Us Supreme Court Court January 1981 Judgments
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Mariscal Vs. United States
Court: US Supreme Court
Decided on: Jan-19-1981
Mariscal v. United States - 449 U.S. 405 (1981) U.S. Supreme Court Mariscal v. United States, 449 U.S. 405 (1981) Mariscal v. United States No. 85618 Decided January 19, 1981 449 U.S. 405 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Held: The Court of Appeals' judgment affirming, on the basis of the "concurrent sentence" doctrine, petitioner's mail fraud convictions -- the court having also affirmed, on the merits, his convictions for another offense -- is vacated, and the case is remanded for reconsideration of the applicability of the "concurrent sentence" doctrine, since the Solicitor General conceded in this Court that the mail fraud convictions were invalid. Certiorari granted; 626 F.2d 868, vacated in part and remanded. PER CURIAM. This case arises on a petition for certiorari to the United States Court of Appeals for the Ninth Circuit, which affirmed petitioner's conviction on 10 counts of interstate transportation of property ob...
Albernaz Vs. United States
Court: US Supreme Court
Decided on: Jan-19-1981
Albernaz v. United States - 450 U.S. 333 (1981) U.S. Supreme Court Albernaz v. United States, 450 U.S. 333 (1981) Albernaz v. United States No. 79-1709 Argued January 19, 1981 Decided March g, 1981 450 U.S. 333 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioners, who were involved in an agreement to import marihuana and then to distribute it domestically, were convicted on separate counts of conspiracy to import marihuana, in violation of 21 U.S.C. 963, and conspiracy to distribute marihuana, in violation of 21 U.S.C. 846. These statutes are parts of different subchapters of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Petitioners received consecutive sentences on each count, the length of each of their combined sentences exceeding the maximum which could have been imposed either for a conviction of conspiracy to import or for a conviction of conspiracy to distribute. The Court of Appeals affirmed the convictions...
Firestone Tire and Rubber Co. Vs. Risjord
Court: US Supreme Court
Decided on: Jan-13-1981
Firestone Tire & Rubber Co. v. Risjord - 449 U.S. 368 (1981) U.S. Supreme Court Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981) Firestone Tire & Rubber Co. v. Risjord No. 79-1420 Argued November 12, 1980 Decided January 13, 1981 449 U.S. 368 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent is lead counsel for the plaintiffs in four consolidated product liability suits in Federal District Court against petitioner and other manufacturers. Petitioner moved to disqualify respondent from further representation of the plaintiffs because of an alleged conflict of interest arising from the fact that petitioner's liability insurer was also an occasional client of respondent's law firm. Petitioner argued that respondent's representation of the insurer would give him an incentive to structure the plaintiffs' claims for relief so as to enable the insurer to avoid any liability, thus increasing petitioner's own potential liability. ...
United States Vs. Morrison
Court: US Supreme Court
Decided on: Jan-13-1981
United States v. Morrison - 449 U.S. 361 (1981) U.S. Supreme Court United States v. Morrison, 449 U.S. 361 (1981) United States v. Morrison No. 79-395 Argued December 10, 1980 Decided January 13, 1981 449 U.S. 361 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Federal agents, aware that respondent had been indicted on federal drug charges and had retained counsel, met with her without her counsel's knowledge or permission, seeking her cooperation in a related investigation. The agents disparaged respondent's counsel and indicated that she would gain various benefits if she cooperated and would face a stiff jail term if she did not, but she declined to cooperate, and notified her attorney. The agents visited respondent again in the absence of counsel, but she did not agree to cooperate with them, nor did she incriminate herself or supply any information pertinent to her case. Subsequently, respondent moved to dismiss the indictment with preju...
Allstate Ins. Co. Vs. Hague
Court: US Supreme Court
Decided on: Jan-13-1981
Allstate Ins. Co. v. Hague - 449 U.S. 302 (1981) U.S. Supreme Court Allstate Ins. Co. v. Hague, 449 U.S. 302 (1980) Allstate Ins. Co. v. Hague No. 79938 Argued October 6, 1980 Decided January 13, 1981 449 U.S. 302 CERTIORARI TO THE SUPREME COURT OF MINNESOTA Syllabus Respondent's husband died of injuries suffered when a motorcycle on which he was a passenger was struck by an automobile. The accident occurred in Wisconsin near the Minnesota border. The operators of both vehicles were Wisconsin residents, as was the decedent, who, however, had been employed in Minnesota and had commuted daily to work from Wisconsin. Neither vehicle operator carried valid insurance, but the decedent held a policy issued by petitioner covering three automobiles owned by him and containing an uninsured motorist clause insuring him against loss incurred from accidents with uninsured motorists, but limiting such coverage to $15,000 for each automobile. After the accident, respondent moved to and be...
