Us Supreme Court Court January 1982 Judgments
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Smith Vs. Phillips
Court: US Supreme Court
Decided on: Jan-25-1982
Smith v. Phillips - 455 U.S. 209 (1982) U.S. Supreme Court Smith v. Phillips, 455 U.S. 209 (1982) Smith v. Phillips No. 80-1082 Argued November 9, 1981 Decided January 25, 1982 455 U.S. 209 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After being convicted of murder at a jury trial in a New York court, respondent moved to vacate his conviction on the ground that a juror in his case submitted during the trial an application for employment as an investigator in the District Attorney's Office, and that the prosecuting attorneys, upon being informed of the juror's application, withheld the information from the trial court and respondent's defense counsel until after the trial. At a hearing on the motion before the same judge who had presided at the trial, the motion was denied, the judge finding "beyond a reasonable doubt" that the events giving rise to the motion did not influence the verdict. The Appellate Division of the New York Supreme C...
Merrion Vs. Jicarilla Apache Tribe
Court: US Supreme Court
Decided on: Jan-25-1982
Merrion v. Jicarilla Apache Tribe - 455 U.S. 130 (1982) U.S. Supreme Court Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982) Merrion v. Jicarilla Apache Tribe No. 80-11 Argued March 30, 1981 Reargued November 4, 1981 Decided January 25, 1982 * 455 U.S. 130 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondent Indian Tribe, pursuant to its Revised Constitution (which had been approved by the Secretary of the Interior (Secretary) as required by the Indian Reorganization Act of 1934), enacted an ordinance (also approved by the Secretary) imposing a severance tax on oil and gas production on the tribal reservation land. Oil and gas received by the Tribe as in-kind royalty payments from lessees of mineral leases on the reservation are exempted from the tax. Petitioners, lessees under Secretary-approved long-term leases with the Tribe to extract oil and natural gas deposits on reservation land, brought separate actions in Federal Distri...
In Re R.M.J.
Court: US Supreme Court
Decided on: Jan-25-1982
In re R.M.J. - 455 U.S. 191 (1982) U.S. Supreme Court In re R.M.J., 455 U.S. 191 (1982) In re R.M.J. No 80-1431 Argued November 9, 1981 Decided January 25, 1982 455 U.S. 191 APPEAL FROM THE SUPREME COURT OF MISSOURI Syllabus Rule 4 of the Missouri Supreme Court, regulating advertising by lawyers, states that a lawyer may include 10 categories of information in a published advertisement: name, address and telephone number; areas of practice; date and place of birth; schools attended; foreign language ability; office hours; fee for an initial consultation; availability of a schedule of fees; credit arrangements; and the fixed fee to be charged for certain "routine" legal services. Although the Rule does not state explicitly that these 10 categories of information are the only information that will be permitted, that is the interpretation given the Rule by the State Supreme Court and appellee Advisory Committee, which is charged with its enforcement. An addendum to the Rule spe...
Eddings Vs. Oklahoma
Court: US Supreme Court
Decided on: Jan-19-1982
Eddings v. Oklahoma - 455 U.S. 104 (1982) U.S. Supreme Court Eddings v. Oklahoma, 455 U.S. 104 (1982) Eddings v. Oklahoma No. 80-5727 Argued November 2, 1981 Decided January 19, 1982 455 U.S. 104 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA Syllabus Petitioner was convicted in an Oklahoma trial court of first-degree murder for killing a police officer and was sentenced to death. At the time of the offense, petitioner was 16 years old, but he was tried as an adult. The Oklahoma death penalty statute provides that, in a sentencing proceeding, evidence may be presented as to "any mitigating circumstances" or as to any of certain enumerated aggravating circumstances. At the sentencing hearing, the State alleged certain of the enumerated aggravating circumstances, and petitioner, in mitigation, presented substantial evidence of a turbulent family history, of beatings by a harsh father, and of serious emotional disturbance. In imposing the death sentence, the trial judg...
Common Cause Vs. Schmitt
Court: US Supreme Court
Decided on: Jan-19-1982
COMMON CAUSE v. SCHMITT - 455 U.S. 129 (1982) U.S. Supreme Court COMMON CAUSE v. SCHMITT, 455 U.S. 129 (1982) 455 U.S. 129 COMMON CAUSE ET AL. v. SCHMITT ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 80-847. Argued October 7, 1981 Decided January 19, 1982 * 512 F. Supp. 489, affirmed by an equally divided Court. [ Footnote * ] Together with No. 80-1067, Federal Election Commission v. Americans for Change et al., also on appeal from the same court. Archibald Cox argued the cause for appellants in No. 80-847. With him on the briefs were Michael L. Burack, Louis R. Cohen, Roger M. Whitten, Kenneth J. Guido, Jr., and Ellen G. Block. Jan W. Baran argued the cause for appellees in both cases and filed a brief for appellees Schmitt et al. Roderick M. Hills, Robert K. Burgess, Robert B. Shanks, and Edward Sonnenschein, Jr., filed a brief for Americans for an Effective Presidency, appellee in No. 80-847. J. Curtis Herge filed a brief for Fu...
