Us Supreme Court Court October 1963 Judgments
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Canton Co. Vs. Comptroller of the Treasury
Court: US Supreme Court
Decided on: Oct-28-1963
CANTON CO. v. COMPTROLLER OF THE TREASURY - 375 U.S. 58 (1963) U.S. Supreme Court CANTON CO. v. COMPTROLLER OF THE TREASURY, 375 U.S. 58 (1963) 375 U.S. 58 CANTON CO. OF BALTIMORE v. COMPTROLLER OF THE TREASURY, RETAIL SALES TAX DIVISION, MARYLAND. APPEAL FROM THE COURT OF APPEALS OF MARYLAND. No. 365. Decided October 28, 1963. Appeal dismissed for want of a substantial federal question. Reported below: 231 Md. 294, 190 A. 2d 92. Francis D. Murnaghan, Jr. for appellant. Thomas B. Finan, Attorney General of Maryland, Robert C. Murphy, Deputy Attorney General, and Franklin Goldstein, Assistant Attorney General, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Page 375 U.S. 58, 59 ...
South Coast Fisheries Vs. Department of Fish and Game
Court: US Supreme Court
Decided on: Oct-28-1963
SOUTH COAST FISHERIES v. DEPARTMENT OF FISH AND GAME - 375 U.S. 57 (1963) U.S. Supreme Court SOUTH COAST FISHERIES v. DEPARTMENT OF FISH AND GAME, 375 U.S. 57 (1963) 375 U.S. 57 SOUTH COAST FISHERIES, INC., ET AL. v. DEPARTMENT OF FISH AND GAME. APPEAL FROM THE DISTRICT COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT. No. 372. Decided October 28, 1963. Appeal dismissed for want of a substantial federal question. Reported below: 213 Cal. App. 2d 325, 28 Cal. Rptr. 537. John J. Real for appellants. Stanley Mosk, Attorney General of California, Dan Kaufmann, Assistant Attorney General, and Neal J. Gobar, Deputy Attorney General, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. ORKIN EXTERMINATING CO. v. GULF COAST RICE MILLS, 375 U.S. 57 (1963) 375 U.S. 57 (1963) "> U.S. Supreme Court ORKIN EXTERMINATING CO. v. GULF COAST RICE MILLS, 375 U.S. 57 (1963) 375 U.S. 57 ORKIN EXTE...
Bartone Vs. United States
Court: US Supreme Court
Decided on: Oct-28-1963
Bartone v. United States - 375 U.S. 52 (1963) U.S. Supreme Court Bartone v. United States, 375 U.S. 52 (1963) Bartone v. United States No. 337 Decided October 28, 1963 375 U.S. 52 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus After a hearing in open court and in the presence of petitioner and his counsel, a Federal District Judge orally revoked petitioner's probation and sentenced him to imprisonment for one year. Later on the same day, in petitioner's absence, a written judgment was entered committing petitioner to imprisonment for one year and one day. Although the propriety of this enlargement of the sentence was presented on appeal, along with other questions, the Court of Appeals affirmed without mentioning this point. Held: Certiorari is granted and the judgment denying correction of the sentence is reversed, since the error in enlarging the sentence in the absence of petitioner was plain in light of the requi...
Meyer Vs. United States
Court: US Supreme Court
Decided on: Oct-24-1963
Meyer v. United States - 375 U.S. 233 (1963) U.S. Supreme Court Meyer v. United States, 375 U.S. 233 (1963) Meyer v. United States No. 61 Argued October 24, 1963 Decided December 16, 963 375 U.S. 233 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner's husband owned four life insurance policies which named petitioner, his wife, as beneficiary. He pledged them to a bank as collateral security for a loan. Subsequently, the Commissioner of Internal Revenue assessed against the insured deficiencies covering income taxes due by him and filed notice of a tax lien for such deficiencies, plus interest. After the death of the insured, the insurance company paid the full amount of the loan to the bank and the remaining proceeds of the policies to petitioner. The United States sued petitioner individually and as executrix of her husband's estate for the full amount of the taxes due. Petitioner tendered the difference between the cash surrender ...
Dresner Vs. City of Tallahassee
Court: US Supreme Court
Decided on: Oct-23-1963
Dresner v. City of Tallahassee - 375 U.S. 136 (1963) U.S. Supreme Court Dresner v. City of Tallahassee, 375 U.S. 136 (1963) Dresner v. City of Tallahassee No. 35 Argued October 23, 1963 Questions certified to Supreme Court of Florida December 2, 1963 375 U.S. 136 CERTIORARI TO THE CIRCUIT COURT OF FLORIDA, SECOND JUDICIAL CIRCUIT Syllabus Considering that there are questions of Florida law answers to which are necessary to enable this Court to determine its jurisdiction over this cause, and with respect to which there appear to be no precise controlling precedents in the decisions of the Supreme Court of Florida, this Court directs that certain questions be certified to the Supreme Court of Florida, pursuant to Rule 4.61 of the Florida Appellate Rules. Pp. 375 U. S. 136 -139. For opinion below, see post, p. 375 U. S. 139 . PER CURIAM. Considering that there are questions of Florida law answers to which are necessary to enable this Court to determine its jurisdictio...
