Court : US Supreme Court
United States v. Neustadt - 366 U.S. 696 (1961) U.S. Supreme Court United States v. Neustadt, 366 U.S. 696 (1961) United States v. Neustadt No. 533 Argued May 2, 1961 Decided May 29, 1961 366 U.S. 696 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Under the Federal Tort Claims Act, the United States may not be held liable to a purchaser of a home who has been furnished a statement reporting the results of a negligently inaccurate inspection and appraisal of the property made by the Federal Housing Administration for mortgage insurance purposes pursuant to the National Housing Act of 1934, as amended, and who, in reliance upon such statement, has been induced to pay a purchase price in excess of the fair market value of the property, since such a claim is one "arising out of . . . misrepresentation," within the meaning of 28 U.S.C. 2680(h), which precludes recovery on claims arising out of negligent, as well as willful, misrepresentation. P...
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McGowan v. Maryland - 366 U.S. 420 (1961) U.S. Supreme Court McGowan v. Maryland, 366 U.S. 420 (1961) McGowan v. Maryland No. 8 Argued December 8, 1960 Decided May 29, 1961 366 U.S. 420 APPEAL FROM THE COURT OF APPEALS OF MARYLAND Syllabus Appellants, employees of a large department store on a highway in Anne Arundel County, Md., were convicted and fined in a Maryland State Court for selling on Sunday a loose-leaf binder, a can of floor wax, a stapler, staples and a toy, in violation of Md.Ann.Code, Art. 27, 521, which generally prohibits the sale on Sunday of all merchandise except the retail sale of tobacco products, confectioneries, milk, bread, fruit, gasoline, oils, greases, drugs, medicines, newspapers and periodicals. Recent amendments now except from the prohibition the retail sale in Anne Arundel County of all foodstuffs, automobile and boating accessories, flowers, toilet goods, hospital supplies and souvenirs, and exempt entirely any retail establishment in that ...
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Irvin v. Dowd - 366 U.S. 717 (1961) U.S. Supreme Court Irvin v. Dowd, 366 U.S. 717 (1960) Irvin v. Dowd No. 41 Argued November 9, 1960 Decided June 5, 1961 366 U.S. 717 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner was tried in an Indiana State Court, convicted of murder, and sentenced to death. Six murders had been committed in the vicinity of Evansville, Ind., and they were extensively covered by news media in the locality, which aroused great excitement and indignation throughout Vanderburgh County, where Evansville is located, and adjoining Gibson County. Shortly after petitioner was arrested, the Prosecutor of Vanderburgh County and Evansville police officials issued press releases, which were intensively publicized, stating that petitioner had confessed to the six murders. When petitioner was indicted in Vanderburgh County, counsel appointed to defend him immediately sought a change of venue, which was granted, but to adj...
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Communist Party v. SACB - 367 U.S. 1 (1961) U.S. Supreme Court Communist Party v. SACB, 367 U.S. 1 (1961) Communist Party of the United States v. Subversive Activities Control Board No 12 Argued October 11-12, 1960 Decided June 5, 1961 367 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus After very extensive hearings under the Subversive Activities Control Act of 1950, the Board, in 1953, found that the Communist Party of the United States was a "Communist action organization," within the meaning of the Act, and ordered it to register as such under 7. A remand of the case by this Court, 351 U. S. 115 , and a second remand by the Court of Appeals led to further proceedings before the Board, involving rulings on additional procedural points and two reconsiderations of the entire record, following which the Board adhered to its conclusion. After denial of motions made by the Party under 14(a) and after review on the mer...
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Scales v. United States - 367 U.S. 203 (1961) U.S. Supreme Court Scales v. United States, 367 U.S. 203 (1961) Scales v. United States No. 1 Argued April 29, 1959 Reargued October 10, 1960 Decided June 5, 1961 367 U.S. 203 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner was convicted of violating the so-called membership clause of the Smith Act, which makes a felony the acquisition or holding of membership in any organization which advocates the overthrow of the Government of the United States by force or violence, knowing the purposes thereof. The indictment charged that from January, 1946, to the date of its filing in 1954, the Communist Party of the United States was such an organization, and that, throughout that period, petitioner was a member thereof with knowledge of the Party's illegal purpose and a specific intent to accomplish overthrow of the Government "as speedily as circumstances would permit." The jury was instructe...