Upjohn Co. Vs. United States
Court: US Supreme Court
Decided on: Jan-13-1981
Upjohn Co. v. United States - 449 U.S. 383 (1981) U.S. Supreme Court Upjohn Co. v. United States, 449 U.S. 383 (1981) Upjohn Co. v. United States No. 79-886 Argued November 5, 1980 Decided January 13, 1981 449 U.S. 383 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus When the General Counsel for petitioner pharmaceutical manufacturing corporation (hereafter petitioner) was informed that one of its foreign subsidiaries had made questionable payments to foreign government officials in order to secure government business, an internal investigation of such payments was initiated. As part of this investigation, petitioner's attorneys sent a questionnaire to all foreign managers seeking detailed information concerning such payments, and the responses were returned to the General Counsel. The General Counsel and outside counsel also interviewed the recipients of the questionnaire and other company officers and employees. Subsequently, based on a repo...
Watkins Vs. Sowders
Court: US Supreme Court
Decided on: Jan-13-1981
Watkins v. Sowders - 449 U.S. 341 (1981) U.S. Supreme Court Watkins v. Sowders, 449 U.S. 341 (1980) Watkins v. Sowders No. 79-5949 Argued November 10, 1980 Decided January 13, 1981 * 449 U.S. 341 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Held: A state criminal court is not required by the Due Process Clause of the Fourteenth Amendment to conduct a hearing out of the jury's presence whenever a defendant contends that a witness' identification of him was arrived at improperly. Pp. 449 U. S. 345 -349. (a) Where identification evidence is at issue, no such special considerations as exist where the issue of the voluntariness of a confession is presented -- an involuntary confession being inadmissible both because it is likely to be unreliable and because of society's aversion to forced confessions, even if true, Jackson v. Denno, 378 U. S. 368 -- justify a departure from the presumption that juries will follow the trial court's instr...
United States Vs. Darusmont
Court: US Supreme Court
Decided on: Jan-12-1981
United States v. Darusmont - 449 U.S. 292 (1981) U.S. Supreme Court United States v. Darusmont, 449 U.S. 292 (1981) United States v. Darusmont No. 80-243 Decided January 12, 1981 449 U.S. 292 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Syllabus Held: The 1976 amendments of the minimum tax provisions of 56 and 57 of the Internal Revenue Code of 1954 -- increasing the rate of the minimum tax and decreasing the allowable exemption as to enumerated items of tax preference, including the deduction for 50% of any net long-term capital gain, and making the amendments effective for the taxable years beginning after December 31, 1975 -- may be applied to appellee taxpayers' sale of a house, resulting in a long-term capital gain, that took place in 1976 prior to the enactment of the amendments, without violating the Due Process Clause of the Fifth Amendment. The retroactive application of an income tax statute to the entire calendar year in...
Anderson Vs. Winsett
Court: US Supreme Court
Decided on: 1981
ANDERSON v. WINSETT - 449 U.S. 1093 (1981) U.S. Supreme Court ANDERSON v. WINSETT , 449 U.S. 1093 (1981) 449 U.S. 1093 Raymond W. ANDERSON and Paul W. Keve v. Thomas H. WINSETT No. 79-2014 Supreme Court of the United States January 12, 1981 On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice REHNQUIST joins, dissenting. In Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 12 , 2106 (1979), we held that a Nebraska statute created an "expectancy of release [on parole]" that was "entitled to some measure of constitutional protection." The Nebraska statute provided in part: "Whenever the Board of Parole considers the release of a committed offender who is eligible for release on parole, it shall order his release unless it is of the opinion that his release should be deferr...
Prince Edward School Foundation Vs. U. S.
Court: US Supreme Court
Decided on: 1981
PRINCE EDWARD SCHOOL FOUNDATION v. U. S. - 450 U.S. 944 (1981) U.S. Supreme Court PRINCE EDWARD SCHOOL FOUNDATION v. U. S. , 450 U.S. 944 (1981) 67 L.Ed.2d 376 450 U.S. 944 PRINCE EDWARD SCHOOL FOUNDATION v. UNITED STATES No. 80-484 Supreme Court of the United States February 23, 1981 On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The petition for a writ of certiorari is denied. Justice REHNQUIST, with whom Justice STEWART and Justice POWELL join, dissenting. The initial question presented by this petition is whether the Internal Revenue Service is entitled to deny tax-exempt status to a private school which discriminates in its admissions policy. If so, the additional question posed is what steps a private school must take in order to establish that its admissions policy is in fact nondiscriminatory. Petitioner, Prince Edward School Foundation, was formed as a nonprofit private school foundation to operate ...
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