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Mar 25 1963

Lynumn Vs. Illinois

Court: US Supreme Court

Decided on: Mar-25-1963

Lynumn v. Illinois - 372 U.S. 528 (1963) U.S. Supreme Court Lynumn v. Illinois, 372 U.S. 528 (1963) Lynumn v. Illinois No. 9 Argued February 19, 1963 Decided March 25, 1963 372 U.S. 528 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus Petitioner was tried in an Illinois State Court, convicted of the unlawful possession and sale of marijuana, and sentenced to imprisonment. Her conviction was sustained by the State Supreme Court, notwithstanding the admission in evidence at her trial of an oral confession obtained by threats of police officers that, if she did not "cooperate," she would be deprived of state financial aid for her dependent children, and that her children would be taken from her and she might never see them again. Held: Petitioner's confession was coerced, its admission in evidence violated the Due Process Clause of the Fourteenth Amendment, and the judgment affirming her conviction is reversed. Pp. 372 U. S. 529 -538. 1. Petitioner's confession, made i...


Mar 25 1963

Michigan Nat'l Bank Vs. Robertson

Court: US Supreme Court

Decided on: Mar-25-1963

Michigan Nat'l Bank v. Robertson - 372 U.S. 591 (1963) U.S. Supreme Court Michigan Nat'l Bank v. Robertson, 372 U.S. 591 (1963) Michigan National Bank v. Robertson No. 55 Decided March 25, 1963 * 372 U.S. 591 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF NEBRASKA Syllabus Respondents purchased house trailers in Nebraska and executed notes and lien instruments to the local dealer, who negotiated them to petitioner, a national bank located in Michigan. Subsequently, respondents sued petitioner in a Nebraska State Court, alleging violations of the Nebraska Installment Loan Act and challenging the validity of the transactions and the documents executed in connection therewith. Petitioner claimed that it could not be sued in Nebraska because of 12 U.S.C. 94, which provides that actions against a national bank "may be had" in any state court in the county or city in which it is located. This contention was rejected by the Nebraska courts, and respondents obtained ju...


Mar 25 1963

Bush Vs. Texas

Court: US Supreme Court

Decided on: Mar-25-1963

Bush v. Texas - 372 U.S. 586 (1963) U.S. Supreme Court Bush v. Texas, 372 U.S. 586 (1963) Bush v. Texas No. 511 Argued February 26, 1963 Decided March 25, 1963 372 U.S. 586 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Syllabus At his trial in a Texas State Court for the crime of felon theft, petitioner pleaded not guilty by reason of insanity, but he was convicted and sentenced to imprisonment. The Texas Court of Criminal Appeals affirmed. Subsequently, while petitioner's claim that his conviction violated the Due Process Clause of the Fourteenth Amendment was pending in this Court, he was sent to a mental hospital, where it was found that he suffers simple schizophrenia and had been only partly, or not at all, responsible for his acts for many years. The State brought this information to the attention of this Court; and the Assistant State Attorney General stated on oral argument that, if the judgment affirming petitioner's conviction were vacated, he would favor gr...


Mar 25 1963

Gibson Vs. Florida Legislative Investigation Comm.

Court: US Supreme Court

Decided on: Mar-25-1963

Gibson v. Florida Legislative Investigation Comm. - 372 U.S. 539 (1963) U.S. Supreme Court Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539 (1963) Gibson v. Florida Legislative Investigation Committee No. 6 Argued December 5, 1961 Restored to the calendar for reargument April 2, 1962 Reargued October 10-11, 1962 Decided March 25, 1963 372 U.S. 539 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus In a Florida State Court, petitioner, who was president of the Miami Branch of the National Association for the Advancement of Colored People, was adjudged in contempt and sentenced to fine and imprisonment for refusing to divulge contents of the membership records of that Branch to a committee created by the Florida Legislature, which was investigating the infiltration of Communists into various organizations. There was no suggestion that the Association or its Miami Branch was a subversive organization, or that either was Communist dominated or influenced. The p...


Mar 25 1963

Tar Asphalt Trucking Co., Inc. Vs. United States

Court: US Supreme Court

Decided on: Mar-25-1963

TAR ASPHALT TRUCKING CO., INC. v. UNITED STATES - 372 U.S. 596 (1963) U.S. Supreme Court TAR ASPHALT TRUCKING CO., INC. v. UNITED STATES, 372 U.S. 596 (1963) 372 U.S. 596 TAR ASPHALT TRUCKING CO., INC., v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. No. 762. Decided March 25, 1963. 208 F. Supp. 611, affirmed. John J. Corcoran, Jr. for appellant. Solicitor General Cox, Assistant Attorney General Loevinger, Robert B. Hummel, Elliott H. Moyer and Robert W. Ginnane for the United States et al. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. PETERSON v. ALLEN CIRCUIT COURT, 372 U.S. 596 (1963) 372 U.S. 596 (1963) "> U.S. Supreme Court PETERSON v. ALLEN CIRCUIT COURT, 372 U.S. 596 (1963) 372 U.S. 596 PETERSON v. ALLEN CIRCUIT COURT ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF INDIANA. No. 415, Misc. Decided March 25, 1963. Certiorari granted; judgment vacated; and ...


