Us Supreme Court Court June 1989 Judgments
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Brendale Vs. Confederated Tribes
Court: US Supreme Court
Decided on: Jun-29-1989
Brendale v. Confederated Tribes - 492 U.S. 408 (1989) U.S. Supreme Court Brendale v. Confederated Tribes, 492 U.S. 408 (1989) Brendale v. Confederated Tribes & Bands of Yakima Indian Nation No. 87-1622 Argued January 10, 1989 Decided June 29, 1989 * 492 U.S. 408 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The treaty between the United States and the Yakima Indian Nation (Yakima Nation or Tribe) provided that the Tribe would retain its reservation for its "exclusive use and benefit," and that "no white man [shall] be permitted to reside upon the said reservation without [the Tribe's] permission." Much of the reservation is located in Yakima County, Washington. Roughly 80 of the reservation land is held in trust by the United States for the Tribe or its individual members, and the remaining 20 is owned in fee by Indian or non-Indian owners. Most of the fee land is found in three towns, and the rest is scattered throughout the reservation i...
State Univ. of New York Vs. Fox
Court: US Supreme Court
Decided on: Jun-29-1989
State Univ. of New York v. Fox - 492 U.S. 469 (1989) U.S. Supreme Court State Univ. of New York v. Fox, 492 U.S. 469 (1989) Board of Trustees of State University of New York v. Fox No. 87-2013 Argued February 22, 1989 Decided June 29, 1989 492 U.S. 469 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Resolution 66-156 of the State University of New York (SUNY) prohibits private commercial enterprises from operating in SUNY facilities. After the resolution was applied by campus police to bar American Future Systems, Inc. (AFS), from demonstrating and selling its housewares at a party hosted in a student dormitory, respondent Fox and other students sued for a declaratory judgment that such action violated the First Amendment. The District Court preliminarily enjoined enforcement of the resolution but, after a trial, found for SUNY on the ground that its dormitories did not constitute a public forum for purposes of commercial activity, and that ...
H.J. Inc. Vs. Nw Bell Tel. Co.
Court: US Supreme Court
Decided on: Jun-26-1989
H.J. Inc. v. NW Bell Tel. Co. - 492 U.S. 229 (1989) U.S. Supreme Court H.J. Inc. v. NW Bell Tel. Co., 492 U.S. 229 (1989) H.J. Inc. v. Northwestern Bell Telephone Co. No. 87-1252. Argued November 8, 1988 Decided June 26, 1989 492 U.S. 229 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-1968, which is Title IX of the Organized Crime Control Act of 1970 (OCCA), imposes criminal and civil liability upon persons who engage in certain "prohibited activities," each of which is defined to include, as a necessary element, proof of a "pattern of racketeering activity," 1962. "Racketeering activity" means "any act or threat involving" specified state law crimes, any "act" indictable under specified federal statutes, and certain federal "offenses." 1961(1). A "pattern" requires "at least two acts of racketeering activity" within a 10-year period. 1961(5). Petitioners, cus...
Duckworth Vs. Eagan
Court: US Supreme Court
Decided on: Jun-26-1989
Duckworth v. Eagan - 492 U.S. 195 (1989) U.S. Supreme Court Duckworth v. Eagan, 492 U.S. 195 (1989) Duckworth v. Eagan No. 88-317 Argued March 29, 1989 Decided June 26, 1989 492 U.S. 195 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent, when first questioned by Indiana police in connection with a stabbing, made an exculpatory statement after being read and signing a waiver form that provided, inter alia, that if he could not afford a lawyer, one would be appointed for him "if and when you go to court." However, 29 hours later, he was interviewed again, signed a different waiver form, confessed to the stabbing, and led officers to a site where they recovered relevant physical evidence. Over respondent's objection, his two statements were admitted into evidence at trial. After the Indiana Supreme Court upheld his conviction for attempted murder, respondent sought a writ of habeas corpus in the District Court claiming, among other ...
Wyoming Vs. United States
Court: US Supreme Court
Decided on: Jun-26-1989
WYOMING v. UNITED STATES - 492 U.S. 406 (1989) U.S. Supreme Court WYOMING v. UNITED STATES, 492 U.S. 406 (1989) 492 U.S. 406 WYOMING v. UNITED STATES ET AL. CERTIORARI TO THE SUPREME COURT OF WYOMING No. 88-309. Argued April 25, 1989 Decided June 26, 1989 753 P.2d 76, affirmed by an equally divided Court. Michael Douglas White argued the cause for petitioner. With him on the briefs were Joseph B. Meyer, Attorney General of Wyoming, S. Jane Caton, Assistant Attorney General, and David F. Jankowski. Jeffrey P. Minear argued the cause for the United States. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Carr, Deputy Solicitor General Wallace, Edward J. Shawaker, and Robert L. Klarquist. Susan M. Williams argued the cause for respondents Shoshone Tribe et al. With her on the brief were Brice M. Clagett, Saul B. Goodman, W. Richard West, Jr., Dale T. White, and Andrew W. Baldwin. Sky D. Phifer filed a brief for respondents Bath et a...
