Us Supreme Court Court November 1985 Judgments
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Hill Vs. Lockhart
Court: US Supreme Court
Decided on: Nov-18-1985
Hill v. Lockhart - 474 U.S. 52 (1985) U.S. Supreme Court Hill v. Lockhart, 474 U.S. 52 (1985) Hill v. Lockhart No. 84-1103 Argued October 7, 1985 Decided November 18, 1985 474 U.S. 52 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Pursuant to a plea-bargaining agreement, petitioner pleaded guilty in an Arkansas court to charges of first-degree murder and theft of property, and the court accepted the plea, sentencing him, in accordance with the State's recommendations, to concurrent sentences of 35 years for the murder and 10 years for the theft. Petitioner later filed a federal habeas corpus petition alleging, inter alia, that his guilty plea was involuntary by reason of ineffective assistance of counsel because his court-appointed attorney had misinformed him that, if he pleaded guilty he would become eligible for parole after serving one-third of his prison sentence, whereas, under Arkansas law, petitioner, as a "second offender," was r...
PA. Bur. of Corr. Vs. Marshals Svc.
Court: US Supreme Court
Decided on: Nov-18-1985
Pa. Bur. of Corr. v. Marshals Svc. - 474 U.S. 34 (1985) U.S. Supreme Court Pa. Bur. of Corr. v. Marshals Svc., 474 U.S. 34 (1985) Pennsylvania Bureau of Correction v. United States Marshals Service No. 84-489 Argued October 15, 1985 Decided November 18, 1985 474 U.S. 34 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A Pennsylvania state prisoner temporarily confined in the Philadelphia County jail brought suit in Federal District Court under 42 U. S.C. 1983 against various county officials, alleging that they had beaten and harassed him. The court assigned the action to a Magistrate, who issued writs of habeas corpus ad testificandum for the producing of state prisoners, including the plaintiff, as witnesses. The order directed the state Wardens to transport the prisoners to the county jail nearest the federal court, and then directed the United States Marshals Service (respondent) to transport the prisoners from the county jail to the fe...
Pennsylvania Vs. Goldhammer
Court: US Supreme Court
Decided on: Nov-12-1985
Pennsylvania v. Goldhammer - 474 U.S. 28 (1985) U.S. Supreme Court Pennsylvania v. Goldhammer, 474 U.S. 28 (1985) Pennsylvania v. Goldhammer No. 84-1852 Decided November 12, 1985 474 U.S. 28 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA, EASTERN DISTRICT Syllabus Respondent was convicted in a Pennsylvania trial court on multiple counts of theft and multiple counts of forgery. He was sentenced to two-to-five years of imprisonment on a single theft count and five years of probation on one of the forgery counts. Sentence was suspended on the remaining counts. On respondent's appeal, the Pennsylvania Superior Court held that the statute of limitations barred the prosecution of several of the theft counts, including the count on which respondent had received his sentence of imprisonment. On the Commonwealth's appeal, the Pennsylvania Supreme Court affirmed the Superior Court's ruling on the statute of limitations, and denied the Commonwealth's request th...
Cal. St. Bd. of Equal. Vs. Chemehuevi Tribe
Court: US Supreme Court
Decided on: Nov-04-1985
Cal. St. Bd. of Equal. v. Chemehuevi Tribe - 474 U.S. 9 (1985) U.S. Supreme Court Cal. St. Bd. of Equal. v. Chemehuevi Tribe, 474 U.S. 9 (1985) California State Board of Equalization v. Chemehuevi Indian Tribe No. 85-130 Decided November 4, 1985 474 U.S. 9 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Since 1959, California has imposed an excise tax on the distribution of cigarettes, and respondent Chemehuevi Indian Tribe originally remitted the tax to petitioner State Board of Equalization (Board) insofar as the tax was imposed on the distribution of cigarettes to non-Indians who purchased the cigarettes from the Tribe on its reservation in California. However, in 1977, the Tribe enacted its own cigarette tax and ceased collecting and remitting the state tax. When California sought to obtain the unremitted tax, the Tribe filed suit in Federal District Court for injunctive relief and a declaratory judgment that the Bo...
Cuyahoga Valley Ry. Vs. United Transp. Union
Court: US Supreme Court
Decided on: Nov-04-1985
Cuyahoga Valley Ry. v. United Transp. Union - 474 U.S. 3 (1985) U.S. Supreme Court Cuyahoga Valley Ry. v. United Transp. Union, 474 U.S. 3 (1985) Cuyahoga Valley Railway Co. v. United Transportation Union No. 84-1634 Decided November 4, 1985 * 474 U.S. 3 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Pursuant to the Occupational Safety and Health Act (Act), the Secretary of Labor issued a citation to Cuyahoga Valley Railway Co. for a violation of the Act; the company contested the citation; the Secretary filed a complaint with the Occupational Safety and Health Review Commission (Commission), and the company filed an answer; and the United Transportation Union, which represents the company's employees, intervened. At the hearing, the Administrative Law Judge (ALJ), over the Union's objection, granted the Secretary's motion to vacate the citation on the ground that the Secretary did not have jurisdiction over the relev...
Lanier Vs. South Carolina
Court: US Supreme Court
Decided on: Nov-04-1985
Lanier v. South Carolina - 474 U.S. 25 (1985) U.S. Supreme Court Lanier v. South Carolina, 474 U.S. 25 (1985) Lanier v. South Carolina No. 85-5260 Decided November 4, 1985 474 U.S. 25 ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF SOUTH CAROLINA Syllabus Petitioner, who was convicted of armed robbery, contended that the South Carolina trial court should have suppressed his confession as being the product of an illegal arrest. The South Carolina Court of Appeals affirmed the trial court, holding that, even assuming petitioner's arrest was illegal, the confession was admissible because voluntariness was the test of admissibility and petitioner did not claim that his confession was not voluntary. Held: The South Carolina Court of Appeals' judgment is vacated, and the case is remanded, because the court's reasoning is inconsistent with well-established precedent holding that a finding of voluntariness of a confession for Fifth Amendment purposes is not, by itsel...
Delaware Vs. Fensterer
Court: US Supreme Court
Decided on: Nov-04-1985
Delaware v. Fensterer - 474 U.S. 15 (1985) U.S. Supreme Court Delaware v. Fensterer, 474 U.S. 15 (1985) Delaware v. Fensterer No. 85-214 Decided November 4, 1985 474 U.S. 15 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF DELAWARE Syllabus During respondent's murder trial in a Delaware court, the State sought to prove that a cat leash was the weapon used in strangling the victim, and that a hair found on the leash was similar to the victim's hair, and had been forcibly removed. The State's expert witness testified that, in his opinion, the hair had been forcibly removed, but stated, on both direct examination and cross-examination, that he could not recall which of three methods he had employed in determining that the hair had been forcibly removed. The trial court overruled respondent's objection that the admission of the expert's testimony precluded adequate cross-examination unless he could testify as to which of the methods he relied upon. The defense offered ...
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