Us Supreme Court Court May 1978 Judgments
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Michigan Vs. Tyler
Court: US Supreme Court
Decided on: May-31-1978
Michigan v. Tyler - 436 U.S. 499 (1978) U.S. Supreme Court Michigan v. Tyler, 436 U.S. 499 (1978) Michigan v. Tyler No. 76-1608 Argued January 10, 1978 Decided May 31, 1978 436 U.S. 499 CERTIORARI TO THE SUPREME COURT OF MICHIGAN Syllabus Shortly before midnight on January 21, 1970, a fire broke out in respondents' furniture store, to which the local fire department responded. When the fire chief arrived at about 2 am., as the smoldering embers were being doused, the discovery of plastic containers of flammable liquid was reported to him, and after he had entered the building to examine the containers, he summoned a police detective to investigate possible arson. The detective took several pictures but ceased further investigation because of the smoke and steam. By 4 a.m., the fire had been extinguished, and the firefighters departed. The fire chief and detective removed the containers and left. At 8 a.m., the chief and his assistant returned for a cursory examination of the...
Robertson Vs. Wegmann
Court: US Supreme Court
Decided on: May-31-1978
Robertson v. Wegmann - 436 U.S. 584 (1978) U.S. Supreme Court Robertson v. Wegmann, 436 U.S. 584 (1978) Robertson v. Wegmann No. 77-178 Argued March 21, 1978 Decided May 31, 1978 436 U.S. 584 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus One Shaw filed an action for damages and injunctive relief under 42 U.S.C. 1983 against petitioner and others, claiming that they had deprived him of his constitutional rights. Upon the death of Shaw before trial, respondent executor of his estate was substituted as plaintiff. Petitioner and the other defendants filed a motion to dismiss on the ground that Shaw's death abated the action. The District Court denied the motion. The court held that the applicable survivorship rule was governed by 42 U.S.C. 1988, which provides that the jurisdiction conferred on district courts for the protection of civil rights shall be exercised conformably with federal laws so far as such laws are suitable, "but in all cas...
Zurcher Vs. Stanford Daily
Court: US Supreme Court
Decided on: May-31-1978
Zurcher v. Stanford Daily - 436 U.S. 547 (1978) U.S. Supreme Court Zurcher v. Stanford Daily, 436 U.S. 547 (1978) Zurcher v. Stanford Daily No. 76-1484 Argued January 17, 1978 Decided May 31, 1978 * 436 U.S. 547 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondents, a student newspaper that had published articles and photographs of a clash between demonstrators and police at a hospital, and staff members, brought this action under 42 U.S.C. 1983 against, among others, petitioners, law enforcement and district attorney personnel, claiming that a search pursuant to a warrant issued on a judge's finding of probable cause that the newspaper (which was not involved in the unlawful acts) possessed photographs and negatives revealing the identities of demonstrators who had assaulted police officers at the hospital had deprived respondents of their constitutional rights. The District Court granted declaratory relief, holding that the Fourth A...
California Vs. Southland Royalty Co.
Court: US Supreme Court
Decided on: May-31-1978
California v. Southland Royalty Co. - 436 U.S. 519 (1978) U.S. Supreme Court California v. Southland Royalty Co., 436 U.S. 519 (1978) California v. Southland Royalty Co. No. 76-1114 Argued December 7, 1977 Reargued April 17, 1978 Decided May 31, 1978 * 436 U.S. 519 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In 1925, Gulf Oil Corp. executed a lease under which it paid royalties for the exclusive right to produce and market oil and gas from certain land for 50 years. Thereafter, the lessors sold their mineral fee interest to respondents. In 1951, Gulf contracted to sell casinghead gas from the leased property to petitioner El Paso Natural Gas Co., an interstate pipeline. Subsequently, Gulf obtained from the Federal Power Commission a certificate of public convenience and necessity of unlimited duration authorizing the service to El Paso. When Gulf's original lease expired in 1975, its interest as lessee in the remaining gas reserves term...
Andrus Vs. Charlestone Stone Products Co.
Court: US Supreme Court
Decided on: May-31-1978
Andrus v. Charlestone Stone Products Co. - 436 U.S. 604 (1978) U.S. Supreme Court Andrus v. Charlestone Stone Products Co., 436 U.S. 604 (1978) Andrus v. Charlestone Stone Products Co., No. 77-380 Argued April 18, 1978 Decided May 31, 1978 436 U.S. 604 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The basic federal mining statute, 30 U.S.C. 22, which derives from an 1872 law, provides that "all valuable mineral deposits in lands belonging to the United States . . . shall be free and open to exploration and purchase." Respondent, after purchasing a. number of mining claims, discovered water on one of them (Claim 22) and used the water to prepare for commercial sale the sand and gravel removed from the claims. On review of unfavorable administrative decisions against respondent's claims in proceedings challenging their validity, the District Court held, inter alia, that respondent was entitled to access to Claim 22's water, and the Court o...
