Us Supreme Court Court March 1971 Judgments
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Whiteley Vs. Warden
Court: US Supreme Court
Decided on: Mar-29-1971
Whiteley v. Warden - 401 U.S. 560 (1971) U.S. Supreme Court Whiteley v. Warden, 401 U.S. 560 (1971) Whiteley v. Warden No. 136 Argued January 13, 1971 Decided March 29, 1971 401 U.S. 560 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus A sheriff, acting on a tip, made a complaint before a magistrate charging that petitioner and another individual on the date and at the place named "did then and there unlawfully break and enter into [the described] locked . . . building," and a warrant was issued. A police radio bulletin named and described the two persons, the type of car they were probably driving, and the amount and type of money taken. Relying on the bulletin, an officer in another county made a warrantless arrest of the suspects. The car was then searched and various incriminating items removed, which were later used at petitioner's trial, which resulted in his conviction. Petitioner filed a habeas corpus petition reiterating the challenge...
Labine Vs. Vincent
Court: US Supreme Court
Decided on: Mar-29-1971
Labine v. Vincent - 401 U.S. 532 (1971) U.S. Supreme Court Labine v. Vincent, 401 U.S. 532 (1971) Labine v. Vincent No. 5257 Argued January 19, 1971 Decided March 29, 1971 401 U.S. 532 APPEAL FROM THE SUPREME COURT OF LOUISIANA Syllabus Ezra Vincent died intestate, survived by only collateral relations and an illegitimate daughter, whose guardian (appellant) sued to have her declared Vincent's sole heir. The trial court ruled that, under Louisiana law, the collateral relations took the decedent's property to the exclusion of the daughter, who had been acknowledged by her father but not legitimated. The Louisiana Court of Appeal affirmed. The State Supreme Court denied certiorari. Appellant, relying on Levy v. Louisiana, 391 U. S. 68 , contends that Louisiana's intestate succession laws that bar an illegitimate child from sharing equally with legitimate children in the father's estate constitute an invidious discrimination violative of the Due Process and Equal Protection ...
United States Vs. District Ct. for Water Div. No. 5
Court: US Supreme Court
Decided on: Mar-24-1971
United States v. District Ct. for Water Div. No. 5 - 401 U.S. 527 (1971) U.S. Supreme Court United States v. District Ct. for Water Div. No. 5, 401 U.S. 527 (1971) United States v. District Court in and for Water Div. No. 5 No. 812 Argued March 2, 1971 Decided March 24, 1971 401 U.S. 527 CERTIORARI TO THE SUPREME COURT OF COLORADO Syllabus In this companion case to U.S. v. District Court for Eagle County, ante, p. 401 U. S. 520 , the United States had been served with notice pursuant to 43 U.S.C. 666 of a proceeding in state court for the adjudication of water rights affecting areas of the State in the drainage basins of the Colorado River system. In addition to its claim that 666 does not apply to state court suits against the Government for adjudication of its reserved water rights, the Government contended that the state statutory proceedings involved in this case, which contemplated monthly proceedings before a water referee on water rights applications filed withi...
United States Vs. District Court for Eagle County
Court: US Supreme Court
Decided on: Mar-24-1971
United States v. District Court for Eagle County - 401 U.S. 520 (1971) U.S. Supreme Court United States v. District Court for Eagle County, 401 U.S. 520 (1971) United States v. District Court in and for the County of Eagle No. 87 Argued March 2, 1971 Decided March 24, 1971 401 U.S. 520 CERTIORARI TO THE SUPREME COURT OF COLORADO Syllabus This case arises from the attempted joinder pursuant to 43 U.S.C. 666 of the United States as a defendant in a proceeding in state court for the adjudication of water rights covering the Eagle River system in Colorado. Under 666(a), "[c]onsent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States [owns] or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise. . . ." The United States contended ...
Radich Vs. New York
Court: US Supreme Court
Decided on: Mar-24-1971
RADICH v. NEW YORK - 401 U.S. 531 (1971) U.S. Supreme Court RADICH v. NEW YORK, 401 U.S. 531 (1971) 401 U.S. 531 RADICH v. NEW YORK APPEAL FROM THE COURT OF APPEALS OF NEW YORK No. 169. Argued February 22, 1971 Decided March 24, 1971 26 N. Y. 2d 114, 257 N. E. 2d 30, affirmed by an equally divided Court. Richard G. Green argued the cause for appellant. With him on the briefs were Shirley Fingerhood and Melvin L. Wulf. Michael R. Juviler argued the cause for appellee. With him on the brief were Frank S. Hogan and William C. Donnino. John B. Hightower et al. filed a brief as amicus curiae urging reversal. Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Maria L. Marcus, Assistant Attorney General, filed a brief for the Attorney General of New York as amicus curiae urging affirmance. PER CURIAM. The judgment is affirmed by an equally divided Court. MR. JUSTICE DOUGLAS took no part in the consideration or decision of...
