Us Supreme Court Court May 1979 Judgments
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Greenholtz Vs. Inmates of Nebraska Penal Complex
Court: US Supreme Court
Decided on: May-29-1979
Greenholtz v. Inmates of Nebraska Penal Complex - 442 U.S. 1 (1979) U.S. Supreme Court Greenholtz v. Inmates of Nebraska Penal Complex, 442 U.S. 1 (1979) Greenholtz v. Inmates of Nebraska Penal and Correctional Complex No. 78-201 Argued January 17, 1979 Decided May 29, 1979 442 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under Nebraska statutes, a prison inmate becomes eligible for discretionary parole when his minimum term, less good-time credits, has been served. Hearings are conducted in two stages to determine whether to grant or deny parole: initial review hearings and final parole hearings. Initial review hearings must be held at least once a year for every inmate. At the first stage, the Board of Parole examines the inmate's preconfinement and postconfinement record, and holds an informal hearing; the Board interviews the inmate and considers any letters or statements presented in support of a claim for release. If the Boar...
Green Vs. Georgia
Court: US Supreme Court
Decided on: May-29-1979
Green v. Georgia - 442 U.S. 95 (1979) U.S. Supreme Court Green v. Georgia, 442 U.S. 95 (1979) Green v. Georgia No. 78-5944 Decided May 29, 1979 442 U.S. 95 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus Petitioner, who was indicted with one Moore for rape and murder, was tried separately in a Georgia state court. After the jury determined that petitioner was guilty of murder, a second proceeding was held to decide whether capital punishment would be imposed, and petitioner attempted to introduce the testimony of a third person, who had testified for the State at Moore's earlier trial (wherein Moore was convicted of both crimes and sentenced to death), to the effect that Moore had confided to the witness that Moore had killed the victim, shooting her twice after ordering petitioner to run an errand. The trial court refused to admit the testimony, ruling that it constituted inadmissible hearsay under Georgia law. The petitioner was sentenced to dea...
Parker Vs. Randolph
Court: US Supreme Court
Decided on: May-29-1979
Parker v. Randolph - 442 U.S. 62 (1979) U.S. Supreme Court Parker v. Randolph, 442 U.S. 62 (1979) Parker v. Randolph No. 78-99 Argued March 20, 1979 Decided May 29, 1979 442 U.S. 62 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Respondents were convicted, after a joint trial in a Tennessee court, of murder committed during the commission of a robbery. None of the respondents took the witness stand, and their oral confessions, found by the trial court to have been freely and voluntarily given, were admitted into evidence through police officers' testimony. Respondent Pickens' written confession was also admitted into evidence over his objection that it had been obtained in violation of his rights under Miranda v. Arizona, 384 U. S. 436 . The trial court instructed the jury that each confession could be used only against the defendant who gave it and could not be considered as evidence of a codefendant's guilt. Ultimately, the Tennessee Su...
ibew Vs. Foust
Court: US Supreme Court
Decided on: May-29-1979
IBEW v. Foust - 442 U.S. 42 (1979) U.S. Supreme Court IBEW v. Foust, 442 U.S. 42 (1979) International Brotherhood of Electrical Workers v. Foust No. 78-38 Argued February 26, 1979 Decided May 29, 1979 442 U.S. 42 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondent was discharged by his employer, the Union Pacific Railroad Co., for failing properly to request an extension of his medical leave of absence. Petitioner union filed a grievance on respondent's behalf two days after the time for submission had expired. The National Railroad Adjustment Board denied respondent's claim on the ground that the union had not complied with the filing deadline. Respondent then brought an unfair representation suit against the union. A jury found for respondent, awarding him actual and punitive damages. The Court of Appeals affirmed in most respects, but remanded the case for consideration of whether the punitive damages award was excessive. Held: Th...
Great Western Sugar Co. Vs. Nelson
Court: US Supreme Court
Decided on: May-29-1979
Great Western Sugar Co. v. Nelson - 442 U.S. 92 (1979) U.S. Supreme Court Great Western Sugar Co. v. Nelson, 442 U.S. 92 (1979) Great Western Sugar Co. v. Nelson No. 78-1060 Decided May 29, 1979 442 U.S. 92 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Held: Upon dismissing as moot an appeal from the District Court's order requiring arbitration of a dispute as to respondent's discharge by petitioner -- the arbitration proceedings having been completed before the appeal could be decided on the merits -- the Court of Appeals erred in holding that the District Court's judgment should remain in effect. Where it appears upon appeal that the controversy has become entirely moot, it is the duty of the appellate court to set aside the decree below and to remand the cause with directions to dismiss. Duke Power Co. v. Greenwood County, 299 U. S. 259 ; United States v. Munsingwear, Inc., 340 U. S. 36 . Certiorari grante...
