Us Supreme Court Court June 1972 Judgments
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United States Vs. Brewster
Court: US Supreme Court
Decided on: Jun-29-1972
United States v. Brewster - 408 U.S. 501 (1972) U.S. Supreme Court United States v. Brewster, 408 U.S. 501 (1972) United States v. Brewster No. 70-45 Argued October 18, 1971 Reargued March 20, 1972 Decided June 29, 1972 408 U.S. 501 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus Appellee, a former United States Senator, was charged with the solicitation and acceptance of bribes in violation of 18 U.S.C. 201(c)(1) and 201(g). The District Court, on appellee's pretrial motion, dismissed the indictment on the ground that the Speech or Debate Clause of the Constitution shielded him "from any prosecution for alleged bribery to perform a legislative act." The United States filed a direct appeal to this Court under 18 U.S.C. 3731 (1964 ed., Supp. V), which appellee contends this Court does not have jurisdiction to entertain because the District Court's action was not "a decision or judgment setting aside, or dismissing" the indictment, but wa...
Gravel Vs. United States
Court: US Supreme Court
Decided on: Jun-29-1972
Gravel v. United States - 408 U.S. 606 (1972) U.S. Supreme Court Gravel v. United States, 408 U.S. 606 (1972) Gravel v. United States No. 71-1017 Argued April 19-20, 1972 Decided June 29, 1972 * 408 U.S. 606 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus A United States Senator read to a subcommittee from classified documents (the Pentagon Papers), which he then placed in the public record. The press reported that the Senator had arranged for private publication of the Papers. A grand jury investigating whether violations of federal law were implicated subpoenaed an aide to the Senator. The Senator, as an intervenor, moved to quash the subpoena, contending that it would violate the Speech or Debate Clause to compel the aide to testify. The District Court denied the motion, but limited the questioning of the aide. The Court of Appeals affirmed the denial, but modified the protective order, ruling that congressional aides and other persons ma...
Stewart Vs. Massachusetts
Court: US Supreme Court
Decided on: Jun-29-1972
Stewart v. Massachusetts - 408 U.S. 845 (1972) U.S. Supreme Court Stewart v. Massachusetts, 408 U.S. 845 (1972) Stewart v. Massachusetts No. 71-5446 Decided June 29, 1972 408 U.S. 845 APPEAL FROM THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus Imposition and carrying out of death penalty in this case held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments. Furman. v. Georgia, ante, p. 408 U. S. 238 . ___ Mass. ___, 270 N.E.2d 811, vacated and remanded. PER CURIAM. The appellant in this case was sentenced to death. The imposition and carrying out of that death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Furman v. Georgia, ante p. 408 U. S. 238 . The motion for leave to proceed in forma pauperis is granted. The judgment is therefore vacated insofar as it leaves undisturbed the death penalty imposed, and the case is remanded for further proceedings. ...
Perry Vs. Sindermann
Court: US Supreme Court
Decided on: Jun-29-1972
Perry v. Sindermann - 408 U.S. 593 (1972) U.S. Supreme Court Perry v. Sindermann, 408 U.S. 593 (1972) Perry v. Sindermann No. 70-36 Argued January 18, 1972 Decided June 29, 1972 408 U.S. 593 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent was employed in a state college system for 10 years, the last four as a junior college professor under a series of one-year written contracts. The Regents declined to renew his employment for the next year without giving him an explanation or prior hearing. Respondent then brought this action in the District Court, alleging that the decision not to rehire him was based on respondent's public criticism of the college administration, and thus infringed his free speech right, and that the Regents' failure to afford him a hearing violated his procedural due process right. The District Court granted summary judgment for petitioners, concluding that respondent's contract had terminated and the junior co...
Morrissey Vs. Brewer
Court: US Supreme Court
Decided on: Jun-29-1972
Morrissey v. Brewer - 408 U.S. 471 (1972) U.S. Supreme Court Morrissey v. Brewer, 408 U.S. 471 (1972) Morrissey v. Brewer No. 71-5103 Argued April 11, 1972 Decided June 29, 1972 408 U.S. 471 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioners in these habeas corpus proceedings claimed that their paroles were revoked without a hearing and that they were thereby deprived of due process. The Court of Appeals, in affirming the District Court's denial of relief, reasoned that, under controlling authorities, parole is only "a correctional device authorizing service of sentence outside a penitentiary," and concluded that a parolee, who is still "in custody," is not entitled to a full adversary hearing such as would be mandated in a criminal proceeding. Held: 1. Though parole revocation does not call for the full panoply of rights due a defendant in a criminal proceeding, a parolee's liberty involves significant values within the protectio...