United States Vs. Vogel Fertilizer Co.
Court: US Supreme Court
Decided on: Jan-13-1982
United States v. Vogel Fertilizer Co. - 455 U.S. 16 (1982) U.S. Supreme Court United States v. Vogel Fertilizer Co., 455 U.S. 16 (1982) United States v. Vogel Fertilizer Co. No. 80-1251 Argued November 3, 1981 Decided January 13, 1982 455 U.S. 16 CERTIORARI TO THE UNITED STATES COURT OF CLAIMS Syllabus Section 1561(a) of the Internal Revenue Code of 1954 limits a "controlled group of corporations" to a single surtax exemption. Section 1563(a)(2) provides that a "controlled group of corporations" includes a "brother-sister controlled group," defined as "[t]wo or more corporations if 5 or fewer persons . . . own . . . stock possessing (A) at least 80 percent of the total combined voting power . . . or at least 80 percent of the total value . . . of each corporation, and (B) more than 50 percent of the total combined voting power . . . or more than 50 percent of the total value . . . of each corporation, taking into account the stock ownership of each such person only to the e...
Washington Vs. Chrisman
Court: US Supreme Court
Decided on: Jan-13-1982
Washington v. Chrisman - 455 U.S. 1 (1982) U.S. Supreme Court Washington v. Chrisman, 455 U.S. 1 (1982) Washington v. Chrisman No. 81-1349 Argued November 3, 1981 Decided January 13, 1982 455 U.S. 1 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus An officer of the Washington State University police department observed a student (Overdahl) leave a dormitory carrying a bottle of gin; because Overdahl appeared to be under 21 (the minimum age allowable under Washington law for possession of alcoholic beverages), the officer stopped him and asked for identification. After Overdahl requested to retrieve his identification from his dormitory room, the officer accompanied him there and, while remaining in the open doorway watching Overdahl and his roommate (respondent), noticed what he believed to be marihuana seeds and a pipe lying on a desk in the room. The officer then entered the room, confirmed that the seeds were marihuana, and determined that the pipe smelled of marihu...
Kaiser Steel Corp. Vs. Mullins
Court: US Supreme Court
Decided on: Jan-13-1982
Kaiser Steel Corp. v. Mullins - 455 U.S. 72 (1982) U.S. Supreme Court Kaiser Steel Corp. v. Mullins, 455 U.S. 72 (1982) Kaiser Steel Corp. v. Mullins No. 80-1345 Argued November 10, 1981 Decided January 13, 1982 455 U.S. 72 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner coal producer, as a party to a collective bargaining agreement between the United Mine Workers of America and hundreds of coal producers, agreed to contribute to specified employee health and retirement funds on the basis of each ton of coal it produced and each hour worked by its covered employees. The agreement also required an employer to report its purchases of coal from producers not under contract with the union and to make contributions to the union welfare funds on the basis of such purchases. After petitioner failed to report and make contributions as required by the "purchased coal" clause, respondents, the trustees of the union trust funds...
Community Communications Vs. City of Boulder
Court: US Supreme Court
Decided on: Jan-13-1982
Community Communications v. City of Boulder - 455 U.S. 40 (1982) U.S. Supreme Court Community Communications v. City of Boulder, 455 U.S. 40 (1982) Community Communications Co., Inc. v. City of Boulder No. 81350 Argued October 13, 1981 Decided January 13, 1982 455 U.S. 40 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondent city of Boulder is a "home rule" municipality, granted by the Colorado Constitution extensive powers of self-government in local and municipal matters. Petitioner is the assignee of a permit granted by a city ordinance to conduct a cable television business within the city limits. Originally, only limited service within a certain area of the city could be provided by petitioner, but improved technology offered petitioner an opportunity to expand its business into other areas, and also offered opportunities to potential competitors, one of whom expressed interest in obtaining a permit to provide competing service. The...
Princeton Univ. Vs. Schmid
Court: US Supreme Court
Decided on: Jan-13-1982
Princeton Univ. v. Schmid - 455 U.S. 100 (1982) U.S. Supreme Court Princeton Univ. v. Schmid, 455 U.S. 100 (1982) Princeton University v. Schmid No. 80-1576 Argued November 10, 1981 Decided January 13, 1982 455 U.S. 100 APPEAL FROM THE SUPREME COURT OF NEW JERSEY Syllabus Appellee, who was not a student at Princeton University, was arrested for criminal trespass while distributing political materials on the University's campus without having first received permission from University officials, as required by a University regulation. Appellee was convicted in state court, but the New Jersey Supreme Court reversed, holding that his rights of speech and assembly under the State Constitution had been violated. The University, which had intervened in the State Supreme Court proceedings, filed a notice of appeal and a jurisdictional statement (joined by the State) in this Court, claiming that the judgment below deprived it of its rights under the First, Fifth, and Fourteenth Amend...
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