Panico Vs. United States
Court: US Supreme Court
Decided on: Oct-21-1963
Panico v. United States - 375 U.S. 29 (1963) U.S. Supreme Court Panico v. United States, 375 U.S. 29 (1963) Panico v. United States No. 45 Decided October 21, 1963 375 U.S. 29 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In the circumstances of this case, in which petitioner was convicted in a summary proceeding of criminal contempt and shortly thereafter was committed to a state mental hospital, the fair administration of criminal justice requires a plenary hearing under Federal Rule of Criminal Procedure 42(b) to determine the question of his criminal responsibility for his conduct. Pp. 375 U. S. 29 -31. 308 F. 2d 125, certiorari granted; judgment vacated; and case remanded. PER CURIAM. The petition for a writ of certiorari is granted. The petitioner was one of numerous defendants in a lengthy criminal trial in the United States District Court for the Southern District of New York. He was found guilty, but h...
Davis Vs. City of Bowling Green
Court: US Supreme Court
Decided on: Oct-21-1963
DAVIS v. CITY OF BOWLING GREEN - 375 U.S. 43 (1963) U.S. Supreme Court DAVIS v. CITY OF BOWLING GREEN, 375 U.S. 43 (1963) 375 U.S. 43 DAVIS ET AL. v. CITY OF BOWLING GREEN, KENTUCKY, ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY. No. 331. Decided October 21, 1963. Judgment affirmed. Albert O. Scafuro for appellants. Squire R. Ogden for appellees. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. Page 375 U.S. 43, 44 HUMBLE OIL & REFINING CO. v. MALE, 375 U.S. 43 (1963) 375 U.S. 43 (1963) "> U.S. Supreme Court HUMBLE OIL & REFINING CO. v. MALE, 375 U.S. 43 (1963) 375 U.S. 43 HUMBLE OIL & REFINING CO. ET AL. v. MALE, COMMISSIONER, DEPARTMENT OF LABOR & INDUSTRY, NEW JERSEY. APPEAL FROM THE SUPREME COURT OF NEW JERSEY. No. 326. Decided October 21, 1963. Appeal dismissed for want of a substantial federal question. T. Girard Wharton and John W. Fritz for appellants. Arthur J. Sills, Attorney Ge...
Banks Vs. Wainwright
Court: US Supreme Court
Decided on: Oct-21-1963
BANKS v. WAINWRIGHT - 375 U.S. 51 (1963) U.S. Supreme Court BANKS v. WAINWRIGHT, 375 U.S. 51 (1963) 375 U.S. 51 BANKS v. WAINWRIGHT, CORRECTIONS DIRECTOR. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA. No. 76, Misc. Decided October 21, 1963. Certiorari granted; judgment vacated; and case remanded. Petitioner pro se. Richard W. Ervin, Attorney General of Florida, and A. G. Spicola, Jr., Assistant Attorney General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of Gideon v. Wainwright, 372 U.S. 335 . MR. JUSTICE DOUGLAS and MR. JUSTICE CLARK dissent for the reason that the judgment rests on an adequate state ground. Page 375 U.S. 51, 52 ...
Jacobs Vs. Arizona
Court: US Supreme Court
Decided on: Oct-21-1963
JACOBS v. ARIZONA - 375 U.S. 46 (1963) U.S. Supreme Court JACOBS v. ARIZONA, 375 U.S. 46 (1963) 375 U.S. 46 JACOBS v. ARIZONA. APPEAL FROM THE SUPREME COURT OF ARIZONA. No. 420, Misc. Decided October 21, 1963. Appeal dismissed and certiorari denied. Reported below: 93 Ariz. 336, 380 P.2d 998. PER CURIAM. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. CHODOROV v. NEW YORK, 375 U.S. 46 (1963) 375 U.S. 46 (1963) "> U.S. Supreme Court CHODOROV v. NEW YORK, 375 U.S. 46 (1963) 375 U.S. 46 CHODOROV v. NEW YORK. APPEAL FROM THE COURT OF APPEALS OF NEW YORK. No. 477, Misc. Decided October 21, 1963. Appeal dismissed and certiorari denied. Reported below: 12 N. Y. 2d 176, 188 N. E. 2d 124. Arnold Schildhaus for appellant. Leo A. Larkin, Seymour B. Quel and John A. Murray for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismisse...
Dunlap Vs. Ohio
Court: US Supreme Court
Decided on: Oct-21-1963
DUNLAP v. OHIO - 375 U.S. 42 (1963) U.S. Supreme Court DUNLAP v. OHIO, 375 U.S. 42 (1963) 375 U.S. 42 DUNLAP ET AL. v. OHIO. APPEAL FROM THE SUPREME COURT OF OHIO. No. 288. Decided October 21, 1963. Appeal dismissed and certiorari denied. Melvin Schaengold for appellants. William S. Mathews and Calvin W. Prem for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. STOVER v. NEW YORK, 375 U.S. 42 (1963) 375 U.S. 42 (1963) "> U.S. Supreme Court STOVER v. NEW YORK, 375 U.S. 42 (1963) 375 U.S. 42 STOVER ET VIR v. NEW YORK. APPEAL FROM THE COURT OF APPEALS OF NEW YORK. No. 313. Decided October 21, 1963. Appeal dismissed for want of a substantial federal question. Reported below: 12 N. Y. 2d 462, 191 N. E. 2d 272. Morris L. Ernst for appellants. Anthony T. Antinozzi for appellee. PER CURIAM. Th...
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