Port of Portland Vs. United States
Court: US Supreme Court
Decided on: Jun-29-1972
Port of Portland v. United States - 408 U.S. 811 (1972) U.S. Supreme Court Port of Portland v. United States, 408 U.S. 811 (1972) Port of Portland v. United States No. 70-31 Argued October 20, 1971 Decided June 29, 1972 408 U.S. 811 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Syllabus The Spokane, Portland & Seattle Railway Co. (SP&S;), a subsidiary of Burlington Northern, and the Union Pacific (UP), sought Interstate Commerce Commission (ICC) approval under 5(2) of the Interstate Commerce Act of a joint acquisition of control of the Peninsula Terminal Co. (Peninsula), whose tracks provide an access route to Rivergate, an industrial complex being developed by the Port of Portland, Oregon. Peninsula would continue to operate as a separate carrier. The Milwaukee and the Southern Pacific (SP), the two other line-haul carriers serving Portland, sought inclusion as joint purchasers of Peninsula, and trackage rights linking their lines with Peninsula,...
Board of Regents of State Colleges Vs. Roth
Court: US Supreme Court
Decided on: Jun-29-1972
Board of Regents of State Colleges v. Roth - 408 U.S. 564 (1972) U.S. Supreme Court Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972) Board of Regents of State Colleges v. Roth No. 71-162 Argued January 18, 1972 Decided June 29, 1972 408 U.S. 564 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent, hired for a fixed term of one academic year to teach at a state university, was informed without explanation that he would not be rehired for the ensuing year. A statute provided that all state university teachers would be employed initially on probation, and that only after four years' continuous service would teachers achieve permanent employment "during efficiency and good behavior," with procedural protection against separation. University rules gave a nontenured teacher "dismissed" before the end of the year some opportunity for review of the "dismissal," but provided that no reason need be given for nonretention of a no...
Kleindienst Vs. Mandel
Court: US Supreme Court
Decided on: Jun-29-1972
Kleindienst v. Mandel - 408 U.S. 753 (1972) U.S. Supreme Court Kleindienst v. Mandel, 408 U.S. 753 (1972) Kleindienst v. Mandel No. 71-16 Argued April 18, 1972 Decided June 29, 1972 408 U.S. 753 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK Syllabus This action was brought to compel the Attorney General to grant a temporary nonimmigrant visa to a Belgian journalist and Marxian theoretician whom the American plaintiff appellees had invited to participate in academic conferences and discussions in this country. The alien had been found ineligible for admission under 212(a)(28)(D) and (G)(v) of the Immigration and Nationality Act of 1952, barring those who advocate or publish "the economic, international, and governmental doctrines of world communism." The Attorney General had declined to waive ineligibility as he has the power to do under 212(d) of the Act, basing his decision on unscheduled activities engaged in by the alien on a previou...
Branzburg Vs. Hayes
Court: US Supreme Court
Decided on: Jun-29-1972
Branzburg v. Hayes - 408 U.S. 665 (1972) U.S. Supreme Court Branzburg v. Hayes, 408 U.S. 665 (1972) Branzburg v. Hayes No. 70-85 Argued February 23, 1972 Decided June 29, 1972* 408 U.S. 665 CERTIORARI TO THE COURT OF APPEALS OF KENTUCKY Syllabus The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation, and therefore the Amendment does not afford him a constitutional testimonial privilege for an agreement he makes to conceal facts relevant to a grand jury's investigation of a crime or to conceal the criminal conduct of his source or evidence thereof. Pp. 408 U. S. 679 -709. No. 705, 461 S.W.2d 345, and Kentucky Court of Appeals judgment in unreported case of Branzburg v. Meigs, and No. 70-94, 358 Mass. 604, 266 N.E.2d 297, affirmed; No. 70-57, 434 F.2d 1081, reversed. WHITE, J., wrote the opinion of the Court, in which BURGER, C.J., and...
Furman Vs. Georgia
Court: US Supreme Court
Decided on: Jun-29-1972
Furman v. Georgia - 408 U.S. 238 (1972) U.S. Supreme Court Furman v. Georgia, 408 U.S. 238 (1972) Furman v. Georgia No. 69-5003 Argued January 17, 1972 Decided June 29, 1972 * 408 U.S. 238 CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus Imposition and carrying out of death penalty in these cases held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments. No. 69-5003, 225 Ga. 253, 167 S.D.2d 628; No. 69-5030, 225 Ga. 790, 171 S.D.2d 501; No. 69-5031, 447 S.W.2d 932, reversed and remanded. Page 408 U. S. 239 PER CURIAM. Petitioner in No. 69-5003 was convicted of murder in Georgia, and was sentenced to death pursuant to Ga.Code Ann. 26-1005 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E.2d 628 (1969). Petitioner in No. 69-5030 was convicted of rape in Georgia, and was sentenced to death pursuant to Ga.Code Ann. 26-1302 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 790, 171 S.D.2d 501 (1969). Petiti...