Us Supreme Court Court October 1967 Judgments
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Beecher Vs. Alabama
Court: US Supreme Court
Decided on: Oct-23-1967
Beecher v. Alabama - 389 U.S. 35 (1967) U.S. Supreme Court Beecher v. Alabama, 389 U.S. 35 (1967) Beecher v. Alabama No. 92, Misc. Decided October 23, 1967 389 U.S. 35 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA Syllabus Petitioner, already wounded by Tennessee police, confessed to a rape-murder under gunpoint threat to do so or be killed. Five days later, with "no break in the stream of events," Clewis v. Texas, 386 U. S. 707 , 386 U. S. 710 , when still in pain in a prison hospital and under the influence of drugs, he was directed to tell Alabama investigators "what they wanted to know." He thereupon signed confessions, which were admitted into evidence over his objections at his trial. He was convicted, and the Alabama Supreme Court affirmed. Held: The use of petitioner's confessions, the product of gross coercion, violated the Due Process Clause of the Fourteenth Amendment. Certiorari granted; 280 Ala. 283, 193 So.2d 505, reversed. PER CUR...
Garber Vs. Kansas
Court: US Supreme Court
Decided on: Oct-23-1967
GARBER v. KANSAS - 389 U.S. 51 (1967) U.S. Supreme Court GARBER v. KANSAS, 389 U.S. 51 (1967) 389 U.S. 51 GARBER v. KANSAS. APPEAL FROM THE SUPREME COURT OF KANSAS. No. 393. Decided October 23, 1967. 197 Kan. 567, 419 P.2d 896, appeal dismissed and certiorari denied. Marvin M. Karpatkin, E. Dexter Galloway and Melvin L. Wulf for appellant. Robert C. Londerholm, Attorney General of Kansas, and J. Richard Foth, Assistant Attorney General, for appellee. Leo Pfeffer for the National Committee for Amish Religious Freedom, as amicus curiae, in support of appellant. 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. THE CHIEF JUSTICE, MR. JUSTICE DOUGLAS, and MR. JUSTICE FORTAS are of the opinion that probable jurisdiction should be noted. Page 389 U.S. 51, 52 ...
Mercer Vs. Hemmings
Court: US Supreme Court
Decided on: Oct-23-1967
MERCER v. HEMMINGS - 389 U.S. 46 (1967) U.S. Supreme Court MERCER v. HEMMINGS, 389 U.S. 46 (1967) 389 U.S. 46 MERCER ET AL. v. HEMMINGS ET AL. APPEAL FROM THE SUPREME COURT OF FLORIDA. No. 406. Decided October 23, 1967. 194 So.2d 579, 587, appeal dismissed. Bruce Bromley, John H. Pickering, John R. Hupper, Hervey Yancey and Victor M. Earle III for appellants. Chester Bedell for appellees. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. MR. JUSTICE STEWART is of the opinion that probable jurisdiction should be noted and the case assigned for oral argument. BENNETT v. MISSISSIPPI, 389 U.S. 46 (1967) 389 U.S. 46 (1967) "> U.S. Supreme Court BENNETT v. MISSISSIPPI, 389 U.S. 46 (1967) 389 U.S. 46 BENNETT v. MISSISSIPPI. APPEAL FROM THE SUPREME COURT OF MISSISSIPPI. No. 460. Decided October 23, 1967. 197 So.2d 886, appeal dismissed and certiorari denied. Hardy Lott and R. Cunliffe McBee for app...
Beatty Vs. United States
Court: US Supreme Court
Decided on: Oct-23-1967
BEATTY v. UNITED STATES - 389 U.S. 45 (1967) U.S. Supreme Court BEATTY v. UNITED STATES, 389 U.S. 45 (1967) 389 U.S. 45 BEATTY v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 338. Decided October 23, 1967. Certiorari granted; 377 F.2d 181 , reversed. Robert S. Vance for petitioner. Acting Solicitor General Spritzer, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States. PER CURIAM. The petition for a writ of certiorari is granted and the judgment is reversed. Massiah v. United States, 377 U.S. 201 . MR. JUSTICE HARLAN and MR. JUSTICE WHITE dissent. SAYLES v. WIEGAND, 389 U.S. 45 (1967) 389 U.S. 45 (1967) "> U.S. Supreme Court SAYLES v. WIEGAND, 389 U.S. 45 (1967) 389 U.S. 45 SAYLES v. WIEGAND, PRESIDENT, BOARD OF DIRECTORS OF METROPOLIS BUILDING ASSOCIATION, ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. No. 491. Decided Octob...
Pinto Vs. Pierce
Court: US Supreme Court
Decided on: Oct-23-1967
Pinto v. Pierce - 389 U.S. 31 (1967) U.S. Supreme Court Pinto v. Pierce, 389 U.S. 31 (1967) Pinto v. Pierce No. 284 Decided October 23, 1967 389 U.S. 31 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The Federal District Court granted respondent's petition for a writ of habeas corpus, holding that a hearing of testimony by the state trial court, in the jury's presence, regarding the voluntariness of an incriminating statement sought to be introduced by the prosecution, violated respondent's constitutional rights. The Court of Appeals affirmed. Respondent had not objected to the procedure, and, after the evidence regarding voluntariness had been heard, the court had ruled the statement voluntary. Held: Previous cases in this Court have not determined that voluntariness hearings must necessarily be held out of the jury's presence, and where, as here, respondent's counsel consented to the procedure used, and the judge f...
