Us Supreme Court Court February 1987 Judgments
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Hobbie Vs. Unemplt. Appeals Comm'n
Court: US Supreme Court
Decided on: Feb-26-1987
Hobbie v. Unemplt. Appeals Comm'n - 480 U.S. 136 (1987) U.S. Supreme Court Hobbie v. Unemplt. Appeals Comm'n, 480 U.S. 136 (1987) Hobbie v. Unemployment Appeals Comm'n of Florida No. 85-993 Argued December 10, 1986 Decided February 26, 1987 480 U.S. 136 APPEAL FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT After 2 1/2 years, appellant informed her employer that she was joining the Seventh-day Adventist Church and that, for religious reasons, she would no longer be able to work at the employer's jewelry store on her Sabbath. When she refused to work scheduled shifts on Friday evenings and Saturdays, she was discharged. She then filed a claim for unemployment compensation, which was denied by a claims examiner for "misconduct connected with [her] work" under the applicable Florida statute, and the Unemployment Appeals Commission (Appeals Commission) affirmed. The Florida Fifth District Court of Appeal affirmed the Appeals Commission's order. Held: Florida's ref...
United States Vs. Paradise
Court: US Supreme Court
Decided on: Feb-25-1987
United States v. Paradise - 480 U.S. 149 (1987) U.S. Supreme Court United States v. Paradise, 480 U.S. 149 (1987) United States v. Paradise No. 85-999 Argued November 12, 1986 Decided February 25, 1987 480 U.S. 149 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT In 1972, upon finding that, for almost four decades, the Alabama Department of Public Safety (Department) had systematically excluded blacks from employment as state troopers in violation of the Fourteenth Amendment, the District Court issued an order imposing a hiring quota and requiring the Department to refrain from engaging in discrimination in its employment practices, including promotions. By 1979, no blacks had attained the upper ranks of the Department. The court therefore approved a partial consent decree in which the Department agreed to develop within one year a procedure for promotion to corporal that would have no adverse impact on blacks and would comply with the Uniform Guidel...
City of Springfield Vs. Kibbe
Court: US Supreme Court
Decided on: Feb-25-1987
City of Springfield v. Kibbe - 480 U.S. 257 (1987) U.S. Supreme Court City of Springfield v. Kibbe, 480 U.S. 257 (1987) City of Springfield v. Kibbe No. 85-1217 Argued November 4, 1986 Decided February 25, 1987 480 U.S. 257 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Certiorari was granted in this case to resolve the question whether, consistently with the decision in Monell v. New York City Dept. of Social Services, 436 U. S. 658 , a municipality can be held liable under 42 U.S.C. 1983 for inadequate training of its employees. In addressing that issue, this Court anticipated that, under its Rule 21. 1(a), it would be able to reach the "fairly included" related question whether more than negligence in training is required in order to establish such liability. However, in the District Court, petitioner city did not object to the jury instruction stating that gross negligence would suffice, and in fact proposed its own instruction to ...
MartIn Vs. Ohio
Court: US Supreme Court
Decided on: Feb-25-1987
Martin v. Ohio - 480 U.S. 228 (1987) U.S. Supreme Court Martin v. Ohio, 480 U.S. 228 (1987) Martin v. Ohio No. 85-6461 Argued December 2, 1986 Decided February 25, 1987 480 U.S. 228 CERTIORARI TO THE SUPREME COURT OF OHIO Syllabus Under the Ohio Revised Code (Code), the burden of proving the elements of a criminal offense is upon the prosecution, but, for an affirmative defense, the burden of proof by a preponderance of the evidence is placed on the accused. Self-defense is an affirmative defense under Ohio law, and therefore must be proved by the defendant. Petitioner was charged by Ohio with aggravated murder, which is defined as "purposely, and with prior calculation and design, causing the death of another." She pleaded self-defense, and testified that she had shot and killed her husband when he came at her following an argument during which he had struck her. As to the crime itself, the jury was instructed (1) that, to convict, it must find, in light of all the evidence...
California Vs. Cabazon Band of Indians
Court: US Supreme Court
Decided on: Feb-25-1987
California v. Cabazon Band of Indians - 480 U.S. 202 (1987) U.S. Supreme Court California v. Cabazon Band of Indians, 480 U.S. 202 (1987) California v. Cabazon Band of Mission Indians No. 85-1708 Argued December 9, 1986 Decided February 25, 1987 480 U.S. 202 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Appellee Indian Tribes (the Cabazon and Morongo Bands of Mission Indians) occupy reservations in Riverside County, Cal. Each Band, pursuant to its federally approved ordinance, conducts on its reservation bingo games that are open to the public. The Cabazon Band also operates a card club for playing draw poker and other card games. The gambling games are open to the public, and are played predominantly by non-Indians coming onto the reservations. California sought to apply to the Tribes its statute governing the operation of bingo games. Riverside County also sought to apply its ordinance regulating bingo, as well as its ordinance prohibiting ...
