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Jan 25 1977

Oregon Vs. Mathiason

Court: US Supreme Court

Decided on: Jan-25-1977

Oregon v. Mathiason - 429 U.S. 492 (1977) U.S. Supreme Court Oregon v. Mathiason, 429 U.S. 492 (1977) Oregon v. Mathiason No. 76-201 Decided January 25, 1977 429 U.S. 492 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF OREGON Syllabus Where respondent, in response to a police officer's request voluntarily came to a police station for questioning about a burglary and was immediately informed that he was not under arrest, and, at the close of a half-hour interview, left the station without hindrance, respondent was not in custody "or otherwise deprived of his freedom of action in any significant way," Miranda v. Arizona, 384 U. S. 436 , 384 U. S. 444 , so as to require that his confession to the burglary obtained during such interview be suppressed at his state criminal trial because he was not given Miranda warnings prior to being questioned. Certiorari granted; 275 Ore. 1, 549 P.2d 673, reversed and remanded. PER CURIAM. Respondent Carl Mathiason was con...


Jan 25 1977

Brunswick Corp. Vs. Pueblo Bowl-o-mat, Inc.

Court: US Supreme Court

Decided on: Jan-25-1977

Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc. - 429 U.S. 477 (1977) U.S. Supreme Court Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477 (1977) Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc. No. 75-904 Argued November 3, 1976 Decided January 25, 1977 429 U.S. 477 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondents, bowling centers in three distinct markets, brought this antitrust action against petitioner, one of the two largest bowling equipment manufacturers and the largest operator of bowling centers, claiming that petitioner's acquisitions of competing bowling centers that had defaulted in payments for bowling equipment that they had purchased from petitioner might substantially lessen competition or tend to create a monopoly in violation of 7 of the Clayton Act. Respondents sought treble damages pursuant to 4 of the Act, as well as injunctive and other relief. At trial, they sought to prove that petitioner, because of its size,...


Jan 25 1977

Stanton Vs. Stanton

Court: US Supreme Court

Decided on: Jan-25-1977

Stanton v. Stanton - 429 U.S. 501 (1977) U.S. Supreme Court Stanton v. Stanton, 429 U.S. 501 (1977) Stanton v. Stanton No. 76-512 Decided January 25, 1977 429 U.S. 501 APPEAL FROM THE SUPREME COURT OF UTAH Syllabus Where the Utah Supreme Court did not comply with this Court's mandate in Stanton v. Stanton, 421 U. S. 7 , that it resolve how Utah was to eliminate discrimination between genders in Utah statute, which establishes 21 as the age of majority for males, and 18 as the age for females, as applied to a parent's obligation of child support, but instead held that the statute was constitutional as applied to females without considering the discrimination, that court's judgment is vacated and the case is again remanded for further proceedings. 552 P.2d 112, vacated and remanded. PER CURIAM. This appeal brings before us for the second time the Utah Supreme Court's construction of Utah Code Ann 15-2-1 (1973) [ Footnote 1 ] which established 21 as the age of majority ...


Jan 25 1977

United States Vs. County of Fresno

Court: US Supreme Court

Decided on: Jan-25-1977

United States v. County of Fresno - 429 U.S. 452 (1977) U.S. Supreme Court United States v. County of Fresno, 429 U.S. 452 (1977) United States v. County of Fresno No. 75-1262 Argued November 8-9, 1976 Decided January 25, 1977 * 429 U.S. 452 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT Syllabus Pursuant to California statutes authorizing counties to impose an annual use or property tax on possessory interests in improvements on tax-exempt land, appellee counties imposed a tax on the possessory interests of appellant United States Forest Service employees in housing located in national forests within the counties and owned and supplied to appellants by the Forest Service as part of their compensation. Held: The tax is not barred by the Supremacy Clause as a state tax on the Federal Government or federal property. Pp. 429 U. S. 457 -468. (a) A State may, in effect, raise revenues on the basis of property owned by the United States as long as t...


Jan 18 1977

United States Vs. Donovan

Court: US Supreme Court

Decided on: Jan-18-1977

United States v. Donovan - 429 U.S. 413 (1977) U.S. Supreme Court United States v. Donovan, 429 U.S. 413 (1977) United States v. Donovan No. 75-212 Argued October 13, 1976 Decided January 18, 1977 429 U.S. 413 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Title 18 U.S.C. 2518(1)(b)(iv), which is part of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, requires the Government to include in its wiretap applications "the identity of the person, if known, committing the offense and whose communications are to be intercepted." Section 2518(8)(d) requires the judge to whom a wiretap application is made to cause to be served on the persons named in the wiretap order or application an inventory, which must give notice of entry of the order or application, state the disposition of the application, and indicate whether communications were intercepted, and further provides that the judge may order similar notice to other parties t...


