Us Supreme Court Court February 1964 Judgments
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Diamond Vs. Louisiana
Court: US Supreme Court
Decided on: Feb-24-1964
DIAMOND v. LOUISIANA - 376 U.S. 201 (1964) U.S. Supreme Court DIAMOND v. LOUISIANA, 376 U.S. 201 (1964) 376 U.S. 201 DIAMOND v. LOUISIANA. CERTIORARI TO THE SUPREME COURT OF LOUISIANA. No. 100. Argued February 20, 1964. Decided February 24, 1964. Certiorari dismissed as improvidently granted. James M. Nabrit III argued the cause for petitioner. With him on the brief were Jack Greenberg, Wiley A. Branton and Johnnie A. Jones. Ralph L. Roy argued the cause for respondent. With him on the brief was Jack P. F. Gremillion, Attorney General of Louisiana. PER CURIAM. The writ of certiorari is dismissed as improvidently granted. Page 376 U.S. 201, 202 ...
United States Vs. Merz
Court: US Supreme Court
Decided on: Feb-24-1964
United States v. Merz - 376 U.S. 192 (1964) U.S. Supreme Court United States v. Merz, 376 U.S. 192 (1964) United States v. Merz No. 65 Argued January 13-14, 1964 Decided February 24, 1964 * 376 U.S. 192 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Under Rule 71A(h) of the Federal Rules of Civil Procedure, Commissions were appointed by district courts to determine the issue of just compensation in eminent domain proceedings. Following hearings, reports were filed by the Commissioners, which the District Court adopted in each instance, though the reports did not disclose the basis on which the awards were reached. One Court of Appeals affirmed, finding the awards well within the range of conflicting testimony despite a sharp evidentiary conflict as to the amount of damages. The other Court of Appeals remanded for resubmission to the Commissioners, since the reports did not indicate which evidence they credited; the degree to which the award...
Wolfsohn Vs. Hankin
Court: US Supreme Court
Decided on: Feb-24-1964
Wolfsohn v. Hankin - 376 U.S. 203 (1964) U.S. Supreme Court Wolfsohn v. Hankin, 376 U.S. 203 (1964) Wolfsohn v. Hankin No. 680 Decided February 24, 1964 376 U.S. 203 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Certiorari granted and judgment reversed. Reported below: 116 U.S.App.D.C. 127, 321 F.2d 393. PER CURIAM. The petition for writ of certiorari is granted, and the judgment is reversed. Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U. S. 215 ; Thompson v. Immigration & Naturalization Service, 375 U. S. 384 . MR. JUSTICE CLARK, whom MR. JUSTICE HARLAN, MR. JUSTICE STEWART and MR. JUSTICE WHITE join, dissenting. I have concluded that Harris Truck Lines v. Cherry Meat Packers, 371 U. S. 215 (1962), should be confined to its peculiar facts, i.e., a finding of "excusable neglect" under Rule 73(a) of the Federal Rules of Civil Procedure. I say this, although I joined Harris, becaus...
Neill Vs. Cook
Court: US Supreme Court
Decided on: Feb-24-1964
NEILL v. COOK - 376 U.S. 202 (1964) U.S. Supreme Court NEILL v. COOK, 376 U.S. 202 (1964) 376 U.S. 202 NEILL ET AL. v. COOK ET AL. APPEAL FROM THE SUPREME COURT OF TEXAS. No. 691. Decided February 24, 1964. Appeal dismissed and certiorari denied. A. B. Culbertson for appellants. Joe A. Moss for appellees. 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 writ of certiorari, certiorari is denied. DOUGHTY v. MAXWELL, 376 U.S. 202 (1964) 376 U.S. 202 (1964) "> U.S. Supreme Court DOUGHTY v. MAXWELL, 376 U.S. 202 (1964) 376 U.S. 202 DOUGHTY v. MAXWELL, WARDEN. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF OHIO. No. 422, Misc. Decided February 24, 1964. Certiorari granted and judgment reversed. Reported below: 175 Ohio St. 46, 191 N. E. 2d 727. Petitioner pro se. William B. Saxbe, Attorney General of Ohio, and William C. Baird, Assist...
United States Vs. Healy
Court: US Supreme Court
Decided on: Feb-17-1964
United States v. Healy - 376 U.S. 75 (1964) U.S. Supreme Court United States v. Healy, 376 U.S. 75 (1964) United States v. Healy No. 64 Argued January 6, 1964 Decided February 17, 1964 376 U.S. 75 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Syllabus 1. An indictment was dismissed by the District Court before trial based upon the construction of the statute upon which the indictment was founded. The Government filed notice of appeal within 30 days of the denial of the petition for rehearing, but more than 30 days after the entry of the original judgment. Under Rule 11(2) of this Court, a criminal appeal from a district court to this Court must be filed within 30 days after entry of "the judgment or order" appealed from, and appellees contended that the filing of a petition for rehearing without authorization by statute or rule cannot extend the time for appeal. Held: the timely filing of a petition for a rehearing in a criminal case, n...
