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Apr 29 1963

White Vs. Maryland

Court: US Supreme Court

Decided on: Apr-29-1963

White v. Maryland - 373 U.S. 59 (1963) U.S. Supreme Court White v. Maryland, 373 U.S. 59 (1963) White v. Maryland No. 600 Argued April 16, 1963 Decided April 29, 1963 373 U.S. 59 CERTIORARI TO THE COURT OF APPEALS OF MARYLAND Syllabus Arrested on a charge of murder, petitioner was taken before a Maryland magistrate for a preliminary hearing, and he pleaded guilty without having the advice or assistance of counsel. Counsel was later appointed for him, and he pleaded not guilty at his formal "arraignment," but the plea of guilty made at the preliminary hearing was introduced in evidence at his trial, and he as convicted and sentenced to death. Held: absence of counsel for petitioner when he entered the plea of guilty before the magistrate violated his rights under the Due Process Clause of the Fourteenth Amendment. Hamilton v. Alabama, 368 U. S. 52 . Pp. 373 U. S. 59 -60. 227 Md. 615, 177 A.2d 877, reversed. PER CURIAM. Petitioner, who was sentenced to death while hi...


Apr 29 1963

Foreman Vs. City of Bellefontaine

Court: US Supreme Court

Decided on: Apr-29-1963

FOREMAN v. CITY OF BELLEFONTAINE - 373 U.S. 63 (1963) U.S. Supreme Court FOREMAN v. CITY OF BELLEFONTAINE, 373 U.S. 63 (1963) 373 U.S. 63 FOREMAN ET UX. v. CITY OF BELLEFONTAINE. APPEAL FROM THE COURT OF APPEALS OF OHIO, LOGAN COUNTY. No. 878. Decided April 29, 1963. Appeal dismissed and certiorari denied. Appellants pro se. James B. West for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Page 373 U.S. 63, 64 A. L. KORNMAN CO. v. PACK, 373 U.S. 63 (1963) 373 U.S. 63 (1963) "> U.S. Supreme Court A. L. KORNMAN CO. v. PACK, 373 U.S. 63 (1963) 373 U.S. 63 A. L. KORNMAN CO. v. PACK, COMMISSIONER OF HIGHWAYS OF TENNESSEE. APPEAL FROM THE SUPREME COURT OF TENNESSEE. No. 775. Decided April 29, 1963. Appeal dismissed for want of a substantial federal question. Reported below: 210 Tenn. 491, 360 S. W. 2d 30. Thomas Wardla...


Apr 29 1963

Hawaii Vs. Gordon

Court: US Supreme Court

Decided on: Apr-29-1963

Hawaii v. Gordon - 373 U.S. 57 (1963) U.S. Supreme Court Hawaii v. Gordon, 373 U.S. 57 (1963) Hawaii v. Gordon No. 12, Original Argued April 15, 1963 Decided April 29, 1963 373 U.S. 57 ON BILL OF COMPLAINT Syllabus The State of Hawaii filed this original action against the Director of the Bureau of the Budget under Art. III, 2, of the Constitution, seeking to obtain an order requiring him to (1) withdraw his advice to federal agencies that 5(e) of the Hawaii Statehood Act, which provides for the conveyance to the State of land "no longer needed by the United States," does not apply to lands obtained by the United States through purchase, condemnation or gift; (2) determine whether a certain tract of land in Hawaii acquired by the United States through condemnation was "needed by the United States"; and (3) convey this land, if not needed, to Hawaii. Held: the complaint is dismissed, because this is a suit against the United States, which has not consented to the maintena...


Apr 29 1963

Locomotive Engineers Vs. Louisville and N. R. Co.

Court: US Supreme Court

Decided on: Apr-29-1963

Locomotive Engineers v. Louisville & N. R. Co. - 373 U.S. 33 (1963) U.S. Supreme Court Locomotive Engineers v. Louisville & N. R. Co., 373 U.S. 33 (1963) Brotherhood of Locomotive Engineers v. Louisville & Nashville Railroad Co. No. 94 Argued February l, 1963 Decided April 29, 1963 373 U.S. 33 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Under 3 First (i) of the Railway Labor Act, a railroad submitted to the National Railroad Adjustment Board a "minor dispute" with a union growing out of the discharge of an employee. The Board sustained the employee's claim for reinstatement and back pay. The railroad reinstated the employee, but a dispute then ensued as to whether the employee was entitled to full pay for the time lost without deduction for money earned from other employers. This dispute led to a threat of a strike, and the railroad sued in a Federal District Court to enjoin the threatened strike. Held: under the Railway Labor Act, th...


Apr 29 1963

Johnson Vs. Virginia

Court: US Supreme Court

Decided on: Apr-29-1963

Johnson v. Virginia - 373 U.S. 61 (1963) U.S. Supreme Court Johnson v. Virginia, 373 U.S. 61 (1963) Johnson v. Virginia No. 715 Decided April 29, 1963 373 U.S. 61 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF APPEALS OF VIRGINIA Syllabus Petitioner, a Negro, was convicted of contempt of court solely because he refused to comply with a judge's instructions to sit in the section of a courtroom reserved for Negroes. Held: A State may not require racial segregation in a courtroom, and the conviction is reversed. Pp. 373 U. S. 61 -62. Reversed. PER CURIAM. The petition for a writ of certiorari is granted, the judgment of the Supreme Court of Appeals of Virginia is reversed, and the case is remanded for proceedings not inconsistent with this opinion. The petitioner, Ford T. Johnson, Jr., was convicted of contempt of the Traffic Court of the City of Richmond, Virginia, and appealed his conviction to the Hustings Court, where he was tried without a jury and agai...


