Us Supreme Court Court April 1973 Judgments
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Tonasket Vs. Washington
Court: US Supreme Court
Decided on: Apr-24-1973
TONASKET v. WASHINGTON - 411 U.S. 451 (1973) U.S. Supreme Court TONASKET v. WASHINGTON, 411 U.S. 451 (1973) 411 U.S. 451 TONASKET v. WASHINGTON ET AL. APPEAL FROM THE SUPREME COURT OF WASHINGTON No. 71-1031. Argued December 12-13, 1972 Decided April 24, 1973 79 Wash. 2d 607, 488 P.2d 281, vacated and remanded. Robert L. Pirtle argued the cause and filed briefs for appellant. Slade Gorton, Attorney General of Washington, argued the cause for appellees. With him on the brief were Timothy R. Malone, Senior Assistant Attorney General, and William D. Dexter, Assistant Attorney General. Alvin J. Ziontz argued the cause and filed a brief for Confederated Tribes of the Colville Reservation et al. as amici curiae. * [ Footnote * ] Briefs of amici curiae urging reversal were filed by Solicitor General Griswold, Assistant Attorney General Frizzell, Harry R. Sachse, and Edmund B. Clark for the United States; by Charles A. Hobbs and Richard A. Baenen for the National Congress of Am...
United States Vs. Russell
Court: US Supreme Court
Decided on: Apr-24-1973
United States v. Russell - 411 U.S. 423 (1973) U.S. Supreme Court United States v. Russell, 411 U.S. 423 (1973) United States v. Russell No. 71-1585 Argued February 27, 1973 Decided April 24, 1973 411 U.S. 423 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus An undercover narcotics agent investigating respondent and his confederates for illicitly manufacturing a drug, offered them an essential ingredient which was difficult to obtain, though legally available. After the agent had observed the process and contributed the ingredient in return for a share of the finished product, respondent was found guilty by a jury which had been given the standard entrapment instruction. The Court of Appeals reversed, concluding that there had been "an intolerable degree of governmental participation in the criminal enterprise." Held: The entrapment defense, which, as explicated in Sorrells v. United States, 287 U. S. 435 , and Sherman v. United States, ...
Mourning Vs. Family Publications Svc., Inc.
Court: US Supreme Court
Decided on: Apr-24-1973
Mourning v. Family Publications Svc., Inc. - 411 U.S. 356 (1973) U.S. Supreme Court Mourning v. Family Publications Svc., Inc., 411 U.S. 356 (1973) Mourning v. Family Publications Service, Inc. No. 71-829 Argued November 9, 1972 Decided April 24, 1973 411 U.S. 356 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner, who contracted to purchase magazine subscriptions from respondent, brought this action in District Court, alleging that respondent had failed to comply with the disclosure provisions of the Truth in Lending Act, as implemented by Federal Reserve Board "Regulation Z." The District Court found that respondent had failed to comply with Regulation Z, in that respondent had extended credit to petitioner, payable in more than four installments, without making the disclosures required by the Act. The Court of Appeals reversed, holding that the Board had exceeded its statutory authority in issuing Regulation Z, since the regulation...
Palmore Vs. United States
Court: US Supreme Court
Decided on: Apr-24-1973
Palmore v. United States - 411 U.S. 389 (1973) U.S. Supreme Court Palmore v. United States, 411 U.S. 389 (1973) Palmore v. United States No. 72-11 Argued February 21, 1973 Decided April 24, 1973 411 U.S. 389 APPEAL FROM THE DISTRICT OF COLUMBIA COURT OF APPEALS Syllabus Palmore was convicted of a felony in violation of the District of Columbia Code by the Superior Court of the District of Columbia. The District of Columbia Court of Appeals, rejecting Palmore's contention that he was entitled to be tried by an Art. III judge with lifetime tenure and salary protection, affirmed, concluding that, under the plenary power to legislate for the District of Columbia conferred by Art. I, 8, cl. 17, of the Constitution, Congress had "constitutional power to proscribe certain criminal conduct only in the District, and to select the appropriate court, whether it is created by virtue of article III or article I, to hear and determine . . . particular criminal cases within the District....
Hensley Vs. Municipal Court
Court: US Supreme Court
Decided on: Apr-18-1973
Hensley v. Municipal Court - 411 U.S. 345 (1973) U.S. Supreme Court Hensley v. Municipal Court, 411 U.S. 345 (1973) Hensley v. Municipal Court No. 71-1428 Argued January 15, 1973 Decided April 18, 1973 411 U.S. 345 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Restraints imposed on petitioner who was released on his own recognizance constitute "custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. 2241(c)(3), 2254(a). Pp. 411 U. S. 348 -353. 453 F.2d 1252, reversed and remanded. BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed an opinion concurring in the result, post, p. 411 U. S. 353 . REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and POWELL, J., joined, post, p. 411 U. S. 354 . MR. JUSTICE BRENNAN delivered the opinion of the Court. This case requires us to determine whether a person released on his ow...
