Us Supreme Court Court March 1961 Judgments
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Ferguson Vs. Georgia
Court: US Supreme Court
Decided on: Mar-27-1961
Ferguson v. Georgia - 365 U.S. 570 (1961) U.S. Supreme Court Ferguson v. Georgia, 365 U.S. 570 (1961) Ferguson v. Georgia No. 44 Argued November 14-15, 1960 Decided March 27, 1961 365 U.S. 570 APPEAL FROM THE SUPREME COURT OF GEORGIA Syllabus The Georgia Code, 38-416, makes a person charged with a criminal offense incompetent to testify under oath in his own behalf at his trial; but 38-415 gives him the right to make an unsworn statement to the jury without subjecting himself to cross-examination. At the trial in a state court in which appellant was convicted of murder, his counsel was denied the right to ask him any questions when he took the stand to make his unsworn statement. Held: this application of 38-415 denied appellant the effective assistance of his counsel at a crucial point in his trial, and it violated the Due Process Clause of the Fourteenth Amendment. Pp. 365 U. S. 570 -596. 215 Ga. 117, 109 S.E.2d 44, reversed. MR. JUSTICE BRENNAN delivered the opin...
Allison Vs. Indiana
Court: US Supreme Court
Decided on: Mar-27-1961
ALLISON v. INDIANA - 365 U.S. 608 (1961) U.S. Supreme Court ALLISON v. INDIANA, 365 U.S. 608 (1961) 365 U.S. 608 ALLISON v. INDIANA. APPEAL FROM THE SUPREME COURT OF INDIANA. No. 696. Decided March 27, 1961. Appeal dismissed and certiorari denied. Reported below: ___ Ind. ___, 166 N. E. 2d 171. William C. Erbecker for appellant. PER CURIAM. The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for certiorari, certiorari is denied. FLORIDA v. CANOVA, 365 U.S. 608 (1961) 365 U.S. 608 (1961) "> U.S. Supreme Court FLORIDA v. CANOVA, 365 U.S. 608 (1961) 365 U.S. 608 FLORIDA EX REL. ISRAEL v. CANOVA ET AL., FLORIDA BOARD OF PHARMACY. APPEAL FROM THE SUPREME COURT OF FLORIDA. No. 697. Decided March 27, 1961. Appeal dismissed for want of a substantial federal question. Reported below: 123 So.2d 672. Robert H. Givens, Jr. for appellant. PER CURIAM. The appeal is dismissed for want of a substantial federal question. Page 365 U.S....
Newsom Vs. Smyth
Court: US Supreme Court
Decided on: Mar-27-1961
Newsom v. Smyth - 365 U.S. 604 (1961) U.S. Supreme Court Newsom v. Smyth, 365 U.S. 604 (1961) Newsom v. Smyth No. 116 Argued January 16-17, 1961 Decided March 27, 1961 365 U.S. 604 CERTIORARI TO THE SUPREME COURT OF APPEALS OF VIRGINIA Syllabus Certiorari was granted in this case because it was believed to present the question whether the Due Process Clause of the Fourteenth Amendment requires a State to appoint counsel to assist an indigent prisoner in prosecuting his appeal from a state conviction of murder. After oral argument and full consideration, held, the record does not adequately establish that the State Supreme Court found or was required to find that the federal claim was presented to it; the case fails to present a federal question, and the writ of certiorari is dismissed as improvidently granted. Pp. 365 U. S. 604 -605. Writ dismissed. PER CURIAM. A writ of certiorari to review the judgment of the Supreme Court of Appeals of the Commonwealth of Virginia ...
Van Hook Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1961
VAN HOOK v. UNITED STATES - 365 U.S. 609 (1961) U.S. Supreme Court VAN HOOK v. UNITED STATES, 365 U.S. 609 (1961) 365 U.S. 609 VAN HOOK v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No. 705. Decided March 27, 1961. Certiorari granted; judgment reversed; and case remanded. Reported below: 284 F.2d 489 . Francis Heisler for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States. PER CURIAM. The petition for writ of certiorari is granted. The judgment is reversed and the case remanded for resentencing in compliance with Rule 32 of the Federal Rules of Criminal Procedure. Green v. United States, 365 U.S. 301 . HITCHCOCK v. ARIZONA, 365 U.S. 609 (1961) 365 U.S. 609 (1961) "> U.S. Supreme Court HITCHCOCK v. ARIZONA, 365 U.S. 609 (1961) 365 U.S. 609 HITCHCOCK v. ARIZONA. APPEAL FROM THE SUPREME COURT OF ARIZONA. No. 718, Misc. Decided...
Reynolds Vs. Cochran
Court: US Supreme Court
Decided on: Mar-20-1961
Reynolds v. Cochran - 365 U.S. 525 (1961) U.S. Supreme Court Reynolds v. Cochran, 365 U.S. 525 (1961) Reynolds v. Cochran No. 115 Argued March 2, 1961 Decided March 20, 1961 365 U.S. 525 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus In his petition for habeas corpus, filed in a State Supreme Court, petitioner alleged that, after he had finished serving his terms for two separate felonies of which he had been convicted and after he had been released, he was arrested by state authorities, taken to another county, and there brought to trial two days after his arrest on a charge of being a "second offender" in violation of a state statute. He further alleged that he told the trial court that he had already retained counsel for his own defense, that his counsel was on the way and was due to arrive on the day of the trial, and that he asked that his trial be postponed until his counsel arrived, but that the court denied a continuance and proceeded to convict him on the recor...
