Us Supreme Court Court January 1990 Judgments
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Selvage Vs. Collins
Court: US Supreme Court
Decided on: Jan-17-1990
Selvage v. Collins - 494 U.S. 108 (1990) U.S. Supreme Court Selvage v. Collins, 494 U.S. 108 (1990) Selvage v. Collins No. 87-6700 Argued January 17, 1990 Decided Feb. 21, 1990 494 U.S. 108 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner Selvage filed a petition for a writ of certiorari to review a Court of Appeals' decision refusing to grant a stay of execution. This Court stayed the execution and withheld disposition of the petition pending the decision in Penry v. Lynaugh, 492 U. S. 302 . Following that decision, certiorari was granted to answer the question whether, at the time of trial, there was cause for not raising a claim based upon arguments later accepted in Penry v. Lynaugh, supra, and, if not, whether the application of a procedural bar to the claim would result in a fundamental miscarriage of justice. Held: The case is remanded for a determination whether Selvage's Penry claim is presently procedurally barred...
Real Estate-land Title and Trust Co. Vs. United States
Court: US Supreme Court
Decided on: Jan-15-1990
Real Estate-Land Title & Trust Co. v. United States - 309 U.S. 13 (1990) U.S. Supreme Court Real Estate-Land Title & Trust Co. v. United States, 309 U.S. 13 (1940) Real Estate-Land Title & Trust Co. v. United States No. 229 Argued January 5, 1940 Decided January 15, 1990 309 U.S. 13 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Under the Revenue Act of 1928, 23(k), and Treasury Regulations 74, Art. 206, a deduction for obsolescence is not allowed for a plant which has not functionally depreciated, but which is a needless duplication acquired in a voluntary business consolidation, and which the management desires to eliminate, preferring another which is also adequate but which can be operated with fewer employees. Pp. 309 U. S. 117 . 102 F.2d 582 affirmed. Certiorari, 308 U.S. 539, to review a judgment reversing a judgment recovered in the District Court in a suit for a refund of income taxes. Page 309 U. S. 14 MR. JUSTICE DOUGLAS delivere...
Patrick Vs. Graham
Court: US Supreme Court
Decided on: Jan-06-1990
Patrick v. Graham - 132 U.S. 627 (1990) U.S. Supreme Court Patrick v. Graham, 132 U.S. 627 (1890) Patrick v. Graham No. 152 Argued December 10, 1889 Decided January 6, 1990 132 U.S. 627 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO Syllabus Where a case has gone to a hearing, testimony been submitted to the jury under objection but without stating any reason for the objection, and a verdict rendered, with judgment on the verdict, the losing party cannot, in the appellate court, state for the first time a reason for that objection which would make it good. In an action to recover damages for the taking of ore from a mine by the proprietor of an adjoining mine, who had broken in, a witness for defendant was asked whether he had a model of the mine, but was not asked whether it was correct, and did not say that it would illustrate the subject about which he was testifying. Plaintiff objected to its production, and the objection was sustained. In...
James Vs. Illinois
Court: US Supreme Court
Decided on: 1990
James v. Illinois - 493 U.S. 307 (1990) U.S. Supreme Court James v. Illinois, 493 U.S. 307 (1990) James v. Illinois No. 88-6075 Argued Oct. 3, 1989 Decided Jan. 10, 1990 493 U.S. 307 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus The day after a shooting which left one of a group of eight boys dead and another seriously injured, police took petitioner James into custody as a suspect. James, who then had black curly hair, admitted under police questioning that the previous day his hair had been reddish-brown, long, and combed straight back, and that he had just dyed and curled it in order to change his appearance. After James was indicted for murder and attempted murder, the trial court sustained his motion to suppress the statements about his hair as fruit of an unlawful arrest. At trial, five members of the group of boys testified that the shooter had slicked-back, shoulder-length, reddish hair, and that they had seen James several weeks earlier with hair that color a...
Holland Vs. Illinois
Court: US Supreme Court
Decided on: 1990
Holland v. Illinois - 493 U.S. 474 (1990) U.S. Supreme Court Holland v. Illinois, 493 U.S. 474 (1990) Holland v. Illinois No. 88-5050 Argued Oct. 11, 1989 Decided Jan. 22, 1990 493 U.S. 474 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus During jury selection at his state court trial on various felony charges, petitioner, who is white, objected to the State's peremptory challenges that struck the two black venire members from the petit jury, on the ground that he had a Sixth Amendment right to "be tried by a representative cross section of the community." The trial judge overruled the objection, and petitioner was convicted of all but one of the charges. On appeal, the Illinois Supreme Court upheld the convictions and rejected petitioner's Sixth Amendment challenge to the exclusion of black jurors. Held: 1. Petitioner has standing to raise a Sixth Amendment challenge to the exclusion of blacks from his jury. Although a defendant, in order to establish a prima facie ...