Fcc Vs. Florida Power Corp.
Court: US Supreme Court
Decided on: Feb-25-1987
FCC v. Florida Power Corp. - 480 U.S. 245 (1987) U.S. Supreme Court FCC v. Florida Power Corp., 480 U.S. 245 (1987) Federal Communications Commission v. Florida Power Corp. No. 85-1658. Argued December 3, 1986 Decided February 25, 1987 * 480 U.S. 245 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus The Pole Attachments Act (Act) empowers the Federal Communications Commission (FCC), in the absence of parallel state regulation, to determine "just and reasonable" rates that utility companies may charge cable television systems for using utility poles as the physical medium for stringing television cable (47 U.S.C. 224(b)(1)). The Act, in effect, also provides a range of reasonableness within which the FCC may set rates when it indicates that a minimum reasonable rate is equivalent to the marginal cost of providing pole attachments, while the maximum reasonable rate is determined by computing the fully allocated cost of the construction and ope...
Maryland Vs. Garrison
Court: US Supreme Court
Decided on: Feb-24-1987
Maryland v. Garrison - 480 U.S. 79 (1987) U.S. Supreme Court Maryland v. Garrison, 480 U.S. 79 (1987) Maryland v. Garrison No. 85-769 Argued November 6, 1986 Decided February 24, 1987 480 U.S. 79 CERTIORARI TO THE COURT OF APPEALS OF MARYLAND Syllabus Baltimore police officers obtained and executed a warrant to search the person of one McWebb and "the premises known as 2036 Park Avenue third floor apartment" for controlled substances and related paraphernalia. The police reasonably believed that there was only one apartment on the described premises, but in fact the third floor was divided into two apartment, one occupied by McWebb and one by respondent. Before the officers became aware that they were in respondent's apartment, they discovered the contraband that provided the basis for respondent's conviction for violating Maryland's Controlled Substances Act. The trial court denied respondent's motion to suppress the evidence, and the Maryland Court of Special Appeals affir...
Western Air Lines Vs. Bd. of Equalization
Court: US Supreme Court
Decided on: Feb-24-1987
Western Air Lines v. Bd. of Equalization - 480 U.S. 123 (1987) U.S. Supreme Court Western Air Lines v. Bd. of Equalization, 480 U.S. 123 (1987) Western Air Lines, Inc. v. Board of Equalization of the State of South Dakota No. 86-732 Argued November 3, 1986 Decided February 24, 1987 480 U.S. 123 APPEAL FROM THE SUPREME COURT OF SOUTH DAKOTA Syllabus A provision of the Airport and Airway Improvement Act of 1982, 49 U.S.C.App. 1513(d)(1), prohibits the imposition of discriminatory state or local property taxes on air carriers. However, 1513(d)(3) provides that the prohibition does not apply to any "in lieu tax which is wholly utilized for airport and aeronautical purposes." The South Dakota Airline Flight Property Tax, enacted in 1961, is imposed on air carriers on the basis of the value of their aircraft, and provides for allocation of the taxes to the airports used by the carriers, and for use of the taxes exclusively by the airports for airport purposes. This tax, which i...
Asahi Metal Indus. Vs. Superior Court
Court: US Supreme Court
Decided on: Feb-24-1987
Asahi Metal Indus. v. Superior Court - 480 U.S. 102 (1987) U.S. Supreme Court Asahi Metal Indus. v. Superior Court, 480 U.S. 102 (1987) Asahi Metal Indus. Co., Ltd. v. Superior Ct. of California No. 85-693 Argued November 5, 1986 Decided February 24, 1987 480 U.S. 102 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus Petitioner manufactures tire valve assemblies in Japan and sells them to several tire manufacturers, including Cheng Shin Rubber Industrial Co. (Cheng Shin). The sales to Cheng Shin, which amounted to at least 100,000 assemblies annually from 1978 to 1982, took place in Taiwan, to which the assemblies were shipped from Japan. Cheng Shin incorporates the assemblies into its finished tires, which it sells throughout the world, including the United States, where 20 percent of its sales take place in California. Affidavits indicated that petitioner was aware that tires incorporating its assemblies would end up in California, but, on the other hand, that it neve...
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