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Jul 02 1982

Enmund Vs. Florida

Court: US Supreme Court

Decided on: Jul-02-1982

Enmund v. Florida - 458 U.S. 782 (1982) U.S. Supreme Court Enmund v. Florida, 458 U.S. 782 (1982) Enmund v. Florida No. 81-5321 Argued March 23, 1982 Decided July 2, 1982 458 U.S. 782 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus Petitioner and a codefendant, at a jury trial in a Florida court, were convicted of first-degree murder and robbery of two elderly persons at their farmhouse, and were sentenced to death. The Florida Supreme Court affirmed. The court held that, although the record supported no more than the inference that petitioner was the person in a car parked by the side of the road near the farmhouse at the time of the killings waiting to help the robbers and killers (the codefendant and another) escape, this was enough under Florida law to make petitioner a constructive aider and abettor and hence a principal in first-degree murder upon whom the death penalty could be imposed. It was thus irrelevant to petitioner's challenge to the death sentence that he...


Jul 02 1982

Board of Educ. Vs. Mccluskey

Court: US Supreme Court

Decided on: Jul-02-1982

Board of Educ. v. McCluskey - 458 U.S. 966 (1982) U.S. Supreme Court Board of Educ. v. McCluskey, 458 U.S. 966 (1982) Board of Education of Rogers, Arkansas v. McCluskey No. 81-1577 Decided July 2, 1982 458 U.S. 966 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under 9 and 10 of petitioner School Board's rules, the Board has discretion to suspend a high school student for "good cause," which is defined as including "sale, use or possession of alcoholic beverages or illegal drugs." Section 11 of the rules provides for mandatory suspension for the remainder of the semester if a student has on school premises used, sold, or been under the influence or in possession of "narcotics or other hallucinogenics, drugs, or controlled substances" classified as such by an Arkansas statute. That statute specifically exempts alcohol from its coverage of "controlled substances." After a hearing before the Board, respondent, a 10th-g...


Jul 02 1982

New York Vs. Ferber

Court: US Supreme Court

Decided on: Jul-02-1982

New York v. Ferber - 458 U.S. 747 (1982) U.S. Supreme Court New York v. Ferber, 458 U.S. 747 (1982) New York v. Ferber No. 81-55 Argued April 27, 1982 Decided July 2, 1982 458 U.S. 747 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus A New York statute prohibits persons from knowingly promoting a sexual performance by a child under the age of 16 by distributing material which depicts such a performance. The statute defines "sexual performance" as any performance that includes sexual conduct by such a child, and "sexual conduct" is in turn defined as actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals. Respondent bookstore proprietor was convicted under the statute for selling films depicting young boys masturbating, and the Appellate Division of the New York Supreme Court affirmed. The New York Court of Appeals reversed, holding that the statute violated the Fir...


Jul 02 1982

Sporhase Vs. Nebraska Ex Rel. Douglas

Court: US Supreme Court

Decided on: Jul-02-1982

Sporhase v. Nebraska ex rel. Douglas - 458 U.S. 941 (1982) U.S. Supreme Court Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982) Sporhase v. Nebraska ex rel. Douglas No. 81-613 Argued March 30, 1982 Decided July 2, 1982 458 U.S. 941 APPEAL FROM SUPREME COURT OF NEBRASKA Syllabus A Nebraska statute provides that any person who intends to withdraw groundwater from any well located in the State and transport it for use in an adjoining State must obtain a permit from the Nebraska Department of Water Resources. If the Director of Water Resources finds that such withdrawal is reasonable, not contrary to the conservation and use of groundwater, and not otherwise detrimental to the public welfare, he will grant the permit if the State in which the water is to be used grants reciprocal rights to withdraw and transport groundwater from that State for use in Nebraska. Appellants jointly own contiguous tracts of land in Nebraska and Colorado, on which a well on the Nebraska tract...


Jul 02 1982

United States Vs. Valenzuela-bernal

Court: US Supreme Court

Decided on: Jul-02-1982

United States v. Valenzuela-Bernal - 458 U.S. 858 (1982) U.S. Supreme Court United States v. Valenzuela-Bernal, 458 U.S. 858 (1982) United States v. Valenzuela-Bernal No. 81-450 Argued April 20, 1982 Decided July 2, 1982 458 U.S. 858 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent was indicted in Federal District Court for transporting one Romero-Morales in violation of 8 U.S.C. 1324(a)(2), which prohibits the knowing transportation of an alien illegally in the United States who last entered the country within three years prior to the date of the transportation. Two other illegal aliens -- who, with Romero-Morales, were passengers in the car being driven by respondent and were apprehended with respondent -- were deported after an Assistant United States Attorney concluded that they possessed no evidence material to respondent's prosecution. Romero-Morales was detained to provide a nonhearsay basis for establishing that respondent ...


Jul 02 1982

Ramah Navajo Sch. Bd., Inc. Vs. Bureau of Rev.

