Colorado v. Symes

Background

A federal prohibition agent named Henry Dierks was charged in Colorado with killing a man, Melford Smith, after an incident at a hamburger stand at 3005 South Broadway in Englewood on November 7, 1931. Dierks and another agent went to investigate reported violations, identified themselves, were allowed to search, saw Smith with a bottle of wine, and a struggle followed in which Dierks struck Smith. Smith became sick the next day and died. Dierks sought to remove the state murder case to federal court, claiming he acted under federal authority.

Reasoning

The Court addressed whether the federal court properly kept the case. It explained that a federal officer asking to move a state criminal case to federal court must give a candid, specific, and positive statement of all facts showing the acts were done under federal duty. The Court found Dierks’ petition vague about essential details of the scuffle and the blow that caused Smith’s death. Because the petition did not clearly show the killing was done as part of lawful federal duties, the district court should have granted the state’s motion to return the case.

Real world impact

The ruling requires federal officers to provide detailed factual statements when asking federal courts to take state criminal prosecutions. It means this murder case should go back to the Colorado court unless the federal judge allows Dierks to amend his petition and supply fuller facts. The decision protects states’ ability to try crimes unless a strong, specific federal-defense record is shown.

Dissents or concurrances

Two Justices disagreed with the majority and would have discharged the rule, indicating they would not have compelled remand to the state court.