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Hicks Vs. Miranda

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  • US Supreme Court
  • Jun 24, 1975

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66 entries 4 linked 62 unlinked
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  1. Allee Vs. Medrano US Supreme Court · May 20, 1974
  2. Samuels Vs. Mackell US Supreme Court · Feb 23, 1971
  3. Philbrook Vs. Glodgett US Supreme Court · Jun 09, 1975
  4. Perez Vs. Ledesma US Supreme Court · Feb 23, 1971
  5. U.S. 332 (1975) U.S. Supreme Court Hicks v. Miranda
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  6. U.S. 332 (1975) Hicks v. Miranda
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  7. ordered return to appellees of all seized copies of the film, and rejected appellants' claim that Younger v. Harris
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  8. U. S. 37 , and Samuels v. Mackell
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  9. of the appeal in Miller v. California
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  10. reaffirmed its Younger v. Harris
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  11. Court erred in reaching the merits of the case despite appellants' insistence that it be dismissed under Younger v. Harris
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  12. and Samuels v. Mackell
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  13. but before any proceedings of substance on the merits have taken place in the federal court, the principles of Younger v. Harris
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  14. absent satisfactory proof of those extraordinary circumstances warranting one of the exceptions to the rule of Younger v. Harris
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  15. U. S. 353 . MR. JUSTICE WHITE delivered the opinion of the Court. This case poses issues under Younger v. Harris
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  16. U. S. 37 (1971), Samuels v. Mackell
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  17. briefs and affidavits. The Attorney General of California also appeared and urged the District Court to follow People v. Enskat
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  18. Cal.App.3d 900, 109 Cal.Rptr. 433 (1973) (hearing denied Oct. 24, 1973), which, after Miller v. California
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  19. which had been seized, as well as to refrain from making any additional seizures. Appellants' claim that Younger v. Harris
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  20. U. S. 37 (1971), and Samuels v. Mackell
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  21. faith and harassment on the part of the authorities, all of which relieved the court from the strictures of Younger v. Harris
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  22. order which had been issued in the criminal case pending in the Municipal Court, the per curiam reversal citing Aday v. Superior
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  23. requisite prompt adversary determination of obscenity under Heller v. New
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  24. On September 30, the three-judge court denied appellants' motions, reaffirmed its June 4 Younger v. Harris
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  25. the question arises whether Miller II removed the necessity for a three-judge court under the rule of Bailey v. Patterson
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  26. Court should have followed the Second Circuit's advice, first, in Port Authority Bondholders Protective Committee v. Port
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  27. and, later, in Doe v. Hodgson
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  28. F.2d 537, 539, cert. denied sub nom. Doe v. Brennan
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  29. ed. and Supp. 1975), insofar as they might be applied, contrary to Heller v. New
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  30. U. S. was not correctly decided. Page 422 U. S. 347 B Appellees contend (1) that, under Gonzalez v. Automatic
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  31. Employees Credit Union, 419 U. S. 90 (1974), and MTM, Inc. v. Baxley
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  32. Even if appellees' premise is correct, but see Philbrook v. Glodgett
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  33. error in reaching the merits of this case despite the appellants' insistence that it be dismissed under Younger v. Harris
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  34. in the state proceedings and see to it that their federal claims were presented there, the requirements of Younger v. Harris
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  35. no criminal prosecution was pending against appellees on the date the federal complaint was filed. The rule in Younger v. Harris
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  36. of service of the complaint, appellees were charged along with their employees in Municipal Court. Neither Steffel v. Thompson
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  37. U. S. 452 (1974), nor any other case in this Court has held that, for Younger v. Harris
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  38. to any proceedings whatsoever before the three-judge court. Unless we are to trivialize the principles of Younger v. Harris
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  39. proof of those extraordinary circumstances calling into play one of the limited exceptions to the rule of Younger v. Harris
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  40. Court was not entitled to infer official bad faith merely because it -- the District Court -- disagreed with People v. Enskat
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  41. harassment would be present in every case in which a state statute is ruled unconstitutional, and the rule of Younger v. Harris
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  42. in those seizures sought federal relief, which was denied, the seizures being upheld despite challenge under Heller v. New
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  43. Spielman Motor Co. v. Dodge
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  44. In Aday v. Superior
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  45. Later decisions of this Court, e.g., A Quantity of Books v. Kansas
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  46. Heller v. New
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  47. to determine obscenity is held, which hearing, in its view would remove any constitutional objection under Heller v. New
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  48. At least some Justices have thought so. Perez v. Ledesma
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  49. U. S. 117 n. 9 (1971) (BRENNAN, J., joined by WHITE and MARSHALL, JJ., concurring and dissenting). Also, Steffel v. Thompson
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  50. U.S. Supreme Court Hicks v. Miranda
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