[1] In January 1961, the former Chief Justice of the State of Connecticut, Ernest A. Inglis acted as the Grand Juror in asking Malloy a series of questions.

[1] Malloy filed for a petition for a writ of habeas corpus naming Hartford County Sheriff, Patrick J. Hogan.

The court noted that "the American judicial system is accusatorial, not inquisitorial" and the Fourteenth Amendment protects a witness against self-incrimination.

Therefore, both state and federal officials must "establish guilt by evidence that is free and independent of a suspect's or witnesses' statements".

[1][2][3] Justices Tom C. Clark and John Marshall Harlan II were against the majority’s application of the privilege to defendants in state proceedings.

[3] The following cases were either brought up to support claims within the U.S. Supreme Court or were future cases influenced by Malloy v. Hogan:[2][3] Twining v. New Jersey, 211 U.S. 78 (1908) Gitlow v. New York, 268 U.S. 652 (1925) Palko v. Connecticut, 302 U.S. 319 (1937) Cantwell v. Connecticut, 310 U.S. 296 (1940) Adamson v. California, 332 U.S. 46 (1947) Mapp v. Ohio, 367 U.S. 643 (1961) Gideon v. Wainwright, 372 U.S. 335 (1963) Griffin v. California, 380 U.S. 609 (1965) Miranda v. Arizona (1966)