Court : US Supreme Court
Decided on : Jan-23-1967
..... for most state and federal courts (including this court in the exercise of its supervisory power over proceedings in federal courts) has been that the trial judge is given discretion to draw the balance in the context of the trial. in view of this uniform tradition, it is apparent that prior convictions evidence ..... permitting introduction of the evidence. the defendants' interests are protected by limiting instructions, see giacone v. state, supra, and by the discretion residing with the trial judge to limit or forbid the admission of particularly prejudicial evidence even though admissible under an accepted rule of evidence. see spears v. state, 153 tex.cr.r. ..... the state may not show defendant's prior trouble with the law, specific criminal acts, or ill name among his neighbors, even though such facts might logically be persuasive that he is, by propensity, a probable perpetrator of the crime. the inquiry is not rejected because character is irrelevant; on the contrary, it is said .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... true are detailed at length in the opinion of mr. justice harlan. suffice it to say that little investigative effort was expended initially, and no additional inquiries were made even after the editors were notified by respondent and his daughter that the account page 388 u. s. 170 to be published was absolutely ..... the punitive damage award, the majority upheld it as stemming from the "enlightened conscience" of the jury as adjusted by the lawful action of the trial judge. it was in "complete accord" with the trial court's determination that the evidence justified the finding "that what the post did was done with reckless ..... justice fortas). [ footnote 2/4 ] ga.code ann. 105-709(6) provides: "privileged communications. -- the following are deemed privileged communications: " " * * * *" "6. comments upon the acts of public men in their public capacity and with reference thereto." this privilege is qualified by ga.code ann. 105-710, which provides: "malicious use of privilege. -- in every case .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... agreement were enforceable in federal court but not in the state court, id. at 350 u. s. 204 , posed a choice of two alternatives for judge medina. if he held that the arbitration act rested solely on congress' power, widely recognized in 1925 but negated in erie, to prescribe general federal law applicable in diversity cases, he would be compelled ..... not encroach upon the province of the individual states." cohen & dayton, the new federal arbitration law, 12 va.l.rev. 265, 276-277. all this indicates that the 4 inquiry of whether the making of the arbitration agreement is in issue is to be determined by reference to state law, not federal law formulated by ..... u.s.c. 152(7). in other instances, congress has chosen more restrictive language. fair labor standards act of 1938, 52 stat. 1062, 6, as amended, 29 u.s.c. 206. prior to this case, this court has always made careful inquiry to assure itself that it is applying a statute with the coverage that congress intended, so that the meaning .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-10-1967
..... never be "claimants" against the insurer? i cannot believe that congress launched such an irrational scheme. the court rests heavily on the fact that the 1948 act contains the phrase "may claim," while the 1926 and 1936 interpleader statutes contained the phrase "are claiming." from this change in language, the court infers that ..... have been a tenable position under the 1926 [ footnote 8 ] and 1936 interpleader statutes. [ footnote 9 ] these statutes did not carry forward the language in the 1917 act authorizing interpleader where adverse claimants "may claim" benefits as well as where they "are claiming" them. [ footnote 10 ] in 1948, however, in the revision of the ..... judge weinfeld's opinion in twentieth century-fox film corp. v. taylor, 239 f.supp. 913, 918-921 (d.c.s.d.n.y.1965), and in ali, study of the division of jurisdiction between state and federal courts 180-190 (official draft, pt. 1, 1965); 3 moore, federal practice 22.09, at 3033-3037; chafee, federal interpleader since the act .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-13-1967
..... with admirable promptness during the march, 1964, special criminal session of the superior court of orange county; but, when the jury failed to reach a verdict, the trial judge declared a mistrial and ordered the case continued for the term. several weeks prior to the april, 1965, criminal session of the superior court, the state's solicitor ..... during the session, petitioner, through his attorney, opposed the entry of such an order in open court. the trespass charge, he contended, was abated by the civil rights act of 1964 as construed in hamm v. city of rock hill, 379 u. s. 306 (1964). in spite of petitioner's opposition, the court indicated that it would ..... subject to prosecution at any time in the future at the discretion of the prosecutor. although petitioner objected that the trespass charge was abated by the civil rights act of 1964 and that entry of the nolle prosequi order would violate his federal right to a speedy trial, the trial court, without stated justification, granted the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-11-1967
