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Us Supreme Court Court December 1975 Judgments

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Dec 22 1975

Pasadena City Bd. of Ed. Vs. Spangler

Court: US Supreme Court

Decided on: Dec-22-1975

Pasadena City Bd. of Ed. v. Spangler - 423 U.S. 1335 (1975) U.S. Supreme Court Pasadena City Bd. of Ed. v. Spangler, 423 U.S. 1335 (1975) Pasadena City Board of Education v. Spangler No. A-538 Decided December 22, 1975 423 U.S. 1335 ON APPLICATION FOR STAY Syllabus Application to stay, pending disposition of appeal by Court of Appeals, the District Court's order enjoining applicant school board members' creation of a "fundamental school" is granted, where certiorari has been granted in applicants' related petition presenting the issue whether the District Court still had control over the unitary school system which has been in compliance with that court's desegregation decree for four years. MR. JUSTICE REHNQUIST, Circuit Justice. Applicants, members of the Pasadena City Board of Education, have presented to me as Circuit Justice a request to stay an order entered by the United States District Court for the Central District of California pending disposition of their appeal ...


Dec 16 1975

American Foreign Steamship Co. Vs. Matise

Court: US Supreme Court

Decided on: Dec-16-1975

American Foreign Steamship Co. v. Matise - 423 U.S. 150 (1975) U.S. Supreme Court American Foreign Steamship Co. v. Matise, 423 U.S. 150 (1975) American Foreign Steamship Co. v. Matise No. 74-966 Argued October 14, 1975 Decided December 16, 1975 423 U.S. 150 CERTIORARI TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT Syllabus Respondent's decedent, a seaman, was discharged for misconduct from petitioner's ship while it was docked in South Vietnam. Because of South Vietnamese currency regulations and other complications precluding paying the seaman in American currency the wages due him that he had earned prior to his discharge, petitioner purchased for him an airline ticket to the United States for $510, and this ticket, together with a wage voucher for $118.5, representing wages due less the $510, were given to him. When the seaman arrived back in the United States, he received the $118.45. Subsequently he sued petitioner, claiming that it had withheld $510 in wa...


Dec 10 1975

WeinsteIn Vs. Bradford

Court: US Supreme Court

Decided on: Dec-10-1975

Weinstein v. Bradford - 423 U.S. 147 (1975) U.S. Supreme Court Weinstein v. Bradford, 423 U.S. 147 (1975) Weinstein v. Bradford No. 74-1287 Decided December 10, 1975 423 U.S. 147 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Where respondent was paroled after the Court of Appeals upheld his claim in his action against petitioner parole board members that he was constitutionally entitled to certain procedural rights in connection with petitioners' consideration of his eligibility for parole, the case is moot, and does not present an issue "capable of repetition, yet evading review," since the action is not a class action and there is no demonstrated probability that respondent will again be subjected to the parole system. Super Tire Engineering Co. v. McCorkle, 416 U. S. 115 , distinguished. 519 F.2d 728, vacated and remanded. PER CURIAM. Respondent Bradford sued petitioner members of the North Carolina Board of Parole in the United St...


Dec 09 1975

Michigan Vs. Moseley

Court: US Supreme Court

Decided on: Dec-09-1975

Michigan v. Moseley - 423 U.S. 96 (1975) U.S. Supreme Court Michigan v. Moseley, 423 U.S. 96 (1975) Michigan v. Moseley No. 74-653 Argued October 6, 1975 Decided December 9, 1975 423 U.S. 96 CERTIORARI TO THE COURT OF APPEALS OF MICHIGAN Syllabus Respondent, who had been arrested in connection with certain robberies and advised by a detective in accordance with Miranda v. Arizona, 384 U. S. 436 , that he was not obliged to answer any questions and that he could remain silent if he wished, and having made oral and written acknowledgment of the Miranda warnings, declined to discuss the robberies, whereupon the detective ceased the interrogation. More than two hours later, after giving Miranda warnings, another detective questioned respondent solely about an unrelated murder. Respondent made an inculpatory statement, which was later used in his trial for murder, which resulted in his conviction. The appellate court reversed on the ground that Miranda mandated a cessati...


Dec 09 1975

United States Vs. Moore

Court: US Supreme Court

Decided on: Dec-09-1975

United States v. Moore - 423 U.S. 122 (1975) U.S. Supreme Court United States v. Moore, 423 U.S. 122 (1975) United States v. Moore No. 74-759 Argued October 7, 1975 Decided December 9, 1975 423 U.S. 122 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondent, a licensed physician registered under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., was convicted of knowing and unlawful distribution and dispensation of methadone (a controlled substance or addictive drug used in the treatment of heroin addicts) in violation of 21 U.S.C. 841(a)(1), which makes it unlawful for "any person" knowingly or intentionally to distribute or dispense a controlled substance, except as authorized by the CSA. The evidence disclosed that respondent prescribed large quantities of methadone for patients without giving them adequate physical examinations or specific instructions for its use and charged fees according to the quantity ...