Oscar Mayer and Co. Vs. Evans
Court: US Supreme Court
Decided on: May-21-1979
Oscar Mayer & Co. v. Evans - 441 U.S. 750 (1979) U.S. Supreme Court Oscar Mayer & Co. v. Evans, 441 U.S. 750 (1979) Oscar Mayer & Co. v. Evans No. 78-275 Argued February 28, 1979 Decided May 21, 1979 441 U.S. 750 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Section 14(b) of the Age Discrimination in Employment Act of 1967 (ADEA) provides that in the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and authorizing a state authority to grant and seek relief from such discriminatory practice, no suit may be brought under 7(c) of the ADEA before the expiration of 60 days after proceedings have been commenced under the state law, unless such proceedings have been earlier terminated. Section 14(b) also provides that, if any requirement for the commencement of such proceedings is imposed by a state authority other than a requirement of a filing of a written and sig...
Kentucky Vs. Whorton
Court: US Supreme Court
Decided on: May-21-1979
Kentucky v. Whorton - 441 U.S. 786 (1979) U.S. Supreme Court Kentucky v. Whorton, 441 U.S. 786 (1979) Kentucky v. Whorton No. 78-749 Argued April 16, 1979 Decided May 21, 1979 441 U.S. 786 CERTIORARI TO THE SUPREME COURT OF KENTUCKY Syllabus Upon trial in a Kentucky state court, respondent was convicted of several offenses. The trial court refused to give respondent's requested jury instruction on the presumption of innocence, but did give an instruction to the effect that the jury could return a guilty verdict only if they found beyond a reasonable doubt that respondent had committed the acts charged with the requisite criminal intent. Relying on its understanding of Taylor v. Kentucky, 436 U. S. 478 -- where this Court reversed a conviction resulting from a trial in which the judge had refused to give a requested instruction on the presumption of innocence -- the Kentucky Supreme Court held that such an instruction is constitutionally required in all criminal trials, an...
United States Vs. Timmreck
Court: US Supreme Court
Decided on: May-21-1979
United States v. Timmreck - 441 U.S. 780 (1979) U.S. Supreme Court United States v. Timmreck, 441 U.S. 780 (1979) United States v. Timmreck No. 78-744 Argued April 16, 1979 Decided May 21, 1979 441 U.S. 780 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Respondent was convicted of a federal drug offense upon a guilty plea. Upon accepting the plea, the trial judge explained to respondent that he could receive a 15-year prison sentence and a $25,000 fine, but failed to mention a mandatory special parole term of at least 3 years required by the applicable statute. Respondent was then sentenced to 10 years' imprisonment plus a 5-year special parole term, and fined $5,000. Subsequently, respondent moved in District Court to vacate the sentence pursuant to 28 U.S.C. 2255 on the ground that the trial judge had violated Fed.Rule Crim.Proc. 11 by accepting the guilty plea without informing respondent of the mandatory special parole term. The Distric...
United States Vs. Naftalin
Court: US Supreme Court
Decided on: May-21-1979
United States v. Naftalin - 441 U.S. 768 (1979) U.S. Supreme Court United States v. Naftalin, 441 U.S. 768 (1979) United States v. Naftalin No. 78-561 Argued March 26, 1979 Decided May 21, 1979 441 U.S. 768 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent engaged in a fraudulent "short selling" scheme, by placing orders with brokers to sell certain shares of stock which he believed had peaked in price and which he falsely represented that he owned. Gambling that the price would decline substantially before he was required to deliver the securities, he planned to make offsetting purchases through other brokers at lower prices. But the market price rose sharply before the delivery date, so that respondent was unable to make covering purchases and never delivered the securities. Consequently, the brokers were unable to deliver the securities to the investor purchasers, and were forced to borrow stock to make the delivery. In order to ...
Connor Vs. Coleman
Court: US Supreme Court
Decided on: May-21-1979
Connor v. Coleman - 441 U.S. 792 (1979) U.S. Supreme Court Connor v. Coleman, 441 U.S. 792 (1979) Connor v. Coleman No. 78-1013 Decided May 21, 1979 441 U.S. 792 ON PETITION FOR WRIT OF MANDAMUS Syllabus A petition for writ of mandamus to require the District Court to adopt a reapportionment plan for the Mississippi Legislature is denied where, after this Court granted leave to file the petition, the District Court entered a final judgment specifying a plan for reapportionment and the parties announced that there will be no appeal. PER CURIAM. On March 26, 1979, we granted leave to petitioners to file a petition for a writ of mandamus to require the United States District Court for the Southern District of Mississippi to adopt a plan for the reapportionment of the Mississippi Legislature. 440 U. S. 612 . The order granting leave recited that we continued for 30 days our consideration of the petition. The Clerk of the District Court has now formally advised the Clerk of t...
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