Yale Transport Corp. Vs. United States
Court: US Supreme Court
Decided on: Mar-20-1961
YALE TRANSPORT CORP. v. UNITED STATES - 365 U.S. 566 (1961) U.S. Supreme Court YALE TRANSPORT CORP. v. UNITED STATES, 365 U.S. 566 (1961) 365 U.S. 566 YALE TRANSPORT CORP. ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. No. 584. Decided March 20, 1961. 185 F. Supp. 96, affirmed. Herbert Burstein for appellants. Solicitor General Cox, Acting Assistant Attorney General Kirkpatrick, Richard A. Solomon, Robert W. Ginnane and H. Neil Garson for the United States and the Interstate Commerce Commission, and Bernard G. Segal, Irving R. Segal and S. Harrison Kahn for United Parcel Service, Inc., appellees. PER CURIAM. The motions to affirm are granted and the judgment is affirmed. MR. JUSTICE BLACK is of the opinion that probable jurisdiction should be noted. BURD v. WILKINS, 365 U.S. 566 (1961) 365 U.S. 566 (1961) "> U.S. Supreme Court BURD v. WILKINS, 365 U.S. 566 (1961) 365 U.S. 566 BURD v. WILKINS, W...
Laurens Fed. S. and L. Assn. Vs. Tax Commission
Court: US Supreme Court
Decided on: Mar-20-1961
Laurens Fed. S. & L. Assn. v. Tax Commission - 365 U.S. 517 (1961) U.S. Supreme Court Laurens Fed. S. & L. Assn. v. Tax Commission, 365 U.S. 517 (1961) Laurens Federal Savings & Loan Assn. v. South Carolina Tax Commission No. 126 Argued March 2, 1961 Decided March 20, 1961 365 U.S. 517 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus Section 13 of the Federal Home Loan Bank Act, which exempts federal home loan banks and their "advances" from state taxation, bars a State from requiring a federal savings and loan association to pay documentary stamp taxes on promissory notes executed by the association in favor of a federal home loan bank to cover loans from the bank to the association. Pp. 365 U. S. 518 -524. (a) The immunity granted to "advances" of a federal home loan bank by 13 of the Federal Home Loan Bank Act is broad enough to bar state stamp taxes on such a loan. Pittman v. Home Owners' Loan Corp., 308 U. S. 21 . Pp. 365 U. S. 519 -522. (b) Section...
Milanovich Vs. United States
Court: US Supreme Court
Decided on: Mar-20-1961
Milanovich v. United States - 365 U.S. 551 (1961) U.S. Supreme Court Milanovich v. United States, 365 U.S. 551 (1961) Milanovich v. United States No. 79 Argued February 20, 1961 Decided March 20, 1961 365 U.S. 551 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioners, husband and wife, were both convicted in a Federal District Court for stealing government property in violation of 18 U.S.C. 641, and the wife was convicted also on a separate count for receiving and concealing part of the same property in violation of the same section. On the larceny conviction, the husband was sentenced to imprisonment for five years and the wife for ten years. In addition, the wife received a five-year concurrent sentence on the receiving count. The Court of Appeals sustained both convictions on the larceny count, but it reversed the wife's conviction on the receiving count. It set aside the wife's five-year sentence for receiving, but it let stand he...
Rogers Vs. Richmond
Court: US Supreme Court
Decided on: Mar-20-1961
Rogers v. Richmond - 365 U.S. 534 (1961) U.S. Supreme Court Rogers v. Richmond, 365 U.S. 534 (1961) Rogers v. Richmond No. 40 Argued November 8-9, 1960 Decided March 20, 1961 365 U.S. 534 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus At the trial in a state court in which petitioner was convicted of murder, two confessions which he claimed had been obtained by coercion were admitted in evidence over his objection. In determining that the confessions were "voluntary," both the trial court and the State Supreme Court, which affirmed the conviction, gave consideration to the question whether or not the confessions were reliable. Petitioner applied to a Federal District Court for a writ of habeas corpus, claiming that his conviction violated the Due Process Clause of the Fourteenth Amendment. On the basis of the record in the state trial court and that court's finding that the confessions were "voluntary," the District Court denied the writ, a...
City of Kansas City Vs. United States
Court: US Supreme Court
Decided on: Mar-20-1961
CITY OF KANSAS CITY v. UNITED STATES - 365 U.S. 568 (1961) U.S. Supreme Court CITY OF KANSAS CITY v. UNITED STATES, 365 U.S. 568 (1961) 365 U.S. 568 CITY OF KANSAS CITY, KANSAS, ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. No. 657. Decided March 20, 1961. 192 F. Supp. 179, affirmed. Joseph P. Jenkins for appellants. Solicitor General Cox and Roger P. Marquis for the United States et al. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. MILLER v. CALIFORNIA, 365 U.S. 568 (1961) 365 U.S. 568 (1961) "> U.S. Supreme Court MILLER v. CALIFORNIA, 365 U.S. 568 (1961) 365 U.S. 568 MILLER v. CALIFORNIA. APPEAL FROM THE DISTRICT COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT. No. 719, Misc. Decided March 20, 1961. Appeal dismissed and certiorari denied. Reported below: 185 Cal. App. 2d 59, 8 Cal. Rptr. 91. PER CURIAM. The motion to dismiss is granted and the appeal is dismis...