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Us Supreme Court Court August 1978 Judgments

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Aug 30 1978

Dayton Bd. of Ed. Vs. Brinkman

Court: US Supreme Court

Decided on: Aug-30-1978

Dayton Bd. of Ed. v. Brinkman - 439 U.S. 1358 (1978) U.S. Supreme Court Dayton Bd. of Ed. v. Brinkman, 439 U.S. 1358 (1978) Dayton Board of Education v. Brinkman No. A-212 Decided August 30, 1978 439 U.S. 1358 ON REAPPLICATION FOR STAY Syllabus Reapplication for stay, pending consideration of a petition for certiorari, of Court of Appeals' judgment and mandate ordering extensive school desegregation plan continued in Dayton, Ohio, is denied to maintain status quo in school system. MR. JUSTICE REHNQUIST. The applicant, Dayton Board of Education, has presented to me an application for stay of the judgment and mandate of the Court of Appeals for the Sixth Circuit, which has been denied by MR. JUSTICE STEWART. In his in-chambers opinion, MR JUSTICE STEWART stated: "The applicant urges that this case be stayed because it raises many of the issues presented by Columbus Board of Education v. Penick, ante p. 439 U. S. 1348 . MR. JUSTICE REHNQUIST stayed the mandate of the Si...


Aug 28 1978

Dayton Bd. of Ed. Vs. Brinkman

Court: US Supreme Court

Decided on: Aug-28-1978

Dayton Bd. of Ed. v. Brinkman - 439 U.S. 1357 (1978) U.S. Supreme Court Dayton Bd. of Ed. v. Brinkman, 439 U.S. 1357 (1978) Dayton Board of Education v. Brinkman No. A-212 Decided August 28, 1978 439 U.S. 1357 ON APPLICATION FOR STAY Syllabus Application for stay, pending consideration of a petition for certiorari, of Court of Appeals' judgment and mandate ordering an extensive school desegregation plan continued in Dayton, Ohio, is denied to preserve the status quo of the school system during this Court's consideration of the petition. Columbus Board of Education v. Penick, ante p. 439 U. S. 1348 , distinguished. MR. JUSTICE STEWART, Circuit Justice. The Dayton, Ohio, Board of Education requests that I stay execution of the judgment and mandate of the Court of Appeals for the Sixth Circuit in this case pending consideration by this Court of the Board's petition for certiorari. The judgment reversed the dismissal by the District Court of the plaintiffs' school desegre...


Aug 24 1978

United Methodist Church Vs. California Super. Ct.

Court: US Supreme Court

Decided on: Aug-24-1978

United Methodist Church v. California Super. Ct. - 439 U.S. 1355 (1978) U.S. Supreme Court United Methodist Church v. California Super. Ct., 439 U.S. 1355 (1978) General Council on Finance and Administration, United Methodist Church v. California Superior Court No. A-200 Decided August 24, 1978 439 U.S. 1355 ON APPLICATION FOR STAY Syllabus Application to stay, pending consideration of a petition for certiorari, California Superior Court proceedings in which applicant is a defendant is granted temporarily, pending receipt and consideration of a response to the application, notwithstanding inexcusable delay in filing the application. MR. JUSTICE REHNQUIST, Circuit Justice. Applicant requests that proceedings in the Superior Court of the State of California for the County of San Diego in which it is a defendant be stayed as to it pending consideration by this Court of its petition for a writ of certiorari to review the judgment of that court filed March 20, 1978. I have deci...


Aug 21 1978

Reproductive Svcs., Inc. Vs. Walker

Court: US Supreme Court

Decided on: Aug-21-1978

Reproductive Svcs., Inc. v. Walker - 439 U.S. 1354 (1978) U.S. Supreme Court Reproductive Svcs., Inc. v. Walker, 439 U.S. 1354 (1978) Reproductive Services, Inc. v. Walker No. A-1091 Decided August 21, 1978 439 U.S. 1354 ON REAPPLICATION FOR STAY Syllabus Reapplication to stay Texas Supreme Court's order denying applicant medical clinic operator's motion for a writ of mandamus directed to respondent trial judge to overturn his order that applicant produce certain medical records in a medical malpractice suit against it, is granted. It appears that an order entered by respondent after denial of the initial application for a stay does not satisfy the express condition for such denial that a "protective order" ensuring the privacy of patients at applicant's clinics be entered. MR. JUSTICE BRENNAN. On July 17, 1978, in an in-chambers opinion, I stated: "[O]n express condition that the parties agree to a protective order ensuring the privacy of patients at applicant's clinics, ...


