Us Supreme Court Court February 1972 Judgments
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iowa Beef Packers, Inc. Vs. Thompson
Court: US Supreme Court
Decided on: Feb-29-1972
Iowa Beef Packers, Inc. v. Thompson - 405 U.S. 228 (1972) U.S. Supreme Court Iowa Beef Packers, Inc. v. Thompson, 405 U.S. 228 (1972) Iowa Beef Packers, Inc. v. Thompson No. 70-286 Argued January 12, 1972 Decided February 29, 1972 405 U.S. 228 CERTIORARI TO THE SUPREME COURT OF IOWA Syllabus Court's grant of certiorari to decide whether employees may sue for overtime allegedly withheld in violation of the Fair Labor Standard Act if the complaint of that violation was also subject to grievance and arbitration provisions of a collective bargaining agreement held improvidently granted in view of subsequent disclosure that those provisions did not apply to all disputes, but merely those based on violations of the agreement. 185 N.W.2d 738, certiorari dismissed as improvidently granted. PER CURIAM. Respondents brought this suit in an Iowa District Court under 16(b) of the Fair Labor Standards Act, 52 Stat. 1069, as amended, 29 U.S.C. 216(b), to recover overtime compensation ...
Monger Vs. Florida
Court: US Supreme Court
Decided on: Feb-28-1972
Monger v. Florida - 405 U.S. 958 (1972) U.S. Supreme Court Monger v. Florida, 405 U.S. 958 (1972) Monger v. Florida, 405 U.S. 958 (1972) No. 71-486 Decided February 28, 1972 405 U.S. 958 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA The petition for writ of certiorari is denied, it appearing that the judgment of the Supreme Court of Florida rests upon an adequate state ground. MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR. JUSTICE STEWART concur, dissenting. Petitioner was employed in a newsstand which sold "girlie" magazines. He was charged with the sale of two allegedly obscene magazines -- "Body Shop" and "The Erotic Cinema" -- in violation of Florida's obscenity statute [ Footnote 1 ] and, on November 3, 1970, the jury returned verdicts of guilty on both counts. On January 12, 1971, the trial court orally pronounced its judgment of guilty and imposed a sentence of either a $1,000 fine or six months' imprisonment on each count plus cost...
Bullock Vs. Carter
Court: US Supreme Court
Decided on: Feb-24-1972
Bullock v. Carter - 405 U.S. 134 (1972) U.S. Supreme Court Bullock v. Carter, 405 U.S. 134 (1972) Bullock v. Carter No. 70-128 Argued November 17, 1971 Decided February 24, 1972 405 U.S. 134 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Syllabus Appellees who sought to become candidates for local office in the Texas Democratic primary election challenged in the District Court the validity of the Texas statutory scheme which, without write-in or other alternative provisions, requires payment of fees ranging as high as $8,900. Appellees claimed that they were unable to pay the required fees, and were therefore barred from running. Under the Texas statute, the party committee estimates the total cost of the primary and apportions it among candidates according to its judgment of what is "just and equitable," in light of "the importance, emolument, and term of office." The fees for local candidates tend appreciably to exceed those for state-wide...
Smith Vs. Florida
Court: US Supreme Court
Decided on: Feb-24-1972
Smith v. Florida - 405 U.S. 172 (1972) U.S. Supreme Court Smith v. Florida, 405 U.S. 172 (1972) Smith v. Florida No. 70-5055 Argued December 8, 1971 Decided February 24, 1972 405 U.S. 172 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus Petitioners' convictions for violation of the Florida vagrancy statute for "wandering or strolling around from place to place without any lawful purpose or object" are vacated and the case is remanded for reconsideration in light of Papachristou v. City of Jacksonville, ante, p. 405 U. S. 156 . Pp. 405 U. S. 172 -173. 239 So.2d 250 vacated and remanded. DOUGLAS, J., delivered the opinion of the Court, in which all Justices joined, except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of the case. MR. JUSTICE DOUGLAS delivered the opinion of the Court. Florida's vagrancy statute [ Footnote 1 ] includes in the term "vagrants," who can be criminally charged and convicted, "persons wandering or strolli...
Papachristou Vs. City of Jacksonville
Court: US Supreme Court
Decided on: Feb-24-1972
Papachristou v. City of Jacksonville - 405 U.S. 156 (1972) U.S. Supreme Court Papachristou v. City of Jacksonville, 405 U.S. 156 (1972) Papachristou v. City of Jacksonville No. 70-5030 Argued December 8, 1971 Decided February 24, 1972 405 U.S. 156 CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT Syllabus The Jacksonville vagrancy ordinance, under which petitioners were convicted, is void for vagueness, in that it "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," it encourages arbitrary and erratic arrests and convictions, it makes criminal activities that, by modern standards, are normally innocent, and it places almost unfettered discretion in the hands of the police. Pp. 405 U. S. 161 -171. 236 So.2d 141, reversed. DOUGLAS, J., delivered the opinion of the Court, in which all Members joined except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of t...