Mar 18 1963

Gray Vs. Sanders

Court: US Supreme Court

Decided on: Mar-18-1963

Gray v. Sanders - 372 U.S. 368 (1963) U.S. Supreme Court Gray v. Sanders, 372 U.S. 368 (1963) Gray v. Sanders No. 112 Argued January 17, 1963 Decided March 18, 1963 372 U.S. 368 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus Appellee, a qualified voter in primary and general elections in Fulton county, Georgia, sued in a Federal District Court to restrain appellants, the Secretary of State and officials of the State Democratic Executive Committee, from using Georgia's county unit system as a basis for counting votes in a Democratic primary election for the nomination of a United States Senator and statewide officers -- which was practically equivalent to election. Such primary elections are governed by a Georgia statute, which was amended in 1962 so as to allocate unit votes to counties as follows: counties with populations not exceeding 15,000, two units; an additional unit for the next 5,000 persons; an additional unit for the n...


Mar 18 1963

Draper Vs. Washington

Court: US Supreme Court

Decided on: Mar-18-1963

Draper v. Washington - 372 U.S. 487 (1963) U.S. Supreme Court Draper v. Washington, 372 U.S. 487 (1963) Draper v. Washington No. 201 Argued January 16, 1963 Decided March 18, 1963 372 U.S. 487 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus In a trial in a State Court in which they were represented by court-appointed counsel, petitioners were convicted of robbery and sentenced to imprisonment. Their motions for a new trial were denied. Being indigents and acting pro se, they filed notices of appeal and motions for a free transcript of the record. After a hearing before the trial judge, at which petitioners represented themselves and also had the benefit of court-directed argument by their trial counsel, the trial judge entered findings of fact and conclusions of law respecting each error claimed by petitioners. He then denied their request for a transcript on the ground that their assignments of error were patently frivolous, their guilt had been established by over...


Mar 18 1963

Birmingham Ice and Cold Storage Vs. Southern Railway

Court: US Supreme Court

Decided on: Mar-18-1963

BIRMINGHAM ICE & COLD STORAGE v. SOUTHERN RAILWAY - 372 U.S. 524 (1963) U.S. Supreme Court BIRMINGHAM ICE & COLD STORAGE v. SOUTHERN RAILWAY, 372 U.S. 524 (1963) 372 U.S. 524 BIRMINGHAM ICE & COLD STORAGE CO. ET AL. v. SOUTHERN RAILWAY CO. ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA. No. 425. Decided March 18, 1963. Appeal dismissed. Reported below: 205 F. Supp. 640. David J. Vann and A. Alvis Layne for appellants. Jos. F. Johnston for Southern Railway Co. et al., and James W. Wrape and Glenn M. Elliott for Jefferson Warehouse & Cold Storage Co. et al., appellees. Solicitor General Cox filed a memorandum for the United States. PER CURIAM. The motions to dismiss are granted and the appeal is dismissed. MR. JUSTICE BLACK took no part in the consideration or decision of this case. Page 372 U.S. 524, 525 ...


Mar 18 1963

Robinson Vs. United States

Court: US Supreme Court

Decided on: Mar-18-1963

ROBINSON v. UNITED STATES - 372 U.S. 527 (1963) U.S. Supreme Court ROBINSON v. UNITED STATES, 372 U.S. 527 (1963) 372 U.S. 527 ROBINSON v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. No. 425, Misc. Decided March 18, 1963. Certiorari granted; judgment vacated; and case remanded with directions to allow appeal in forma pauperis. Reported below: 304 F.2d 805 . Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Robert S. Erdahl and Kirby W. Patterson for the United States. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. On writ of certiorari the judgment is vacated and, in accordance with the suggestion of the Solicitor General, the case is remanded to the United States Court of Appeals for the Eighth Circuit with directions to allow the appeal in forma pauperis. Coppedge v. United States, 369 U.S. 438 . Page 372...


Mar 18 1963

Lane Vs. Brown

Court: US Supreme Court

Decided on: Mar-18-1963

Lane v. Brown - 372 U.S. 477 (1963) U.S. Supreme Court Lane v. Brown, 372 U.S. 477 (1963) Lane v. Brown No. 83 Argued January 16-17, 1963 Decided March 18, 1963 372 U.S. 477 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In an Indiana State Court, respondent was convicted of murder and sentenced to death. After an unsuccessful appeal, he filed in the Trial Court a petition for writ of error coram nobis. After a hearing, at which respondent was represented by the Public Defender, that Court denied relief. Respondent requested the Public Defender to represent him in perfecting an appeal to the Indiana Supreme Court, but the Public Defender refused because he believed that an appeal would be unsuccessful. Respondent next applied to the Trial Court for a transcript of the coram nobis hearing and the appointment of counsel to perfect an appeal, but this was denied. The Supreme Court of Indiana refused to order the Trial Court to grant petit...


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