United States Vs. Randall
Court: US Supreme Court
Decided on: Mar-24-1971
United States v. Randall - 401 U.S. 513 (1971) U.S. Supreme Court United States v. Randall, 401 U.S. 513 (1971) United States v. Randall No. 125 Argued February 22, 1971 Decided March 24, 1971 401 U.S. 513 CERTIORARI TO THE UNITED STATE COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus The debtor corporation, kept in possession of its business by court order under Chapter XI of the Bankruptcy Act, did not comply with requirements that it deposit withheld taxes in a special tax account. It was later adjudicated a bankrupt, and the United States asked the bankruptcy court to pay the amount of withheld taxes prior to payment of costs and expenses of the bankruptcy proceedings, pursuant to 26 U.S.C. 7501(a), which provides that the amount of withheld taxes "shall be held to be a special fund in trust for the United States." The referee denied the request, and the District Court and the Court of Appeals agreed. Held: Section 64(a)(1) of the Bankruptcy Act, which is an overri...
Ohio Vs. Wyandotte Chemicals Corp.
Court: US Supreme Court
Decided on: Mar-23-1971
Ohio v. Wyandotte Chemicals Corp. - 401 U.S. 493 (1971) U.S. Supreme Court Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971) Ohio v. Wyandotte Chemicals Corp. No. 41, Orig. Argued January 18, 1971 Decided March 23, 1971 401 U.S. 493 MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Syllabus The State of Ohio filed a motion for leave to file a bill of complaint invoking the Court's original jurisdiction against defendant companies, incorporated in Michigan, Delaware, and Canada, to abate an alleged nuisance resulting in the contamination and pollution of Lake Erie from the dumping of mercury into its tributaries. The Court declines to exercise its jurisdiction in this case since the issues are bottomed on local law that the Ohio courts are competent to consider; several national and international bodies are actively concerned with the pollution problems involved here; and the nature of the case requires the resolution of complex, novel, and technical factual questions that do n...
Schlanger Vs. Seamans
Court: US Supreme Court
Decided on: Mar-23-1971
Schlanger v. Seamans - 401 U.S. 487 (1971) U.S. Supreme Court Schlanger v. Seamans, 401 U.S. 487 (1971) Schlanger v. Seamans No. 5481 Argued February 22, 1971 Decided March 23, 1971 401 U.S. 487 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The District Court for the District of Arizona did not have jurisdiction to entertain a habeas corpus application by an Air Force enlisted man in Arizona on temporary duty orders, as no custodian, neither the commanding officer at Moody Air Force Base in Georgia nor anyone in the chain of command, was a resident of Arizona. Pp. 401 U. S. 488 -492. Affirmed. DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. HARLAN, J., concurred in the result. STEWART, J., dissented. MR. JUSTICE DOUGLAS delivered the opinion of the Court. The sole question in this case is whether the District Court for the District of Arizona had j...
Mine Workers Vs. Railing
Court: US Supreme Court
Decided on: Mar-22-1971
Mine Workers v. Railing - 401 U.S. 486 (1971) U.S. Supreme Court Mine Workers v. Railing, 401 U.S. 486 (1971) Mine Workers v. Railing No. 1059 Decided March 22, 1971 401 U.S. 486 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Case remanded for further consideration, in light of Zenith Radio Corp. v. Hazeltine Research, ante, p. 401 U. S. 321 , of questions involving accrual of causes of action under 303 of the Labor Management Relations Act and 4 of the Clayton Act. Certiorari granted; 429 F.2d 780, vacated and remanded. PER CURIAM. The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the Court of Appeals for further consideration in light of Zenith Radio Corp. v. Hazeltine Research, Inc., ante, p. 401 U. S. 321 . Both 303 of the Labor Management Relations Act, 1947, 61 Stat. 158, as amended, 29 U.S.C. 187, and 4 of the Clayton Act, 38 Stat. 731, as ame...
Grove Press, Vs. Maryland State Board of Censors
Court: US Supreme Court
Decided on: Mar-08-1971
GROVE PRESS, v. MARYLAND STATE BOARD OF CENSORS - 401 U.S. 480 (1971) U.S. Supreme Court GROVE PRESS, v. MARYLAND STATE BOARD OF CENSORS, 401 U.S. 480 (1971) 401 U.S. 480 GROVE PRESS, INC., ET AL. v. MARYLAND STATE BOARD OF CENSORS APPEAL FROM THE COURT OF APPEALS OF MARYLAND No. 63. Argued November 10, 1970 Decided March 8, 1971 255 Md. 297, 258 A. 2d 240, affirmed by an equally divided Court. Edward de Grazia argued the cause for appellants. With him on the brief were Nathan Lewin, Arnold M. Weiner, and Alan M. Dershowitz. Francis B. Burch, Attorney General of Maryland, argued the cause for appellee. With him on the brief was Thomas N. Biddison, Jr., Assistant Attorney General. Briefs of amici curiae urging reversal were filed by Felix J. Bilgrey for the International Film Importers & Distributors of America, Inc.; by Louis Nizer for the Motion Picture Association of America, Inc.; by Leon Friedman and Lester Pollack for the National Association of Theater Owners, In...
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