Us Supreme Court Court November 1982 Judgments
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United States Vs. Security Indus. Bank
Court: US Supreme Court
Decided on: Nov-30-1982
United States v. Security Indus. Bank - 459 U.S. 70 (1982) U.S. Supreme Court United States v. Security Indus. Bank, 459 U.S. 70 (1982) United States v. Security Industrial Bank No. 81-184 Argued October 6, 1982 Decided November 30, 1982 459 U.S. 70 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus A provision of the Bankruptcy Reform Act of 1978, 11 U.S.C. 522(f)(2) (1976 ed., Supp. V), permits individual debtors in bankruptcy proceedings to avoid nonpossessory, nonpurchase-money liens on certain property, including household furnishings and appliances. Appellees loaned individual debtors money and obtained and perfected such liens on the debtors' household furnishings and appliances before the 1978 Act was enacted. Subsequently, these debtors instituted separate bankruptcy proceedings under the 1978 Act. Sections 522(b) and (d) exempt household items from the property included within debtors' estates. The debtors claimed these exemptions, rely...
Wyrick Vs. Fields
Court: US Supreme Court
Decided on: Nov-29-1982
Wyrick v. Fields - 459 U.S. 42 (1982) U.S. Supreme Court Wyrick v. Fields, 459 U.S. 42 (1982) Wyrick v. Fields No. 82-158 Decided November 29, 1982 459 U.S. 42 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent, a soldier stationed in Missouri, after being arrested on a charge of rape and after consulting with private counsel and with an attorney provided him by the Army, requested a polygraph examination. Immediately prior to the examination, which was conducted by an agent of the Army's Criminal Investigation Division (CID), respondent signed a consent document that included information of his rights under Miranda v. Arizona, 384 U. S. 436 ; the CID agent read to respondent a detailed statement that also explained his rights, including the right to stop answering questions at any time or to speak to a lawyer before answering further, even if he signed a waiver certificate; and respondent, in response to a ...
Griggs Vs. Provident Consumer Discount Co.
Court: US Supreme Court
Decided on: Nov-29-1982
Griggs v. Provident Consumer Discount Co. - 459 U.S. 56 (1982) U.S. Supreme Court Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982) Griggs v. Provident Consumer Discount Co. No. 82-5082 Decided November 29, 1982 459 U.S. 56 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The District Court entered judgment for petitioners in their civil action against respondent, which then filed a timely motion to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59. While that motion was still pending, respondent filed a notice of appeal. Thereafter, the District Court denied the motion to alter or amend the judgment, and the Court of Appeals accepted jurisdiction of the appeal and reversed the District Court's judgment. The Court of Appeals held that, although Federal Rule of Appellate Procedure 4(a)(4) provides that a notice of appeal, filed before the disposition of a motion filed in the district c...
Landon Vs. Plasencia
Court: US Supreme Court
Decided on: Nov-15-1982
Landon v. Plasencia - 459 U.S. 21 (1982) U.S. Supreme Court Landon v. Plasencia, 459 U.S. 21 (1982) Landon v. Plasencia No. 81-129 Argued October 5, 1982 Decided November 15, 1982 459 U.S. 21 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 235 of the Immigration and Nationality Act of 1952 (Act) permits the Immigration and Naturalization Service (INS) to examine "all aliens" who seek "admission or readmission to" the United States and empowers immigration officers to take evidence concerning the privilege of any persons suspected of being an alien "to enter, reenter, pass through, or reside" in the United States, and to detain for further inquiry "every alien" who does not appear "to be clearly and beyond a doubt entitled to" enter. Under 236(a), if an alien is so detained, the officer is directed to determine whether the alien "shall be allowed to enter or shall be excluded and deported." Following an exclusion hearing, the INS deni...
ins Vs. Miranda
Court: US Supreme Court
Decided on: Nov-08-1982
INS v. Miranda - 459 U.S. 14 (1982) U.S. Supreme Court INS v. Miranda, 459 U.S. 14 (1982) Immigration and Naturalization Service v. Miranda No. 82-29 Decided November 8, 1982 459 U.S. 14 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus While in the United States after the expiration of his temporary visitor's visa, respondent alien married a United States citizen. His wife filed a petition with the Immigration and Naturalization Service (INS), requesting that he be granted an immigrant visa as her spouse, and respondent simultaneously applied to the INS for adjustment of his status to that of a permanent resident alien. The wife's petition, if approved, would have satisfied 245(a) of the Immigration and Nationality Act of 1952, which conditions the granting of permanent resident status to an alien on the immediate availability of an immigrant visa. The INS did not act on either the wife's petition or respondent's application for 18 months, and...
Schwimmer Vs. Sony Corp. of America
Court: US Supreme Court
Decided on: Nov-08-1982
Schwimmer v. Sony Corp. of America - 459 U.S. 1007 (1982) U.S. Supreme Court Schwimmer v. Sony Corp. of America, 459 U.S. 1007 (1982) Schwimmer v. Sony Corporation of America Nos. 82-277, 82-362 Decided November 8, 1982 459 U.S. 1007 ON PETITIONS FOR WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT The petitions for writs of certiorari are denied. MR. JUSTICE WHITE, dissenting. The Court's refusal to review these cases is doubly inexplicable: they pose two substantial issues on which the lower courts are divided. In both cases, juries found that respondents had conspired to impose a restraint of trade in violation of § 1 of the Sherman Act, 15 U.S.C. § 1 (1976). In Schwimmer v. Sony Corp. of America, it was alleged that Sony, in conspiracy with certain retailers, terminated Schwimmer's dealership because it had sold Sony products to other dealers at lower than normal prices. In Venture Technology, Inc. v. National Fuel Gas Distr...
Anderson Vs. Harless
Court: US Supreme Court
Decided on: Nov-01-1982
Anderson v. Harless - 459 U.S. 4 (1982) U.S. Supreme Court Anderson v. Harless, 459 U.S. 4 (1982) Anderson v. Harless No. 81-2066 Decided November 1, 1982 459 U.S. 4 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Respondent was convicted of first-degree murder after a jury trial in a Michigan state court, and the Michigan Court of Appeals affirmed. The Michigan Supreme Court, on review of the record, denied relief. Respondent then obtained habeas corpus relief in Federal District Court, which held that the trial court's jury instruction allowing malice to be implied from the fact that a weapon was used unconstitutionally shifted the burden of proof to respondent and was inconsistent with the presumption of innocence. The District Court also held that respondent had exhausted available state court remedies, as required by 28 U.S.C. 2254. The Federal Court of Appeals affirmed, holding that the exhaustion requirement was...
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