Brooks Vs. Florida
Court: US Supreme Court
Decided on: Feb-17-1964
BROOKS v. FLORIDA - 376 U.S. 187 (1964) U.S. Supreme Court BROOKS v. FLORIDA, 376 U.S. 187 (1964) 376 U.S. 187 BROOKS v. FLORIDA. APPEAL FROM THE SUPREME COURT OF FLORIDA. No. 681. Decided February 17, 1964. Appeal dismissed and certiorari denied. Appellant pro se. James W. Kynes, Attorney General of Florida, and Reeves Bowen, Assistant Attorney General, for appellee. PER CURIAM. 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. PERSINGER v. WASHINGTON, 376 U.S. 187 (1964) 376 U.S. 187 (1964) "> U.S. Supreme Court PERSINGER v. WASHINGTON, 376 U.S. 187 (1964) 376 U.S. 187 PERSINGER v. WASHINGTON. APPEAL FROM THE SUPREME COURT OF WASHINGTON. No. 745, Misc. Decided February 17, 1964. Appeal dismissed and certiorari denied. Reported below: 62 Wash. 2d 362, 382 P.2d 497. Appellant pro se. James E. Kennedy for appellee. PER CURIAM. The motion to dism...
Costello Vs. Ins
Court: US Supreme Court
Decided on: Feb-17-1964
Costello v. INS - 376 U.S. 120 (1964) U.S. Supreme Court Costello v. INS, 376 U.S. 120 (1964) Costello v. Immigration and Naturalization Service No. 83 Argued December 12, 1963 Decided February 17, 1964 376 U.S. 120 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner, while a naturalized citizen, was convicted of two separate offenses involving moral turpitude. Following his subsequent denaturalization on the ground that his citizenship had been acquired by willful misrepresentation, proceedings were brought against him under 241(a)(4) of the Immigration and Nationality Act of 1952, which provides for deportation of an alien who at any time after entry "is convicted" of two crimes involving moral turpitude. He was found deportable, and the Court of Appeals dismissed his petition for review. Held: 1. The two convictions relied upon to support deportation both occurred at a time when petitioner was a naturalized citizen, and he was t...
National Ass'N, Advance., Colored People vs. Webb'S City
Court: US Supreme Court
Decided on: Feb-17-1964
NATIONAL ASS'N, ADVANCE., COLORED PEOPLE v. WEBB'S CITY - 376 U.S. 190 (1964) U.S. Supreme Court NATIONAL ASS'N, ADVANCE., COLORED PEOPLE v. WEBB'S CITY, 376 U.S. 190 (1964) 376 U.S. 190 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ET AL. v. WEBB'S CITY, INC. CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, SECOND DISTRICT. No. 362. Decided February 17, 1964. Motion to advance denied; judgment vacated; and cause remanded. Reported below: 152 So.2d 179. Robert L. Carter, Fred G. Minnis and Richard Feder for petitioners. D. M. Patrick for respondent. PER CURIAM. Petitioners' motion to advance is denied. On respondent's suggestion of mootness, the judgment of the District Court of Appeals of Florida, Second District, is vacated and the cause remanded to that court for appropriate proceedings to effectuate respondent's representation that the injunction below will be set aside, without prejudice to the right of petitioner to move to vacate today's order in...
Wright Vs. Rockefeller
Court: US Supreme Court
Decided on: Feb-17-1964
Wright v. Rockefeller - 376 U.S. 52 (1964) U.S. Supreme Court Wright v. Rockefeller, 376 U.S. 52 (1964) Wright v. Rockefeller No. 96 Argued November 19, 1963 Decided February 17, 1964 376 U.S. 52 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Appellants, voters in the four congressional districts in Manhattan Island, brought suit before a three-judge District Court challenging the constitutionality of part of New York's 1961 congressional apportionment statute. They charged that, in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment and in violation of the Fifteenth Amendment, irregularly shaped districts were drawn with racial considerations in mind, resulting in one district which excluded non-white citizens and those of Puerto Rican origin, who were largely concentrated in one of the other districts. Held: Finding of District Court that appellants had failed to show that the challenged part...
Southern Railway Co. Vs. North Carolina
Court: US Supreme Court
Decided on: Feb-17-1964
Southern Railway Co. v. North Carolina - 376 U.S. 93 (1964) U.S. Supreme Court Southern Railway Co. v. North Carolina, 376 U.S. 93 (1964) Southern Railway Co. v. North Carolina No. 74 Argued January 14-15, 1964 Decided February 17, 1964 * 376 U.S. 93 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Syllabus The Interstate Commerce Commission, under 13a(2) of the Interstate Commerce Act, authorized appellant railway company to discontinue two intrastate passenger trains, which provided the last remaining railway passenger service between two cities, having found that the service constituted an undue burden on interstate commerce and that the present or future public convenience and necessity permitted discontinuance of the service. A three-judge District Court set aside the Commission's order on the ground that the Commission had applied erroneous legal standards by not taking proper account of the freight profits on the line and the o...
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