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Reck v. Pate - 367 U.S. 433 (1961) U.S. Supreme Court Reck v. Pate, 367 U.S. 433 (1961) Reck v. Pate No. 181 Argued April 19, 1961 Decided June 12, 1961 367 U.S. 433 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner, then a mentally retarded 19-year-old youth with no criminal record, was arrested in 1936 on suspicion of stealing bicycles. After being held virtually incommunicado and interrogated by groups of police officers for nearly four days while sick and faint, inadequately fed, without a hearing, and without the advice of counsel, family or friends, he confessed to participation in a murder. At his trial in an Illinois State Court for murder, his two written confessions were admitted in evidence over his timely objection, and he was convicted and sentenced to prison for 199 years. Held: on the record in this case, petitioner's confessions were coerced, and the State violated the Due Process Clause of the Fourteenth Amendmen...
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Mapp v. Ohio - 367 U.S. 643 (1961) U.S. Supreme Court Mapp v. Ohio, 367 U.S. 643 (1961) Mapp v. Ohio No. 236 Argued March 29, 1961 Decided June 19, 1961 367 U.S. 643 APPEAL FROM THE SUPREME COURT OF OHIO Syllabus All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U. S. 25 , overruled insofar as it holds to the contrary. Pp. 367 U. S. 643 -660. 170 Ohio St. 427, 166 N.E.2d 387, reversed. MR. JUSTICE CLARK delivered the opinion of the Court. Appellant stands convicted of knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of 2905.34 of Ohio's Revised Code. [ Footnote 1 ] As officially stated in the syllabus to its opinion, the Supreme Court of Ohio found that her conviction was valid though "based primarily upon the introduction in evidence of lewd and lascivious books and ...
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Poe v. Ullman - 367 U.S. 497 (1961) U.S. Supreme Court Poe v. Ullman, 367 U.S. 497 (1961) Poe v. Ullman No. 60 Argued March 1-2, 1961 Decided June 19, 1961 * 367 U.S. 497 APPEAL FROM THE SUPREME COURT OF ERRORS OF CONNECTICUT Syllabus These are appeals from a decision of the Supreme Court of Errors of Connecticut affirming dismissals of complaints in three cases in which the plaintiffs sued for declaratory judgments that certain Connecticut statutes which prohibit the use of contraceptive devices and the giving of medical advice on their use violate the Fourteenth Amendment by depriving the plaintiffs of life and property without due process of law. The complaints alleged that two plaintiffs who were married women needed medical advice on the use of such devices for the protection of their health, but that a physician, who was the plaintiff in the third case, was deterred from giving such advice because the State's Attorney intended to prosecute offenses against the State's...
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Culombe v. Connecticut - 367 U.S. 568 (1961) U.S. Supreme Court Culombe v. Connecticut, 367 U.S. 568 (1961) Culombe v. Connecticut No. 161 Argued January 19, 1961 Decided June 19, 1961 367 U.S. 568 CERTIORARI TO THE SUPREME COURT OF ERRORS OF CONNECTICUT Syllabus Petitioner, then a 33-year-old illiterate mental defective of the moron class who was suggestible and subject to intimidation, was taken into custody by state police officers on Saturday afternoon and held without benefit of counsel, though he requested counsel, without the prompt arraignment required by state law, and without being advised of his constitutional rights. He was questioned intermittently by police officers until Wednesday night, when, after being upset by seeing his wife and sick daughter and being urged by his wife to tell the truth, he confessed to participation in a holdup in which two men were murdered. This confession was admitted in evidence over his timely objection at his trial in a state cour...
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Lathrop v. Donohue - 367 U.S. 820 (1961) U.S. Supreme Court Lathrop v. Donohue, 367 U.S. 820 (1961) Lathrop v. Donohue No. 200 Argued January 18, 1961 Decided June 19, 1961 367 U.S. 820 APPEAL FROM THE SUPREME COURT OF WISCONSIN Syllabus Acting in accordance with an Act of the State Legislature, the Supreme Court of Wisconsin promulgated rules and bylaws creating an integrated State Bar and requiring all lawyers practicing in the State to be members thereof and to pay annual dues of $15. Appellant paid his dues under protest and sued for a refund, claiming that the State Bar engaged in political activities which he opposed, and that, by coercing him to support it, such rules and bylaws violated his rights under the Fourteenth Amendment. The State Supreme Court held that compulsory enrollment in the State Bar imposed only the duty to pay dues, sustained the constitutionality of the rules and bylaws, and affirmed a judgment dismissing the complaint. On appeal to this Court, H...
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