Us Supreme Court Court February 1980 Judgments
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Trammel Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1980
Trammel v. United States - 445 U.S. 40 (1980) U.S. Supreme Court Trammel v. United States, 445 U.S. 40 (1980) Trammel v. United States No. 78-5705 Argued October 29, 30, 1979 Decided February 27, 1980 445 U.S. 40 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Prior to his trial with others on federal drug charges, petitioner advised the District Court that the Government intended to call his wife (who had been named in the indictment as an unindicted coconspirator) as an adverse witness and asserted a privilege to prevent her from testifying. The District Court ruled that confidential communications between petitioner and his wife were privileged, and therefore inadmissible, but the wife was permitted to testify to any act she observed before or during the marriage and to any communication made in the presence of a third person. Primarily on the basis of his wife's testimony, petitioner was convicted, and the Court of Appeals affirmed, rejec...
Lewis Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1980
Lewis v. United States - 445 U.S. 55 (1980) U.S. Supreme Court Lewis v. United States, 445 U.S. 55 (1980) Lewis v. United States No. 78-1595 Argued January 7, 1980 Decided February 27, 1980 445 U.S. 55 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Held: Even though petitioner's extant prior state court felony conviction may be subject to collateral attack under Gideon v. Wainwright, 372 U. S. 335 , it could properly be used as a predicate for his subsequent conviction for possession of a firearm in violation of 1202(a)(1) of Title VII of the Omnibus Crime Control and Safe Streets Act of 1968. Pp. 445 U. S. 60 -68. (a) The plain meaning of 1202(a)(1)'s sweeping language proscribing the possession of firearms by any person who "has been convicted by a court of the United States or of a State . . . of a felony," is that the fact of a felony conviction imposes firearm disability until the conviction is vacated or the felon is relieved...
United States Vs. Clark
Court: US Supreme Court
Decided on: Feb-26-1980
United States v. Clark - 445 U.S. 23 (1980) U.S. Supreme Court United States v. Clark, 445 U.S. 23 (1980) United States v. Clark No. 78-1513 Argued October 31, 1979 Decided February 26, 1980 445 U.S. 23 APPEAL FROM THE UNITED STATES COURT OF CLAIMS Syllabus Held: Under the provisions of the Civil Service Retirement Act whereby a deceased federal employee's legitimate children under 18 years of age qualify for survivors' benefits but "recognized natural" children under 18 may recover only if they "lived with the employee . . . in a regular parent-child relationship," a recognized natural child is entitled to survivors' benefits when the child has lived with the deceased employee in a "regular parent-child relationship," regardless of whether the child was living with the employee at the time of his death. This construction of the statutory provisions is fair and reasonable in light of the language, purpose, and history of the enactment and avoids a serious constitutional que...
Whirlpool Corp. Vs. Marshall
Court: US Supreme Court
Decided on: Feb-26-1980
Whirlpool Corp. v. Marshall - 445 U.S. 1 (1980) U.S. Supreme Court Whirlpool Corp. v. Marshall, 445 U.S. 1 (1980) Whirlpool Corp. v. Marshall No. 78-1870 Argued January 9, 1980 Decided February 26, 1980 445 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Section 11(c)(1) of the Occupational Safety and Health Act of 1970 (Act) prohibits an employer from discharging or discriminating against any employee who exercises "any right afforded by" the Act. Respondent Secretary of Labor promulgated a regulation providing that, among other rights protected by the Act, is the right of an employee to choose not to perform his assigned task because of a reasonable apprehension of death or serious injury coupled with a reasonable belief that no less drastic alternative is available. Claiming that a suspended wire mesh screen in petitioner's manufacturing plant used to protect employees from objects occasionally falling from an overhead conveyor was ...
Massachusetts Vs. Meehan
Court: US Supreme Court
Decided on: Feb-26-1980
MASSACHUSETTS v. MEEHAN - 445 U.S. 39 (1980) U.S. Supreme Court MASSACHUSETTS v. MEEHAN, 445 U.S. 39 (1980) 445 U.S. 39 MASSACHUSETTS v. MEEHAN. CERTIORARI TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS. No. 78-1874. Argued January 9, 1980. Decided February 26, 1980. Certiorari dismissed. Reported below: 377 Mass. 552, 387 N. E. 2d 527. Barbara A. H. Smith, Assistant Attorney General of Massachusetts, argued the cause for petitioner. With her on the briefs were Francis X. Bellotti, Attorney General, and Stephen R. Delinsky, Assistant Attorney General. David A. Mills argued the cause for respondent. With him on the brief was Walter J. Hurley. PER CURIAM. The writ of certiorari is dismissed as improvidently granted. Page 445 U.S. 39, 40 ...