General Atomic Co. Vs. Felter
Court: US Supreme Court
Decided on: May-30-1978
General Atomic Co. v. Felter - 436 U.S. 493 (1978) U.S. Supreme Court General Atomic Co. v. Felter, 436 U.S. 493 (1978) General Atomic Co. v. Felter No. 77-1237 Decided May 30, 1978 436 U.S. 493 ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS Syllabus In General Atomic Co. v. Felter, 434 U. S. 12 , it was held that a New Mexico state court, under the Supremacy Clause of the Constitution, lacked power to enjoin petitioner from filing and prosecuting in personam actions in federal court relating to the subject matter of the state suit or to interfere with petitioner's efforts to obtain arbitration in federal forums on the ground that petitioner is not entitled to arbitration or for any reason whatsoever. Nevertheless, the New Mexico court, on remand, issued orders staying federal arbitration proceedings demanded by petitioner on the ground, inter alia, that petitioner had waived any right to arbitration because its demand therefor was untimely. Held: Under t...
Taylor Vs. Kentucky
Court: US Supreme Court
Decided on: May-30-1978
Taylor v. Kentucky - 436 U.S. 478 (1978) U.S. Supreme Court Taylor v. Kentucky, 436 U.S. 478 (1978) Taylor v. Kentucky No. 77-5549 Argued March 27, 1978 Decided May 30, 1978 436 U.S. 478 CERTIORARI TO THE COURT OF APPEAL OF KENTUCKY Syllabus At petitioner's Kentucky state robbery trial, which resulted in his conviction, the trial court instructed the jury as to the prosecutor's burden of proof beyond a reasonable doubt but refused, inter alia, petitioner's requested instruction on the presumption of innocence. The robbery victim was the prosecution's only witness, and petitioner was the sole defense witness. The prosecutor, in his opening statement, related the circumstances of petitioner's arrest and indictment. In his closing statement, the prosecutor made observations suggesting that petitioner's status as a defendant tended to establish his guilt. The Kentucky Court of Appeals affirmed the conviction, rejecting petitioner's argument that he was entitled to the requeste...
In Re Primus
Court: US Supreme Court
Decided on: May-30-1978
In re Primus - 436 U.S. 412 (1978) U.S. Supreme Court In re Primus, 436 U.S. 412 (1978) In re Primus No. 77-56 Argued January 16, 1978 Decided May 30, 1978 436 U.S. 412 APPEAL FROM THE SUPREME COURT OF SOUTH CAROLINA Syllabus Appellant, a practicing lawyer in South Carolina who was also a cooperating lawyer with a branch of the American Civil Liberties Union (ACLU), after advising a gathering of women of their legal rights resulting from their having been sterilized as a condition of receiving public medical assistance, informed one of the women in a subsequent letter that free legal assistance was available from the ACLU. Thereafter, the disciplinary Board of the South Carolina Supreme Court charged and determined that appellant, by sending such letter, had engaged in soliciting a client in violation of certain Disciplinary Rules of the State Supreme Court, and issued a private reprimand. The court adopted the Board's findings and increased the sanction to a public repriman...
Ohralik Vs. Ohio State Bar Assn.
Court: US Supreme Court
Decided on: May-30-1978
Ohralik v. Ohio State Bar Assn. - 436 U.S. 447 (1978) U.S. Supreme Court Ohralik v. Ohio State Bar Assn., 436 U.S. 447 (1978) Ohralik v. Ohio State Bar Assn. No. 76-1650 Argued January 16, 1978 Decided May 30, 1978 436 U.S. 447 APPEAL FROM THE SUPREME COURT OF OHIO Syllabus Appellant, an Ohio lawyer, contacted the parents of one of the drivers injured in an automobile accident after hearing about the accident from another source, and learned that the 18-year-old daughter was hospitalized. He then approached the daughter at the hospital and offered to represent her. After another visit with her parents, he again visited the accident victim in her hospital room, where she signed a contingent fee agreement. In the meantime, appellant approached the driver's 18-year-old female passenger -- who also had been injured -- at her home on the day she was released from the hospital; she agreed orally to a contingent fee arrangement. Eventually, both young women discharged appellant as ...
United States Vs. Mauro
Court: US Supreme Court
Decided on: May-23-1978
United States v. Mauro - 436 U.S. 340 (1978) U.S. Supreme Court United States v. Mauro, 436 U.S. 340 (1978) United States v. Mauro No. 76-1596 Argued February 27, 1978 Decided May 23, 1978 * 436 U.S. 340 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After respondents in No. 76-1596, who at the time were serving state sentences in New York, were indicted on federal charges in the United States District Court for the Eastern District of New York, that court issued writs of habeas corpus ad prosequendum directing the state prison wardens to produce respondents in court. Subsequently, following their arraignments, respondents were retained in federal custody in New York City, but after trial dates had been set, they were returned to state prison. Respondents then moved for dismissal of their indictments on the ground that the United States, by returning them to state custody without first trying them on the federal charges, violated Art IV(...
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