Dec 02 1975

United States Vs. Powell

Court: US Supreme Court

Decided on: Dec-02-1975

United States v. Powell - 423 U.S. 87 (1975) U.S. Supreme Court United States v. Powell, 423 U.S. 87 (1973) United States v. Powell No. 74-884 Argued October 6, 1975 Decided December 2, 1975 423 U.S. 87 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent was convicted of violating 18 U.S.C. 1715, which proscribes mailing pistols, revolvers, and "other firearms capable of being concealed on the person," by having sent a 22-inch sawed-off shotgun through the mails. There was evidence at the trial that the gun could be concealed on an average person. The Court of Appeals reversed, holding that the quoted portion of 1715 was so vague as to violate due process. In addition to the constitutional claim respondent contends that, as a matter of statutory construction, particularly in light of the ejusdem generis doctrine, the quoted portion does not embrace sawed-off shotguns. Held: 1. The narrow reading of the statute urged by respondent...


Dec 02 1975

United States Vs. Moore

Court: US Supreme Court

Decided on: Dec-02-1975

United States v. Moore - 423 U.S. 77 (1975) U.S. Supreme Court United States v. Moore, 423 U.S. 77 (1975) United States v. Moore No. 74-687 Argued October 15, 1975 Decided December 2, 1975 423 U.S. 77 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Obligations of an insolvent debtor arising from default in the performance of government contracts, occurring before an assignment for the benefit of creditors held entitled to the statutory priority accorded "debts due to the United States" under 31 U.S.C. 191, even though the obligations were unliquidated in amount at the time of the assignment. Pp. 423 U. S. 80 -86. (a) Nothing on the face of 191, and no potential difficulty in administering it, require any distinction between liquidated and unliquidated debts for purpose of the statutory priority; the statute's language looks to the time of payment, rather than the time when the assignment is made. P. 423 U. S. 83 . (b) To construe the ...


Dec 01 1975

Texas Vs. White

Court: US Supreme Court

Decided on: Dec-01-1975

Texas v. White - 423 U.S. 67 (1975) U.S. Supreme Court Texas v. White, 423 U.S. 67 (1975) Texas v. White No. 75-124 Decided December 1, 1975 423 U.S. 67 ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Syllabus Where police officers had probable cause to search respondent's automobile at the scene immediately after arresting him for attempting to pass fraudulent checks at a bank drive-in window, such probable cause still obtained shortly thereafter at the station house to which the automobile had been taken so that the officers could constitutionally search the automobile there without a warrant, Chambers v. Maroney, 399 U. S. 42 ; hence, incriminating checks seized during the search were admissible in evidence at respondent's trial. Certiorari granted; 521 S.W.2d 255, reversed and remanded. PER CURIAM. Respondent was arrested at 1:30 p.m. by Amarillo, Tex., police officers while attempting to pass fraudulent checks at a drive-in window of t...


Dec 01 1975

Dillingham Vs. United States

Court: US Supreme Court

Decided on: Dec-01-1975

Dillingham v. United States - 423 U.S. 64 (1975) U.S. Supreme Court Dillingham v. United States, 423 U.S. 64 (1975) Dillingham v. United States No. 74-6738 Decided December 1, 1975 423 U.S. 64 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A 22-month delay between petitioner's arrest and indictment for federal offenses held required to be counted in assessing his claim that he was denied a speedy trial in violation of the Sixth Amendment. United States v. Marion, 404 U. S. 307 , distinguished. Certiorari granted; 502 F.2d 1233, reversed and remanded. PER CURIAM. An interval of 22 months elapsed between petitioner's arrest and indictment, and a further period of 12 months between his indictment and trial, upon charges of automobile theft in violation of 18 U.S.C. 371, 2312, and 2313. The District Court for the Northern District of Georgia denied petitioner's motions -- made immediately after arraignment and post-...


Dec 01 1975

Bray Vs. United States

Court: US Supreme Court

Decided on: Dec-01-1975

Bray v. United States - 423 U.S. 73 (1975) U.S. Supreme Court Bray v. United States, 423 U.S. 73 (1975) Bray v. United States No. 75-5182 Decided December 1, 1975 423 U.S. 73 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Petitioner's conviction of criminal contempt under 18 U.S.C. 401 for refusing to testify and to produce business records subpoenaed by the Internal Revenue Service in connection with an inquiry into possible violations of the Economic Stabilization Act of 1970 (Act) was a final decision of the District Court appealable to the Court of Appeals, and petitioner's appeal was not within the exclusive jurisdiction of the Temporary Emergency Court of Appeals (TECA). Rather than "arising under" the Act within the meaning of 211(b)(2) thereof, vesting the TECA with exclusive jurisdiction of all appeals from district courts "in cases and controversies arising under" the Act, the criminal contempt charge initi...


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