Davis Vs. Preston
Court: US Supreme Court
Decided on: Feb-24-1980
Davis v. Preston - 280 U.S. 406 (1980) U.S. Supreme Court Davis v. Preston, 280 U.S. 406 (1930) Davis v. Preston No. 188 Argued January 23, 1930 Decided February 24, 1980 280 U.S. 406 CERTIORARI TO THE SUPREME COURT OF TEXAS Syllabus 1. One who, as Federal Agent, suffered judgment in an action under the Employers' Liability Act for death of a railroad employee occurring during federal control ceased to be liable and was without standing to invoke a review of the judgment when he ceased to be Federal Agent. 2. When, in such a case, a writ of certiorari to a state supreme court was petitioned for by both the retired Federal Agent and the surety on his appeal bonds below, who had been adjudged to pay costs, and the certiorari was granted, held: (1) That the writ must be dismissed as to the main petitioner. P. 280 U. S. 408 . (2) That the adjudication of liability for costs, which had not been made a ground of complaint, did not enable the surety to complain of the judgmen...
SeatraIn Shipbuilding Corp. Vs. Shell Oil Co.
Court: US Supreme Court
Decided on: Feb-20-1980
Seatrain Shipbuilding Corp. v. Shell Oil Co. - 444 U.S. 572 (1980) U.S. Supreme Court Seatrain Shipbuilding Corp. v. Shell Oil Co., 444 U.S. 572 (1980) Seatrain Shipbuilding Corp. v. Shell Oil Co. No. 78-1651 Argued November 28, 1979 Decided February 20, 1980 444 U.S. 572 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner Seatrain Shipbuilding Corp. (Seatrain) received a construction differential subsidy (CDS) under Title V of the Merchant Marine Act, 1936 (Act), to construct a supertanker, and, as required by 506 of the Act, Seatrain and petitioner Polk Tanker Corp., the initial owner of the vessel, agreed to operate it exclusively in foreign trade except as otherwise authorized in 506. When the vessel was completed, petitioners asked the Secretary of Commerce to terminate all restrictions on the vessel's operation in domestic trade in exchange for their fully secured note repaying in full the vessel's CDS. The Secre...
Committee for Pub. Educ. Vs. Regan
Court: US Supreme Court
Decided on: Feb-20-1980
Committee for Pub. Educ. v. Regan - 444 U.S. 646 (1980) U.S. Supreme Court Committee for Pub. Educ. v. Regan, 444 U.S. 646 (1980) Committee for Public Education and Religious Liberty v. Regan No. 78-1369 Argued November 27, 1979 Decided February 20, 1980 444 U.S. 646 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus After a New York statute that appropriated public funds to reimburse both church-sponsored and secular nonpublic schools for performing various services mandated by the State, including the administration, grading, and reporting of the results of tests, both state-prepared and teacher-prepared tests, had been held to be violative of the Establishment Clause of the First Amendment in Levitt v. Committee for Public Education, 413 U. S. 472 , the New York Legislature enacted a new statute directing payment to nonpublic schools of the costs incurred by them in complying with certain state-mandated requirements, including ...
Schaumburg Vs. Citizens for Better Environment
Court: US Supreme Court
Decided on: Feb-20-1980
Schaumburg v. Citizens for Better Environment - 444 U.S. 620 (1980) U.S. Supreme Court Schaumburg v. Citizens for Better Environment, 444 U.S. 620 (1980) Village of Schaumburg v. Citizens for Better Environment No. 78-1335 Argued October 30, 1979 Decided February 20, 1980 444 U.S. 620 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner village has an ordinance prohibiting door-to-door or on-street solicitation of contributions by charitable organizations that do not use at least 75 percent of their receipts for "charitable purposes," such purposes being defined to exclude solicitation expenses, salaries, overhead, and other administrative expenses. After petitioner denied respondent Citizens for a Better Environment (CBE) (a nonprofit environmental protection organization) a solicitation permit because it could not meet the ordinance's 75-percent requirement, CBE sued petitioner in Federal District Court, alleging that such requireme...
Ford Motor Credit Co. Vs. Milhollin
Court: US Supreme Court
Decided on: Feb-20-1980
Ford Motor Credit Co. v. Milhollin - 444 U.S. 555 (1980) U.S. Supreme Court Ford Motor Credit Co. v. Milhollin, 444 U.S. 555 (1980) Ford Motor Credit Co. v. Milhollin No. 78-1487 Argued December 4, 1979 Decided February 20, 1980 * 444 U.S. 555 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondents financed their purchases of automobiles through standard retail installment contracts that were assigned to petitioner finance company. Each contract provided that respondents were to pay a precomputed finance charge, and, as required by the Truth in Lending Act (TILA) and implementing Federal Reserve Board (FRB) Regulation Z, the front page of each contract disclosed and explained certain features of the contract, including a disclosure that the buyer could prepay his obligations under the contract in full at any time prior to maturity of the final installment and that, if he did so, he would receive a rebate of the unearned portion of the fi...
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