Court : US Supreme Court
Decided on : Mar-20-1967
..... 40 t.c. 896), and respondent petitioned for review in the court of appeals for the ninth circuit. that court, in a per curiam decision with one judge dissenting, reversed the tax court and rejected the commissioner's definition of "home" for purposes of the deduction. 355 f.2d 294. the majority of the court ..... compensation, issued its report and recommendations. advisory commission on service pay, career compensation for the uniformed forces (1948). that report formed a principal basis for the career compensation act of 1949, c. 681, 3 stat. 802. on the subjects of subsistence and quarters allowances, the commission stated (appendix, p. 17): "the theory behind the ..... related above, respondent's "home" in 1958 was his permanent duty station at iwakuni, japan, or, instead, the residence of his family in california. from the revenue act of 1921 [ footnote 4 ] down to 162(a)(2) of the 1954 internal revenue code, congress has provided a deduction from taxable income for travel expenses, including .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-20-1967
..... a california state criminal trial during which the prosecutor, as then permitted by a state constitutional provision, extensively commented on their failure to testify. the trial judge also charged the jury that it could draw adverse inferences from such failure. after the trial, but before petitioners' appeal was considered, the state constitutional ..... ] for myself, i intimate no view on congressional power with respect to state courts in this regard. [ footnote 3/2 ] cases in which lower federal courts, acting under the authority of the fourteenth amendment, as expanded by this court's decision in reynolds v. sims, 377 u. s. 533 , have promulgated their own reapportionment ..... done today, that a special harmless error rule is a necessary remedy for a particular kind of error revives the unfortunate idea that appellate courts must act on particular errors, rather than decide on reversal by an evaluation of the entire proceeding to determine whether the cause as a whole has been determined .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1967
..... recommend appointment. an appointment or recommendation for appointment shall constitute a certification by the appointing or page 385 u. s. 620 recommending officer that due inquiry has been made and that he finds no reason to believe that the candidate is disqualified for the appointment. further resolved that this resolution shall become ..... to appellants in holding them constitutional. it is significant that appellees consistently defended the constitutionality of these sections in the courts below. moreover, the three-judge court rendered its decision upon the basis of a "stipulation of fact," paragraph 20 of which recites: "section 3022 incorporates in full by reference and ..... state, shall be removed from such position for the utterance of any treasonable or seditious word or words or the doing of any treasonable or seditious act or acts while holding such position. 3022. elimination of subversive persons from the public school system 1. the board of regents shall adopt, promulgate, and .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-09-1967
..... baseball pitcher, warren spahn. he sought an injunction and damages against the unauthorized publication of what purported to be a biography of his life. the trial judge had found that "the record unequivocally establishes page 385 u. s. 386 that the book publicizes areas of warren spahn's personal and private life, albeit ..... so that the article as published was a fictionalized version, this, in my judgment, was a knowing or reckless falsity. "alteration" or "change" denotes a positive act -- not a negligent or inadvertent happening. "fictionalization" and "fiction," to the ordinary mind, mean so departing from fact and reality as to be deliberately divorced from ..... same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed, and nothing contained in this act shall be so construed as to prevent any person, firm or corporation from using the name, portrait or picture of any manufacturer or dealer in connection .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-06-1967
..... subversive organization which would alter, overthrow, or destroy the government by revolution, force, or violence. a three-judge district court dismissed the complaint. held: 1. since the authority to prescribe oaths is provided by 11 of the ober act, which is tied to 1 and 13, the oath here must be considered not in isolation, but with ..... . justice douglas delivered the opinion of the court. this suit for declaratory relief that a maryland teacher's oath required of appellant was unconstitutional was heard by a three-judge court and dismissed. 258 f.supp. 589. we noted probable jurisdiction. 386 u.s. 906. appellant, who was offered a teaching position with the university of maryland ..... [ footnote 2/2 ] or otherwise incorporate it by reference. it contains no terms that are further defined in the statute. in short, the oath must be judged on its own bottom. the only thing that does shine through the opinion of the majority is that its members do not like loyalty oaths. believing that it is .....
Tag this Judgment!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 : 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 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... in-court identifications had an independent origin. this was not an issue at trial, although there is some evidence relevant to a determination. that inquiry is most properly made in the district court. we therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing ..... gathering of evidence -- is "critical" to the court's own view of a "fair trial." i am wholly unwilling to make the specific constitutional right of counsel dependent on judges' vague and transitory notions of fairness and their equally transitory, though thought to be empirical, assessment of the "risk that . . . counsel's absence . . . ..... s. 309 . application of this test in the present context requires consideration of various factors; for example, the prior opportunity to observe the alleged criminal act, the existence of any discrepancy between any pre-lineup description and the defendant's actual description, any identification prior to lineup of another person, the identification .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... waived all their first amendment rights by disobeying the court order. these facts lend no support to the court's charges that petitioners were presuming to act as judges in their own case, or that they had a disregard for the judicial process. they did not flee the jurisdiction or refuse to appear in ..... not apply to funeral processions." [ footnote 2 ] the full statement is reproduced as appendix b to this opinion. [ footnote 3 ] "the circuit court, or judges thereof when exercising equity jurisdiction and powers may punish for contempt by fine not exceeding fifty dollars, and by imprisonment, not exceeding five days, one or both." ala. ..... consummate conspiracies to engage in said unlawful acts of parading, demonstrating, boycotting, trespassing and picketing or other unlawful acts, or from engaging in acts and conduct customarily known as 'kneel-ins' in churches in violation of the wishes and desires of said churches." "w. a. jenkins, jr., as circuit judge of the tenth" "judicial circuit of .....
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