Us Supreme Court Court November 1978 Judgments
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Holt Civic Club Vs. City of Tuscaloosa
Court: US Supreme Court
Decided on: Nov-28-1978
Holt Civic Club v. City of Tuscaloosa - 439 U.S. 60 (1978) U.S. Supreme Court Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60 (1978) Holt Civic Club v. City of Tuscaloosa No. 77-515 Argued October 11, 1978 Decided November 28, 1978 439 U.S. 60 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Syllabus Appellants, a civic association and certain individual residents of Holt, Ala., a small unincorporated community outside the corporate limits of Tuscaloosa but within three miles thereof, brought this statewide class action challenging the constitutionality of "police jurisdiction" statutes that extend municipal police, sanitary, and business licensing powers over those residing within three miles of certain corporate boundaries without permitting such residents to vote in municipal elections. A three-judge District Court granted appellees' motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Held:...
Dougherty County Bd. of Educ. Vs. White
Court: US Supreme Court
Decided on: Nov-28-1978
Dougherty County Bd. of Educ. v. White - 439 U.S. 32 (1978) U.S. Supreme Court Dougherty County Bd. of Educ. v. White, 439 U.S. 32 (1978) Dougherty County Board of Education v. White No. 77-120 Argued October 2-3, 1978 Decided November 28, 1978 439 U.S. 32 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA Syllabus Shortly after appellee, a Negro employee of the Dougherty County Board of Education, announced his candidacy for the Georgia House of Representatives, the Board adopted a requirement (Rule 58) that its employees take unpaid leaves of absence while campaigning for elective political office. As a consequence of Rule 58, appellee, who sought election to the Georgia House on three occasions, was forced to take leave, and lost over $11,000 in salary. When compelled to take his third leave of absence, appellee brought this action in District Court, alleging that Rule 58 was unenforceable because it had not been precleared under 5 of the Vo...
Board of Trustees, Keene State Coll. Vs. Sweeney
Court: US Supreme Court
Decided on: Nov-13-1978
Board of Trustees, Keene State Coll. v. Sweeney - 439 U.S. 24 (1978) U.S. Supreme Court Board of Trustees, Keene State Coll. v. Sweeney, 439 U.S. 24 (1978) Board of Trustees, Keene State Coll. v. Sweeney No. 77-1792 Decided November 13, 1978 439 U.S. 24 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Where the Court of Appeals in respondent's employment discrimination action against petitioners (employer) appears to have imposed a heavier burden on the employer than Furnco Construction Co. v. Waters, 438 U. S. 567 , requires with respect to meeting the employee's prima facie case of discrimination, its judgment is vacated, and the case is remanded for reconsideration in light of Furnco. Certiorari granted; 569 F.2d 169, vacated and remanded. PER CURIAM. The petition for a writ of certiorari is granted. In Furnco Construction Co. v. Waters, 438 U. S. 567 (1978), we stated that, "[t]o dispel the adverse infer...
Presnell Vs. Georgia
Court: US Supreme Court
Decided on: Nov-06-1978
Presnell v. Georgia - 439 U.S. 14 (1978) U.S. Supreme Court Presnell v. Georgia, 439 U.S. 14 (1978) Presnell v. Georgia No. 77-6885 Decided November 6, 1978 439 U.S. 14 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus The Georgia Supreme Court's affirmance of petitioner's death sentence for murder imposed under a Georgia statute authorizing such a sentence for a capital offense committed while another capital offense is being committed, and of his conviction of kidnaping with bodily injury, is unconstitutional as violative of due process, where such affirmance was based on an underlying rape charge of which petitioner was not properly tried and convicted. Cf. Cole v. Arkansas, 333 U. S. 196 . Certiorari granted in part; 241 Ga. 49, 243 S.E.2d 496, reversed in part and remanded. PER CURIAM. Petitioner was indicted and found guilty by a jury of three capital offenses -- rape, kidnaping with bodily injury, and murder with malice aforethought. Un...
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