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Ellis Vs. Dyson

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  • US Supreme Court
  • May 19, 1975

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77 entries 11 linked 66 unlinked
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  1. Boyle Vs. Landry US Supreme Court · Feb 23, 1971
  2. Steffel Vs. Thompson US Supreme Court · Mar 19, 1974
    Distinguished
  3. United States Vs. Augenblick US Supreme Court · Jan 14, 1969
    Relied / Followed
  4. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  5. Lake Carriers' Assn. Vs. MacMullan US Supreme Court · May 30, 1972
  6. Scholle Vs. Hare US Supreme Court · Apr 23, 1962
  7. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  8. O'Shea Vs. Littleton US Supreme Court · Jan 15, 1974
  9. Secretary of the Navy Vs. Avrech US Supreme Court · Jul 08, 1974
    Relied / Followed
  10. Poe Vs. Ullman US Supreme Court · Jun 19, 1961
  11. United Public Workers Vs. Mitchell US Supreme Court · Feb 10, 1947
  12. U.S. 426 (1975) U.S. Supreme Court Ellis v. Dyson
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  13. U.S. 426 (1975) Ellis v. Dyson
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  14. injury to petitioners if the ordinance were enforced, a result felt to be mandated by the decision in Becker v. Thompson
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  15. F.2d 919 (CA5), wherein it was held that the principles of Younger v. Harris
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  16. Since the Becker decision was subsequently reversed in Steffel v. Thompson
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  17. and convictions. No injunctive relief against any future application of the statute to them was requested. Cf. Reed v. Giarrusso
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  18. ordinance were enforced. This result, it concluded, was mandated by the decision of its controlling court in Becker v. Thompson
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  19. F.2d 919 (CA5 1972). In Becker, the Fifth Circuit had held that the principles of Younger v. Harris
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  20. After we unanimously reversed the Becker decision on which the District Court had relied, Steffel v. Thompson
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  21. a genuine threat of state prosecution. Unlike the situation where state prosecution is actually pending, cf. Samuel v. Mackell
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  22. is free of that requirement. Page 421 U. S. 433 415 U.S. at 415 U. S. 472 -473. See, e.g., Monroe v. Pape
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  23. ibid., quoting Maryland Casualty Co. v. Pacific
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  24. Court of Appeals and remand the case to the District Court for reconsideration in the light of our opinion in Steffel v. Thompson
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  25. reversing Becker v. Thompson
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  26. the meaning of Art. III of the Constitution and of the Declaratory Judgment Act, may be said to exist. See Steffel v. Thompson
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  27. U.S. at 415 U. S. 458 -460. See generally Page 421 U. S. 435 O'Shea v. Littleton
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  28. U. S. 81 (1971). Further, the credible threat must be shown to be alive at each stage of the litigation. Steffel v. Thompson
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  29. The denial may have been based on State ex rel. Bergeron v. Travis
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  30. County Court, 76 Tex.Cr.R. 147, 153-154, 174 S.W. 365, 367-368 (1915), and State ex rel. Burks v. Stovall
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  31. We upheld a similar two-tier system in Colten v. Kentucky
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  32. denied both declaratory and injunctive relief, Steffel chose to appeal only the denial of declaratory relief. Becker v. Thompson
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  33. motion to dismiss petitioners' complaint because it regarded a prior decision of the Court of Appeals, Becker v. Thompson
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  34. ground of decision. Indeed, this Court has, on occasion, followed essentially the same practice. Secretary of the Navy v. Avrech
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  35. Court's understanding of the law when it affirmed by order, 475 F.2d 1402 (CA5 1973). Later this Court, in Steffel v. Thompson
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  36. that court and the District Court had regarded as dispositive of this case. In Steffel, we held that Younger v. Harris
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  37. but under Younger v. Harris
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  38. the District Court was plainly correct in dismissing the claim, rather than ruling on its merits. Huffman v. Pursue
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  39. relief, and the Court of Appeals for the Fifth Circuit affirmed. In its decision today, relying on Steffel v. Thompson
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  40. the state court's resolution of a constitutional claim generally is not binding on the federal court. See Brown v. Allen
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  41. of their convictions, and thus could not satisfy the custody requirement of habeas corpus jurisdiction. E.g., Carafas v. LaVallee
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  42. corpus relief on the basis of constitutional claims antecedent to and independent of the guilty pleas. E.g., Tollett v. Henderson
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  43. Maryland Casualty Co. v. Pacific
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  44. s handbilling companion is ample demonstration that petitioner's concern with arrest has not been 'chimerical,' Poe v. Ullman
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  45. petitioners may be arrested again, and, therefore, that the ordinance causes them real and immediate harm. See O'Shea v. Littleton
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  46. justiciable despite the absence of actual threats of enforcement directed personally to the plaintiff. E.g., Doe v. Bolton
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  47. U. S. 498 , 406 U. S. 506 -508 (1972). See CSC v. Letter
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  48. petitioners regularly engage or in which they would engage but do not because of fear of prosecution. Compare CSC v. Letter
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  49. United Public Workers v. Mitchell
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  50. need -- indeed, no jurisdiction -- to consider the claim further. The situation here is similar to that, in O'Shea v. Littleton
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