Penry Vs. Lynaugh
Court: US Supreme Court
Decided on: Jun-26-1989
Penry v. Lynaugh - 492 U.S. 302 (1989) U.S. Supreme Court Penry v. Lynaugh, 492 U.S. 302 (1989) Penry v. Lynaugh No. 87-6177 Argued January 11, 1989 Decided June 26, 1989 492 U.S. 302 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner was charged with capital murder in Texas state court. He was found competent to stand trial, although a psychologist testified that he was mildly to moderately retarded and had the mental age of a 6 1/2-year-old. At the guilt-innocence phase of the trial, petitioner raised an insanity defense and presented psychiatric testimony that he suffered from a combination of organic brain damage and moderate retardation which resulted in poor impulse control and an inability to learn from experience. His evidence also indicated that he had been abused as a child. The State introduced testimony that petitioner was legally sane, but had an antisocial personality. The jury rejected petitioner's insanity defense and ...
Bfi, Inc. Vs. Kelco Disposal, Inc.
Court: US Supreme Court
Decided on: Jun-26-1989
BFI, Inc. v. Kelco Disposal, Inc. - 492 U.S. 257 (1989) U.S. Supreme Court BFI, Inc. v. Kelco Disposal, Inc., 492 U.S. 257 (1989) Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc. No. 88-556 Argued April 18, 1989 Decided June 26, 1989 492 U.S. 257 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondents Joseph Kelly and Kelco Disposal, Inc., filed suit against petitioners (collectively BFI) in Federal District Court, charging BFI with antitrust violations and with interfering with Kelco's contractual relations in violation of Vermont tort law. A jury found BFI liable on both counts, and awarded Kelco, in addition to $51,146 in compensatory damages, $6 million in punitive damages on the state law claim. Denying BFI's post-trial motions, the District Court upheld the jury's punitive damages award. The Court of Appeals affirmed as to both liability and damages, holding that, even if the Eighth Amendment were applicable, the...
Stanford Vs. Kentucky
Court: US Supreme Court
Decided on: Jun-26-1989
Stanford v. Kentucky - 492 U.S. 361 (1989) U.S. Supreme Court Stanford v. Kentucky, 492 U.S. 361 (1989) Stanford v. Kentucky No. 87-5765 Argued March 27, 1989 Decided June 26, 1989 * 492 U.S. 361 CERTIORARI TO THE SUPREME COURT OF KENTUCKY Syllabus Petitioner in No. 87-5765 was approximately 17 years and 4 months old at the time he committed murder in Kentucky. A juvenile court, after conducting hearings, transferred him for trial as an adult under a state statute permitting such action as to offenders who are either charged with a Class A felony or capital crime or who are over the age of 16 and charged with a felony. Petitioner was convicted and sentenced to death. The State Supreme Court affirmed the death sentence, rejecting petitioner's contention that he had a constitutional right to treatment in the juvenile justice system, and declaring that his age and the possibility that he might be rehabilitated were mitigating factors properly left to the jury. Petitioner in No...
Murray Vs. Giarratano
Court: US Supreme Court
Decided on: Jun-23-1989
Murray v. Giarratano - 492 U.S. 1 (1989) U.S. Supreme Court Murray v. Giarratano, 492 U.S. 1 (1989) Murray v. Giarratano No. 88-411 Argued March 22, 1989 Decided June 23, 1989 492 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondents, a class of indigent Virginia death row inmates who do not have counsel to pursue postconviction proceedings, brought a suit under 42 U.S.C. 1983 in the District Court against various state officials, alleging that the Constitution required that they be provided with counsel at the State's expense for the purpose of pursuing collateral proceedings related to their convictions and sentences. The District Court concluded that respondents should receive greater assistance than that outlined in Bounds v. Smith, 430 U. S. 817 -- which held that a prisoner's "right of access" to the courts required a State to furnish access to adequate law libraries or other legal aid so the prisoners might' prepare p...
Sable Communications Vs. Fcc
Court: US Supreme Court
Decided on: Jun-23-1989
Sable Communications v. FCC - 492 U.S. 115 (1989) U.S. Supreme Court Sable Communications v. FCC, 492 U.S. 115 (1989) Sable Communications of California v. Federal Communications Commission No. 88-515 Argued April 19, 1989 Decided June 23, 1989 * 492 U.S. 115 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Syllabus Section 223(b) of the Communications Act of 1934, as amended, bans indecent as well as obscene interstate commercial telephone messages, commonly known as "dial-a-porn." Under its predecessor provision -- which sought to restrict minors' access to dial-a-porn -- the Federal Communications Commission (FCC), after lengthy court proceedings, had promulgated regulations laying out means by which dial-a-porn sponsors could screen out underaged callers. Sable Communications of California, which offers sexually oriented prerecorded telephone messages to callers both in and outside the Los Angeles metropolitan area, brought suit in...
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