Court: US Supreme Court

Decided on: Jul-02-1982

Ramah Navajo Sch. Bd., Inc. v. Bureau of Rev. - 458 U.S. 832 (1982) U.S. Supreme Court Ramah Navajo Sch. Bd., Inc. v. Bureau of Rev., 458 U.S. 832 (1982) Ramah Navajo School Board, Inc. v. Bureau of Revenue No. 80-2162 Argued April 28, 1982 Decided July 2, 1982 458 U.S. 832 APPEAL FROM THE COURT OF APPEALS OF NEW MEXICO Syllabus Held: Federal law preempts New Mexico's tax imposed on the gross receipts that appellant non-Indian construction company received from appellant tribal school board for the construction of a school for Indian children on the reservation. White Mountain Apache Tribe v. Bracker, 448 U. S. 136 , controlling. Pp. 458 U. S. 836 -847. (a) In view of the federal and tribal interests arising from Congress' broad power to regulate tribal affairs under the Indian Commerce Clause, Art. I, 8, cl. 3, and from the semi-autonomous status of Indian tribes, the exercise of state authority over commercial activity on an Indian reservation may be preempted by f...


Jul 02 1982

Naacp Vs. Claiborne Hardware Co.

Court: US Supreme Court

Decided on: Jul-02-1982

NAACP v. Claiborne Hardware Co. - 458 U.S. 886 (1982) U.S. Supreme Court NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982) National Association for the Advancement of Colored People v. Claiborne Hardware Co. No. 81-202 Argued March 3, 1982 Decided July 2, 1982 458 U.S. 886 CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI Syllabus In 1966, a boycott of white merchants in Claiborne County, Miss., was launched at a meeting of a local branch of the National Association for the Advancement of Colored People (NAACP) attended by several hundred black persons. The purpose of the boycott was to secure compliance by both civic and business leaders with a lengthy list of demands for equality and racial justice. The boycott was largely supported by speeches encouraging nonparticipants to join the common cause and by nonviolent picketing, but some acts and threats of violence did occur. In 1969, respondent white merchants filed suit in Mississippi Chancery Court for injunctive relief a...


Jul 01 1982

Rice Vs. Norman Williams Co.

Court: US Supreme Court

Decided on: Jul-01-1982

Rice v. Norman Williams Co. - 458 U.S. 654 (1982) U.S. Supreme Court Rice v. Norman Williams Co., 458 U.S. 654 (1982) Rice v. Norman Williams Co. No. 80-1012 Argued April 21, 1982 Decided July 1, 1982 * 458 U.S. 654 CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT Syllabus A provision of California's alcoholic beverage laws states that a "licensed importer shall not purchase or accept delivery of any brand of distilled spirits unless he is designated as an authorized importer of such brand by the brand owner or his authorized agent" (designation statute). The statute apparently was enacted in response to the perceived extraterritorial effects of Oklahoma's "open wholesaling" statutes, whereby a licensed California importer who was unable to obtain distilled spirits through the distiller's established distribution system could obtain them from Oklahoma wholesalers. Prior to the designation statute's effective date, respondents sought an extraordinar...


Jul 01 1982

Rogers Vs. Lodge

Court: US Supreme Court

Decided on: Jul-01-1982

Rogers v. Lodge - 458 U.S. 613 (1982) U.S. Supreme Court Rogers v. Lodge, 458 U.S. 613 (1982) Rogers v. Lodge No. 80-2100 Argued February 23, 1982 Decided July 1, 1982 458 U.S. 613 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Burke County, Ga., a large, predominately rural county, has an at-large system for electing members of its governing Board of Commissioners. No Negro has ever been elected to the Board. Appellee black citizens of the county filed a class action in Federal District Court, alleging that the at-large system of elections violated, inter alia, appellees' Fourteenth and Fifteenth Amendment rights by diluting the voting power of black citizens. Finding that blacks have always made up a substantial majority of the county's population, but that they are a minority of the registered voters, that there had been bloc voting along racial lines, and that past discrimination had restricted the present opportunity of blacks to partic...


Jul 01 1982

Snapp and Son, Inc. Vs. Puerto Rico Ex Rel. Barez

Court: US Supreme Court

Decided on: Jul-01-1982

Snapp & Son, Inc. v. Puerto Rico ex rel. Barez - 458 U.S. 592 (1982) U.S. Supreme Court Snapp & Son, Inc. v. Puerto Rico ex rel. Barez, 458 U.S. 592 (1982) Alfred L. Snapp & Son, Inc. v. Puerto Rico ex rel. Barez No. 80-1305 Argued April 20, 1982 Decided July 1, 1982 458 U.S. 592 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent Commonwealth of Puerto Rico filed suit in Federal District Court against petitioners, individuals and companies engaged in the apple industry in Virginia, alleging that petitioners had violated related provisions of the Wagner-Peyser Act and the Immigration and Nationality Act of 1952, and implementing regulations. The purposes of this statutory and regulatory scheme are to give United States workers, including citizens of Puerto Rico, a preference over temporary foreign workers for jobs that become available within this country, to ensure that working conditions of domestic employees are not adversely affec...


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