Central Magazine Sales, Ltd. Vs. United States
Court: US Supreme Court
Decided on: Oct-23-1967
CENTRAL MAGAZINE SALES, LTD. v. UNITED STATES - 389 U.S. 50 (1967) U.S. Supreme Court CENTRAL MAGAZINE SALES, LTD. v. UNITED STATES, 389 U.S. 50 (1967) 389 U.S. 50 CENTRAL MAGAZINE SALES, LTD. v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 368. Decided October 23, 1967. Certiorari granted; 373 F.2d 633 , reversed. Richard Lipsitz for petitioner. Solicitor General Marshall, Assistant Attorney General Vinson and Jerome M. Feit for the United States. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Fourth Circuit is reversed. Redrup v. New York, 386 U.S. 767 . MR. JUSTICE HARLAN concurs in the judgment of reversal upon the premises stated in his separate opinion in Roth v. United States, 354 U.S. 476, 496 , and in his dissenting opinion in Memoirs v. Massachusetts, 383 U.S. 413, 455 , 457. THE CHIEF JUSTICE believes this ...
Kirk Vs. Wyoming
Court: US Supreme Court
Decided on: Oct-23-1967
KIRK v. WYOMING - 389 U.S. 53 (1967) U.S. Supreme Court KIRK v. WYOMING, 389 U.S. 53 (1967) 389 U.S. 53 KIRK v. WYOMING. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF WYOMING. No. 50, Misc. Decided October 23, 1967. Certiorari granted; 421 P.2d 487, reversed and remanded. Bernard Roazen and Lawrence Speiser for petitioner. James E. Barrett, Attorney General of Wyoming, Sterling A. Case, Assistant Attorney General, Lawrence E. Johnson, Chief Special Assistant Attorney General, and Don Empfield, Special 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 reversed. Jackson v. Denno, 378 U.S. 368 ; Sims v. Georgia, 385 U.S. 538 . The case is remanded for further proceedings not inconsistent with the opinions in those cases. Jackson v. Denno, 378 U.S., at 394-396; Sims v. Georgia, 385 U.S., at 544. MR. JUSTICE BLACK dissents. Page 389 U...
Roberts Vs. Lavallee
Court: US Supreme Court
Decided on: Oct-23-1967
Roberts v. LaVallee - 389 U.S. 40 (1967) U.S. Supreme Court Roberts v. LaVallee, 389 U.S. 40 (1967) Roberts v. LaVallee No.193, Misc. Decided October 23, 1967 389 U.S. 40 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner, an indigent, was charged in the New York courts with robbery, larceny, and assault. His request for a free copy of a preliminary hearing transcript was denied. A New York statute provides for the furnishing of such a transcript for a fee. Petitioner was convicted, his conviction was affirmed, the New York Court of Appeals denied review, and this Court denied certiorari. At each proceeding, petitioner raised the constitutional issue involving denial of the transcript. His subsequent petition for habeas corpus was denied by the District Court. Thereafter, in People v. Montgomery, 18 N.Y.2d 993, 224 N.E.2d 730 (1966), the New York Court of Appeals held that the statutory requirement of payment...
Conner Vs. City of Hammond
Court: US Supreme Court
Decided on: Oct-23-1967
CONNER v. CITY OF HAMMOND - 389 U.S. 48 (1967) U.S. Supreme Court CONNER v. CITY OF HAMMOND, 389 U.S. 48 (1967) 389 U.S. 48 CONNER v. CITY OF HAMMOND. ON PETITION FOR WRIT OF CERTIORARI TO THE TWENTY-FIRST JUDICIAL DISTRICT COURT, LOUISIANA, PARISH OF TANGIPAHOA. No. 259. Decided October 23, 1967. Certiorari granted; reversed. Leonard B. Levy and Stanley Fleishman for petitioner. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Twenty-first Judicial District Court for the Parish of Tangipahoa, Louisiana, is reversed. Redrup v. New York, 386 U.S. 767 . MR. JUSTICE HARLAN would affirm the judgment of the state court upon the premises stated in his separate opinion in Roth v. United States, 354 U.S. 476, 496 , and in his dissenting opinion in Memoirs v. Massachusetts, 383 U.S. 413, 455 . MR. JUSTICE DOUGLAS took no part in the consideration or decision of this case. Page 389 U.S. 48, 49 ...
Carp Vs. Texas State Board of Examiners in Optometry
Court: US Supreme Court
Decided on: Oct-23-1967
CARP v. TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY - 389 U.S. 52 (1967) U.S. Supreme Court CARP v. TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY, 389 U.S. 52 (1967) 389 U.S. 52 CARP ET AL. v. TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY ET AL. APPEAL FROM THE SUPREME COURT OF TEXAS. No. 481. Decided October 23, 1967. 412 S. W. 2d 307, appeal dismissed and certiorari denied. Thurman Arnold, Robert E. Herzstein, Douglas E. Bergman, Quentin Keith and Price Daniel for appellants. Crawford C. Martin, Attorney General of Texas, George M. Cowden, First Assistant Attorney General, J. C. Davis and John Reeves, Assistant Attorneys General, Will Garwood and Tom Gee, Special Assistant Attorneys General, and A. J. Carubbi, Jr., for appellee Texas State Board of Examiners in Optometry, and Ellis Lyons, Bennett Boskey, Charles M. Babb and Mark Martin for other appellees. PER CURIAM. The motions to dismiss are granted and the appeal is dismissed for want of jurisdiction. Treating the papers...
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