Askew Vs. American Waterways Operators, Inc.
Court: US Supreme Court
Decided on: Apr-18-1973
Askew v. American Waterways Operators, Inc. - 411 U.S. 325 (1973) U.S. Supreme Court Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973) Askew v. American Waterways Operators, Inc. No. 71-1082 Argued November 14, 1972 Decided April 18, 1973 411 U.S. 325 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Syllabus Florida Oil Spill Prevention and Pollution Control Act, providing for the State's recovery of cleanup costs and imposing strict, no-fault liability on waterfront oil-handling facilities and ships destined for or leaving such facilities for any oil-spill damage to the State or private persons, does not, in the context of this action by shipping interests to enjoin application of the Florida statute, invade a regulatory area preempted by the federal Water Quality Improvement Act, which is concerned solely with recovery of actual cleanup costs incurred by the Federal Government, and presupposes a coordinated federal-state effor...
Employees Vs. Missouri Pub. Health Dept.
Court: US Supreme Court
Decided on: Apr-18-1973
Employees v. Missouri Pub. Health Dept. - 411 U.S. 279 (1973) U.S. Supreme Court Employees v. Missouri Pub. Health Dept., 411 U.S. 279 (1973) Employees of the Department of Public Health & Welfare of Missouri v. Missouri Public Health & Welfare of Missouri No. 71-1021 Argued January 15, 1973 Decided April 18, 1973 411 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioners, employees of state health facilities, brought suit for overtime pay due them under 16(b) of the Fair Labor Standards Act (FLSA) and damages, which the District Court dismissed as being an unconsented action against the State of Missouri, and thus barred by the Eleventh Amendment. The Court of Appeals affirmed. Held: Although amendments to the FLSA in 1966 extended statutory coverage to state employees, the legislative history discloses no congressional purpose to deprive a State of its constitutional immunity to suit in a federal forum by employees of its...
Davis Vs. United States
Court: US Supreme Court
Decided on: Apr-17-1973
Davis v. United States - 411 U.S. 233 (1973) U.S. Supreme Court Davis v. United States, 411 U.S. 233 (1973) Davis v. United States No. 71-6481 Argued February 20, 1973 Decided April 17, 1973 411 U.S. 233 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Three years after his conviction for a federal crime, petitioner brought this collateral attack on the ground of unconstitutional discrimination in the composition of the grand jury that indicted him. The District Court found that, though petitioner could have done so, he at no stage of the proceedings attacked the grand jury's composition, and it concluded that, under Fed.Rule Crim.Proc. 12(b)(2), he had waived his right to do so. The court also determined that, since the challenged jury selection method had long obtained, the grand jury that indicted petitioner indicted his two white accomplices, and the case against petitioner was "a strong one," there was no "cause shown" under the rule to g...
Brown Vs. United States
Court: US Supreme Court
Decided on: Apr-17-1973
Brown v. United States - 411 U.S. 223 (1973) U.S. Supreme Court Brown v. United States, 411 U.S. 223 (1973) Brown v. United States No. 71-6193 Argued December 7, 1972 Decided April 17, 1973 411 U.S. 223 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioners were convicted of transporting and conspiring to transport stolen goods in interstate commerce to their coconspirator, whose retail store was searched under a defective warrant while petitioners were in custody in another State. The charges against petitioners were limited to acts committed before the day of the search. At a pretrial hearing on petitioners' motion to suppress evidence seized at the store, petitioners alleged no proprietary or possessory interest in the store or the goods, and the District Court denied their motion for lack of standing. At petitioners' trial, the seized goods were introduced into evidence. In addition, police testimony as to statements by petitioners i...
Tollett Vs. Henderson
Court: US Supreme Court
Decided on: Apr-17-1973
Tollett v. Henderson - 411 U.S. 258 (1973) U.S. Supreme Court Tollett v. Henderson, 411 U.S. 258 (1973) Tollett v. Henderson No. 72-95 Argued February 20, 1973 Decided April 17, 1973 411 U.S. 258 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Where a state criminal defendant, on advice of counsel, pleads guilty, he cannot, in a federal habeas corpus proceeding, raise independent claims relating to the deprivation of constitutional rights that antedated the plea, Brady v. United States, 397 U. S. 742 , such as infirmities in the grand jury selection process, but may only attack the voluntary and intelligent character of the guilty plea by showing that counsel's advice was not within the standards of McMann v. Richardson, 397 U. S. 759 . Pp. 411 U. S. 261 -269. 459 F.2d 237, reversed and remanded. REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and POWELL, JJ., joined. MARSHALL,...
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