..... again to be part and parcel of those first amendment rights. basic in this scheme of values is the immunity of beliefs, ideas, and ideology from government inquiry, probing, or surveillance. [ footnote 2/1 ] jefferson expressed the american constitutional theory: "[t]he opinions of men are not the object of civil government ..... u.s.c. 786. prior to hearing thereon, appellants sued in the district court to have the registration provisions declared unconstitutional. a three-judge district court dismissed the complaint for failure to exhaust administrative remedies. held: ordinarily where congress has provided a civil proceeding in which appellants can ..... bypass the board by suing in the district court. [ footnote 2 ] appellants' complaint in the district court alleged that the communist-front registration provisions of the act were unconstitutional. [ footnote 3 ] the complaint also alleged that the "very pendency of these administrative proceedings . . . has resulted and will continue to result .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... 28 u.s.c. 2281. the answer to that question in turn depends upon whether the three-judge courts in these cases were properly convened. in no. 624, appellants attack the validity of an alabama statute (ala.laws 1957, act no. 9, p. 30) prescribing the apportionment and districting scheme for electing members of the houston ..... the suffolk county board of supervisors violates the fourteenth amendment and an injunction prohibiting the appellants from acting as a board of supervisors unless and until a change in their voting strength is made, and requesting the convening of a three-judge court. the 10 towns of suffolk county, new york, elect, by popular vote, a ..... a county charter. since the "statute" in each of these cases is one of limited application, concerning only a particular county involved in the litigation, a three-judge court was improperly convened. appeals should, therefore, have been taken to the respective courts of appeals, not to this court. since the time for perfecting those .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... mercy of counsel's ability to marshall and deploy horrible examples which logic may accommodate, but the reality of administration would repel. our training as lawyers and judges, our respect for the administrative process, and our awareness of the complexities of life should warn us not to fall into the trap of abstract, generalized, ..... and destructive in its implications as illustrated by the present application. as will appear, i believe that this approach improperly and unwisely gives individual federal district judges a roving commission to halt the regulatory process, and to do so on the basis of abstractions and generalities instead of concrete fact situations, and that ..... in ewing, 339 u.s. at 339 u. s. 599 , a case under the federal food, drug, and cosmetic act, the court held "it is not a requirement of due process that there be judicial inquiry before discretion can be exercised. it is sufficient, where only property rights are concerned, that there is at some stage an .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-10-1967
..... 59 . such a civil suit is seemingly barred if the right to bring it first accrued more than six years prior to the date of filing the suit. our initial inquiry is, therefore, when the right of the contractor in this case to bring suit in the district court page 386 u. s. 511 first accrued. in our opinion, ..... has decided nager electric co., inc. v. united states, 177 ct.cl. 234, 368 f.2d 847, a unanimous decision by that court supported by an exhaustive opinion by judge davis dealing with the application of the "first accrual" language of 28 u.s.c. 2501 [ footnote 5 ] to both breach and disputes clause claims under the typical ..... contain a provision making final on a question of law the decision of any administrative official, representative, or board." [ footnote 10 ] the committee report on the wunderlich act disaffirms an intention to confer any new rights on the contractor other than the widened scope of review and refers specifically to the six-year statute of limitations barring stale .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1967
..... because, under oath, he did not tell the truth. the petitioner was not asked whether he had been "meaningfully associated" with the communist party. nor was the inquiry limited to party membership. he was posed the much broader page 385 u. s. 638 question whether he had ever "been a member of, or in any other ..... testimony indicated that petitioner had been a party member in hungary. petitioner denied party membership, and presented witnesses who testified to his opposition to communism. the district judge found that petitioner became a party member in 1945, remained so for a number of years, attended party meetings, and that petitioner had thus testified falsely in ..... good moral character within page 385 u. s. 635 the meaning of the immigration and nationality act." [ footnote 8 ] the petitioner asks us to reject as "clearly erroneous" the factual conclusion about his party membership reached by the district judge and accepted by the court of appeals. in order to do so, we would be forced .....
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