Apr 29 1963

Sanders Vs. United States

Court: US Supreme Court

Decided on: Apr-29-1963

Sanders v. United States - 373 U.S. 1 (1963) U.S. Supreme Court Sanders v. United States, 373 U.S. 1 (1963) Sanders v. United States No. 202 Argued February 25, 1963 Decided April 29, 1963 373 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Arrested on a charge of robbing a federally insured bank in violation of 18 U.S.C. 2113 (a) and brought into a Federal District Court, petitioner declined assistance of counsel, signed a waiver of indictment, pleaded guilty, and was sentenced to imprisonment. Subsequently, he filed in the sentencing Court a motion under 28 U.S.C. 2255 for his release, alleging that the "indictment" was invalid, that he had been denied assistance of counsel, and that he had been intimidated and coerced into pleading guilty without counsel and without knowledge of the charges against him. This motion was denied without a hearing, on the ground that it stated only conclusions, and no facts upon which conclusions coul...


Apr 29 1963

Maximov Vs. United States

Court: US Supreme Court

Decided on: Apr-29-1963

Maximov v. United States - 373 U.S. 49 (1963) U.S. Supreme Court Maximov v. United States, 373 U.S. 49 (1963) Maximov v. United States No. 240 Argued March 28, 1963 Decided April 29, 1963 373 U.S. 49 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus An American trust, created in the United States under Connecticut law and administered in the United States by an American trustee, the beneficiaries of which are British subjects and residents and which retains capital gains income realized in this country, is not exempt from federal income tax on such gains by virtue of a provision of the Income Tax Convention between the United States and the United Kingdom which exempts capital gains of a "resident of the United Kingdom." Pp. 373 U. S. 49 -56. 299 F.2d 565, affirmed. MR. JUSTICE GOLDBERG delivered the opinion of the Court. The question in this case is whether an American trust whose beneficiaries are British subjects and residents and whic...


Apr 22 1963

Colorado Comm'n Vs. Continental Air Lines, Inc.

Court: US Supreme Court

Decided on: Apr-22-1963

Colorado Comm'n v. Continental Air Lines, Inc. - 372 U.S. 714 (1963) U.S. Supreme Court Colorado Comm'n v. Continental Air Lines, Inc., 372 U.S. 714 (1963) Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc. No. 146 Argued March 28, 1963 Decided April 22, 1963 * 372 U.S. 714 CERTIORARI TO THE SUPREME COURT OF COLORADO Syllabus After administrative hearings, the Colorado Anti-Discrimination Commission found that respondent, an interstate air carrier with headquarters in Colorado, had, within that State, rejected the application of a Negro for a job as a pilot solely because of his race, and that this was an unfair employment practice prohibited by the Colorado Anti-Discrimination Act of 1957, and it ordered respondent to cease and desist from such discriminatory practices and to give the complainant the first opportunity to enroll in its training school in its next course. On review, a state court held that the Act could not constitutionally be applied to...


Apr 22 1963

Rice Vs. Wainwright

Court: US Supreme Court

Decided on: Apr-22-1963

RICE v. WAINWRIGHT - 372 U.S. 766 (1963) U.S. Supreme Court RICE v. WAINWRIGHT, 372 U.S. 766 (1963) 372 U.S. 766 RICE v. WAINWRIGHT, CORRECTIONS DIRECTOR. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA. No. 15, Misc. Decided April 22, 1963. Certiorari granted; judgment vacated; and case remanded. Reported below: 134 So.2d 12. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Gideon v. Wainwright, 372 U.S. 335 . HATTEN v. WAINWRIGHT, 372 U.S. 766 (1963) 372 U.S. 766 (1963) "> U.S. Supreme Court HATTEN v. WAINWRIGHT, 372 U.S. 766 (1963) 372 U.S. 766 HATTEN v. WAINWRIGHT, CORRECTIONS DIRECTOR. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA. No. 32, Misc. Decided April 22, 1963. Certiorari granted; judgment vacated; and case remanded. Petitioner pro se. Richard W. Ervin,...


Apr 22 1963

Watt Vs. Wainwright

Court: US Supreme Court

Decided on: Apr-22-1963

WATT v. WAINWRIGHT - 372 U.S. 769 (1963) U.S. Supreme Court WATT v. WAINWRIGHT, 372 U.S. 769 (1963) 372 U.S. 769 WATT v. WAINWRIGHT, CORRECTIONS DIRECTOR. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA. No. 575, Misc. Decided April 22, 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 writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Gideon v. Wainwright, 372 U.S. 335 . ARNOLD v. DIRECTOR, FLORIDA DIVISION OF CORRECTIONS, 372 U.S. 769 (1963) 372 U.S. 769 (1963) "> U.S. Supreme Court ARNOLD v. DIRECTOR, FLORIDA DIVISION OF CORRECTIONS, 372 U.S. 769 (1963) 372 U.S. 769 ARNOLD v. DIRECTOR, FLORIDA DIVISION OF CORRECTIONS. ON PETITION FOR WRIT OF CER...


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