Aug 11 1978

Columbus Bd. of Ed. Vs. Penick

Court: US Supreme Court

Decided on: Aug-11-1978

Columbus Bd. of Ed. v. Penick - 439 U.S. 1348 (1978) U.S. Supreme Court Columbus Bd. of Ed. v. Penick, 439 U.S. 1348 (1978) Columbus Board of Education v. Penick No. A-134 Decided August 11, 1978 439 U.S. 1348 ON APPLICATION FOR STAY Syllabus Application for stay, pending consideration of a petition for certiorari, of Court of Appeals' judgment and mandate affirming an extensive desegregation order for the Columbus, Ohio, public school system is granted, where it appears that such order will place severe burdens, financial and otherwise, on the school system and the community in general and that it is likely that four Justices of the Court will vote to grant certiorari. See: 583 F.2d 787. MR. JUSTICE REHNQUIST. The Columbus, Ohio, Board of Education and the Superintendent of the Columbus public schools request that I stay execution of the judgment and the mandate of the Court of Appeals for the Sixth Circuit and execution of the judgment of the United States District Cour...


Aug 11 1978

Brennan Vs. United States Postal Svc.

Court: US Supreme Court

Decided on: Aug-11-1978

Brennan v. United States Postal Svc. - 439 U.S. 1345 (1978) U.S. Supreme Court Brennan v. United States Postal Svc., 439 U.S. 1345 (1978) Brennan v. United States Postal Service No. A-152 Decided August 11, 1978 439 U.S. 1345 ON APPLICATION FOR STAY Syllabus Application for stay, pending the filing and disposition of a petition for certiorari, of Court of Appeals' judgment affirming an injunction against further operation of applicants' hand delivery mail service in violation of the Private Express Statutes is denied, where it appears unlikely that four Justices of this Court would vote to grant certiorari. MR. JUSTICE MARSHALL, Circuit Justice. Patricia H. Brennan and J. Paul Brennan have applied to me for a stay of the judgment of the Court of Appeals for the Second Circuit pending the filing and disposition by this Court of their petition for a writ of certiorari. Applicants operate a hand delivery mail service in Rochester, N.Y. The United States Postal Service (USPS) b...


Aug 08 1978

Miroyan Vs. United States

Court: US Supreme Court

Decided on: Aug-08-1978

Miroyan v. United States - 439 U.S. 1338 (1978) U.S. Supreme Court Miroyan v. United States, 439 U.S. 1338 (1978) Miroyan v. United States No. A-99 Decided August 8, 1978 * 439 U.S. 1338 ON APPLICATION FOR STAY Syllabus Applications to stay, pending the filing and disposition of a petition for certiorari, Court of Appeals' mandate issued upon affirming applicants' drug convictions against the contention that evidence obtained through the use of a "beeper" attached to an airplane used by applicants to import marihuana into the country violated applicants' rights under the Search and Seizure Clause of the Fourth Amendment is denied, where it appears unlikely that four Justices of this Court would vote to grant certiorari. MR. JUSTICE REHNQUIST, Circuit Justice. Applicants McGinnis and Miroyan seek a stay of the mandate of the United States Court of Appeals for the Ninth Circuit pending both the filing of a petition for a writ of certiorari and this Court's final disposition ...


Aug 04 1978

Truong Dinh Hung Vs. United States

Court: US Supreme Court

Decided on: Aug-04-1978

Truong Dinh Hung v. United States - 439 U.S. 1326 (1978) U.S. Supreme Court Truong Dinh Hung v. United States, 439 U.S. 1326 (1978) Truong Dinh Hung v. United States No. A-73 Decided August 4, 1978 439 U.S. 1326 ON APPLICATION FOR BAIL Syllabus Application of Vietnamese citizen for bail., pending his appeal to the Court of Appeals from his conviction for espionage and related offenses, is granted where there was insufficient basis for the District Court to revoke bail on the ground of a risk that applicant would flee from the country. MR. JUSTICE BRENNAN. This is an application [ Footnote 1 ] for bail pending appeal to the Court of Appeals for the Fourth Circuit from the conviction of applicant on May 19, 1978, following a jury trial in the United States District Court for the Eastern District of Virginia, of conspiracy to commit espionage (Count 1); conspiracy to violate laws prohibiting the unlawful conversion of Government property and the communication of classified i...


Aug 01 1978

New York Times Co. Vs. Jascalevich

Court: US Supreme Court

Decided on: Aug-01-1978

New York Times Co. v. Jascalevich - 439 U.S. 1317 (1978) U.S. Supreme Court New York Times Co. v. Jascalevich, 439 U.S. 1317 (1978) New York Times Co. v. Jascalevich No. A-111 Decided August 1, 1978 439 U.S. 1317 ON APPLICATION FOR STAY MR. JUSTICE WHITE. This is an application for a stay of an order of the Supreme Court of New Jersey refusing to stay, except temporarily to permit this application, an order of the Superior Court of New Jersey holding applicants in civil contempt for refusing to obey a subpoena for documents that was issued at the behest of the defendant in the course of an ongoing murder trial and that the Superior Court refused to quash. [ Footnote 1 ] Applicant Farber, a reporter for the New York Times, a newspaper, was committed to jail until he complied with the subpoena by submitting the requested documents for in camera inspection by the trial judge; and the New York Times Co., the corporation owning and controlling the newspaper, was ordered to pay...


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