Jan 18 1977

Walsh Vs. Schlect

Court: US Supreme Court

Decided on: Jan-18-1977

Walsh v. Schlect - 429 U.S. 401 (1977) U.S. Supreme Court Walsh v. Schlect, 429 U.S. 401 (1977) Walsh v. Schlect No. 75-906 Argued November 1, 1976 Decided January 18, 1977 429 U.S. 401 CERTIORARI TO THE SUPREME COURT OF OREGON Syllabus Section 302(a)(1) of the Labor Management Relations Act prohibits agreements of employers to pay money to any representative of their employees, but 302(c)(5) and (6) exempt from this proscription agreements to pay money to trust funds jointly created and administered by trustees representing employer associations and a labor union for the purpose of providing medical or hospital care, pensions, or pooled vacations for employees of signatory employers, or to defray the costs of apprenticeship or other training programs. A collective bargaining agreement between petitioner general contractor and a carpenters' union required signatory employers to pay contributions at an aggregate rate of 96 cents per hour worked by carpenter employees to cert...


Jan 17 1977

Guste Vs. Jackson

Court: US Supreme Court

Decided on: Jan-17-1977

Guste v. Jackson - 429 U.S. 399 (1977) U.S. Supreme Court Guste v. Jackson, 429 U.S. 399 (1977) Guste v. Jackson No. 76-61 Decided January 17, 1977 429 U.S. 399 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus The District Court's injunction against enforcement of the Louisiana abortion statute is vacated insofar as it bars enforcement of the "informed consent" requirements, and the case is remanded to that court to consider the construction of such requirements, their validity in light of Planned Parenthood of Central Missouri v. Danforth, 428 U. S. 52 , 428 U. S. 65 -67, and their severability from the remainder of the statute. Vacated and remanded. PER CURIAM. A Louisiana statute * forbids performance of an abortion on a minor without her parents' consent, or her husband's consent if she is married. The United States District Court for the Eastern District of Louisiana enjoined enforcement of the statute. Its decisio...


Jan 12 1977

State Land Bd. Vs. Corvallis Sand and Gravel Co.

Court: US Supreme Court

Decided on: Jan-12-1977

State Land Bd. v. Corvallis Sand & Gravel Co. - 429 U.S. 363 (1977) U.S. Supreme Court State Land Bd. v. Corvallis Sand & Gravel Co., 429 U.S. 363 (1977) Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel Co. No. 75-567 Argued October 4, 1976 Decided January 12, 1977 * 429 U.S. 363 CERTIORARI TO THE SUPREME COURT OF OREGON Syllabus This litigation involves a dispute between the State of Oregon and an Oregon corporation over the ownership of two portions of land underlying the Willamette River, which is navigable but not an interstate boundary. The first portion has been within the riverbed since Oregon's admission into the Union, while the second portion is in an area that was not part of the riverbed at the time of Oregon's admission, but later became part of the riverbed because of changes in the river's course. In an ejectment action brought by Oregon against the corporation, which had been digging in the disputed part of the riverbed for 40 to 50 years without a l...


Jan 12 1977

G. M. Leasing Corp. Vs. United States

Court: US Supreme Court

Decided on: Jan-12-1977

G. M. Leasing Corp. v. United States - 429 U.S. 338 (1977) U.S. Supreme Court G. M. Leasing Corp. v. United States, 429 U.S. 338 (1977) G. M. Leasing Corp. v. United States No. 75-235 Argued October 4, 1976 Decided January 12, 1977 429 U.S. 338 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus The Internal Revenue Service (IRS), having investigated the income tax liability of a taxpayer who was a fugitive from justice, determined deficiencies for two taxable years, and because of the taxpayer's failure to file proper returns and his fugitive status, made jeopardy assessments pursuant to 6861(a) of the Internal Revenue Code of 1954. Petitioner corporation was determined to be the alter ego of the taxpayer. Thereafter, pursuant to a decision to levy upon and seize automobiles registered in petitioner's name in partial satisfaction of the assessments against the taxpayer, agents made warrantless seizures of several such automobiles from property ...


Jan 12 1977

Pearson Vs. Dodd

Court: US Supreme Court

Decided on: Jan-12-1977

Pearson v. Dodd - 429 U.S. 396 (1977) U.S. Supreme Court Pearson v. Dodd, 429 U.S. 396 (1977) Pearson v. Dodd No. 75-1318 Argued December 1, 1976 Decided January 12, 1977 429 U.S. 396 APPEAL FROM THE SUPREME COURT OF APPEALS OF WEST VIRGINIA Syllabus Where, under West Virginia law, absolute title to appellant's oil and gas interest in land had vested in the State at the expiration of the 18-month period after sale of the interest to the State for nonpayment of taxes, during which period appellant might have exercised but did not exercise her right to redeem, appellant has no constitutionally protected property or entitlement interest upon which she may base a challenge of constitutional deficiency in the notice provisions attending the State's subsequent sale of the interest to appellee Dodd, and hence the appeal is dismissed for want of a properly presented federal question. Appeal dismissed. Reported below: ___ W.Va. ___, 221 S. .2d 171. PER CURIAM. When appellant fail...


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