Giglio Vs. United States
Court: US Supreme Court
Decided on: Feb-24-1972
Giglio v. United States - 405 U.S. 150 (1972) U.S. Supreme Court Giglio v. United States, 405 U.S. 150 (1972) Giglio v. United States No. 70-29 Argued October 12, 1971 Decided February 24, 1972 405 U.S. 150 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner filed a motion for a new trial on the basis of newly discovered evidence contending that the Government failed to disclose an alleged promise of leniency made to its key witness in return for his testimony. At a hearing on this motion, the Assistant United States Attorney who presented the case to the grand jury admitted that he promised the witness that he would not be prosecuted if he testified before the grand jury and at trial. The Assistant who tried the case was unaware of the promise. Held: Neither the Assistant's lack of authority nor his failure to inform his superiors and associates is controlling, and the prosecution's duty to present all material evidence to the jury...
Swarb Vs. Lennox
Court: US Supreme Court
Decided on: Feb-24-1972
Swarb v. Lennox - 405 U.S. 191 (1972) U.S. Supreme Court Swarb v. Lennox, 405 U.S. 191 (1972) Swarb v. Lennox No. 70-6 Argued November 9, 1971 Decided February 24, 1972 405 U.S. 191 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Appellants (hereafter plaintiffs), purporting to act on behalf of a class consisting of all Pennsylvania residents who signed documents containing cognovit provisions leading, or that could lead, to confessed judgments in Philadelphia, brought this action challenging the Pennsylvania system as unconstitutional on its face as violative of due process. The three-judge District Court held that: the Pennsylvania system leading to confessed judgments and execution complies with due process only if "there has been an understanding and voluntary consent of the debtor in signing the document"; plaintiffs did not sustain their burden of proof with respect to lack of valid consent in the execution of bonds and w...
D. H. Overmyer Co., Inc. Vs. Frick
Court: US Supreme Court
Decided on: Feb-24-1972
D. H. Overmyer Co., Inc. v. Frick - 405 U.S. 174 (1972) U.S. Supreme Court D. H. Overmyer Co., Inc. v. Frick, 405 U.S. 174 (1972) D. H. Overmyer Co., Inc., of Ohio v. Frick No. 69-5 Argued November 9, 1971 Decided February 24, 1972 405 U.S. 174 CERTIORARI TO THE COURT OF APPEALS OF OHIO, LUCAS COUNTY Syllabus After a corporation (Overmyer) had defaulted in its payments for equipment manufactured and being installed by respondent company (Frick), and Overmyer, under a post-contract arrangement, had made a partial cash payment and issued an installment note for the balance, Frick completed the work, which Overmyer accepted as satisfactory. Thereafter Overmyer again asked for relief and, with counsel for both corporations participating in the negotiations, the first note was replaced with a second, which contained a "cognovit" provision in conformity with Ohio law at that time whereby Overmyer consented in advance, should it default in interest or principal payments, to Frick'...
Richardson Vs. Wright
Court: US Supreme Court
Decided on: Feb-24-1972
Richardson v. Wright - 405 U.S. 208 (1972) U.S. Supreme Court Richardson v. Wright, 405 U.S. 208 (1972) Richardson v. Wright No. 70-161 Argued January 13, 1972 Decided February 24, 1972 * 405 U.S. 208 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus In light of the adoption of new regulations providing that a recipient of disability benefit payments pursuant to 225 of the Social Security Act be given notice of a proposed suspension of payments and the reasons therefor, plus an opportunity to submit rebuttal evidence, the judgment is vacated to permit reprocessing, under the new regulations, of the disputed determinations. 321 F.Supp. 383, vacated and remanded. PER CURIAM. We noted probable jurisdiction of these appeals, 404 U.S. 819 (1971), to consider the applicability of Goldberg Page 405 U. S. 209 v. Kelly, 397 U. S. 254 (1970), to the suspension and termination of disability benefit payments pursuant to 225 of the Social Secu...
Parisi Vs. Davidson
Court: US Supreme Court
Decided on: Feb-23-1972
Parisi v. Davidson - 405 U.S. 34 (1972) U.S. Supreme Court Parisi v. Davidson, 405 U.S. 34 (1972) Parisi v. Davidson No. 70-91 Argued October 19-20, 1971 Decided February 23, 1972 405 U.S. 34 CERTIORARI TO THE UNITED STATE COURT OF APPEAL FOR THE NINTH CIRCUIT Syllabus Petitioner, a member of the armed forces, applied unsuccessfully for discharge as a conscientious objector. After he had exhausted all his administrative remedies, he filed a habeas corpus petition in Federal District Court, claiming that the Army's denial of his application was without basis in fact. Thereafter court-martial charges were brought against him, and the District Court ordered consideration of the petition deferred until final determination of the court-martial proceedings. The Court of Appeals affirmed. Held: The District Court should not have stayed its hand in this case. Pp. 405 U. S. 37 -45. (a) All alternative administrative remedies have been exhausted by petitioner. Pp. 405 U. S. 37 ...
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