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Perez Vs. Ledesma
Cites for this judgment
- US Supreme Court
- Feb 23, 1971
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U.S. 82 (1971) U.S. Supreme Court Perez v. LedesmaSearch
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U.S. 82 (1971) Perez v. LedesmaSearch
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good faith state criminal proceeding during which the defense should first raise its constitutional claims. Younger v. HarrisSearch
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U. S. 83 MR. JUSTICE BLACK delivered the opinion of the Court. Given our decisions today in No. 2, Younger v. HarrisSearch
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No. 7, Samuels v. MackellSearch
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and No. 9, Fernandez v. MackellSearch
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No. 4, Boyle v. LandrySearch
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No. 83, Byrne v. KaralexisSearch
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and No. 41, Dyson v. SteinSearch
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its view of the proper procedures in the then-pending state obscenity prosecution. According to our holding in Younger v. HarrisSearch
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evidence in state criminal prosecutions are ordinarily matters to be resolved by state tribunals, See Stefanelli v. MinardSearch
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injury can be shown, is federal injunctive relief against pending state prosecutions appropriate. See Younger v. HarrisSearch
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below (which it had not), that court would have been acting in the capacity of a single-judge court. We held in Moody v. FlowersSearch
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See Public Service Comm'n v. BrashearSearch
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F.Supp. at 670 n. 31. (Emphasis added.) The last clause of the quoted sentence indicates what, under Moody v. FlowersSearch
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was filed, there was pending in Louisiana state court a criminal prosecution under the parish ordinance. In Samuels v. MackellSearch
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Aside from the limited local application of the ordinance, which bars a direct appeal under Moody v. FlowersSearch
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against the enforcement of the parish ordinance in the court below, and now cannot appeal from it victory. See Gunn v. UniversitySearch
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The decree was plainly wrong under Stefanelli v. MinardSearch
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U.S. at 342 U. S. 120 . See also Cleary v. BolgerSearch
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application. The case thus presents a fortiori the situation in which the Court found no jurisdiction in Moody v. FlowersSearch
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is therefore lacking. Gunn v. UniversitySearch
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this Court might, on direct appeal, consider the propriety of declaratory relief on pendency grounds. Cf. Zwickler v. KootaSearch
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judge court may not be convened to consider the validity of a local ordinance or a statute of local application. Moody v. FlowersSearch
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extend to nonconstitutional grounds for challenging a statute when a constitutional challenge is also raised. Siler v. LouisvilleSearch
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United States v. GeorgiaSearch
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Florida Lime Growers v. JacobsenSearch
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and Flast v. CohenSearch
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of action in a one-judge court where all causes of action arose out of the same set of facts. United Mine Workers v. GibbsSearch
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this claim. But subject matter jurisdiction of the federal courts may not be bestowed by the parties. United States v. GriffinSearch
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The cases cited by appellants do not support jurisdiction Page 401 U. S. 92 over this claim. Zemel v. RuskSearch
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be joined with a constitutional attack on the statutes which purportedly authorized the action. Milky Way Productions v. LearySearch
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together with New York Feed Co. v. LearySearch
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be done, the Congress should do it. The present judgment should be reviewed in the Court of Appeals, not here. Rorick v. Comm'rsSearch
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sets aside, I dissent. My views, which are not congenial to the majority, are set forth at some length in Younger v. HarrisSearch
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ante, p. 401 U. S. 58 , and Dyson v. SteinSearch
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court intervention affecting the administration of state criminal laws that were not presented in No. 2, Younger v. HarrisSearch
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