Guidry Vs. Sheet Metal Workers
Court: US Supreme Court
Decided on: 1990
Guidry v. Sheet Metal Workers - 493 U.S. 365 (1990) U.S. Supreme Court Guidry v. Sheet Metal Workers, 493 U.S. 365 (1990) Guidry v. Sheet Metal Workers National Pension Fund No. 88-1105 Argued Nov. 29, 1989 Decided Jan. 17, 1990 493 U.S. 365 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Petitioner Guidry, a former official of respondent Union and trustee of one of respondent pension plans, pleaded guilty to embezzling funds from the Union in violation of 501(c) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Since his union employment had made him eligible for benefits from respondent plans, he filed suit in the District Court against two of the plans when they determined that he had forfeited his right to benefits as a result of his criminal activity. The Union intervened, joined the third p!an as a party, and stipulated with Guidry to the entry of a money judgment in its favor. The court rejected the funds' contenti...
Wilkerson Vs. Texas
Court: US Supreme Court
Decided on: 1990
WILKERSON v. TEXAS - 493 U.S. 924 (1990) U.S. Supreme Court WILKERSON v. TEXAS , 493 U.S. 924 (1990) 493 U.S. 924 Richard James WILKERSON, petitioner, v. TEXAS. No. 89-5072. Supreme Court of the United States October 16, 1989 Petition for a writ of certiorari to the Court of Criminal Appeals of Texas. Denied. Justice MARSHALL, with whom Justice BRENNAN joins, dissenting. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 231 , 2950, 2973 (1976) (MARSHALL, J., dissenting), I would grant the petition for certiorari and vacate the death sentence in this case. Even if I did not hold this view, I would grant the petition to determine whether a prosecutor's exercise of peremptory challenges based in part on racial considerations violates the Equal Protection Clause. I Richard Wilkerson, an Afro-American, was convicted of murder by an all-white jury...
Zinermon Vs. Burch
Court: US Supreme Court
Decided on: 1990
Zinermon v. Burch - 494 U.S. 113 (1990) U.S. Supreme Court Zinermon v. Burch, 494 U.S. 113 (1990) Zinermon v. Burch No. 87-1965 Argued Oct. 11, 1989 Decided Feb. 27, 1990 494 U.S. 113 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Respondent Burch, while allegedly medicated and disoriented, signed forms requesting admission to, and treatment at, a Florida state mental hospital, in apparent compliance with state statutory requirements for "voluntary" admission to such facilities. After his release, he brought suit under 42 U.S.C. 1983 in the District Court against, inter alios, petitioners -- physicians, administrators, and staff members at the hospital -- on the ground that they had deprived him of his liberty without due process of law. The complaint alleged that they violated state law by admitting him as a voluntary patient when they knew or should have known that he was incompetent to give informed consent to his admission, and tha...
BonIn Vs. California
Court: US Supreme Court
Decided on: 1990
BONIN v. CALIFORNIA - 494 U.S. 1039 (1990) U.S. Supreme Court BONIN v. CALIFORNIA , 494 U.S. 1039 (1990) 494 U.S. 1039 William George BONIN, petitioner, v. CALIFORNIA. No. 88-7381. Supreme Court of the United States March 19, 1990 The petition for writ of certiorari to the Supreme Court of California. Denied. Justice MARSHALL, with whom Justice BRENNAN joins, dissenting. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth Page 494 U.S. 1039 , 1040 and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 231 , 2973 (1976) (MARSHALL, J., dissenting), I would grant the petition for certiorari and vacate the death penalty in this case. Even if I did not take this view, I would grant the petition because it raises several important and recurring questions concerning a criminal defendant's Sixth Amendment right to the assistance of counsel unburdened by any conflict of interest. First, on what showing mus...
Washington Vs. Harper
Court: US Supreme Court
Decided on: 1990
Washington v. Harper - 494 U.S. 210 (1990) U.S. Supreme Court Washington v. Harper, 494 U.S. 210 (1990) Washington v. Harper No. 88-599 Argued Oct. 11, 1989 Decided Feb. 27, 1990 494 U.S. 210 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus Respondent Harper has been a ward of the Washington state penal system since his 1976 robbery conviction. Both as an inmate and while temporarily on parole, he received psychiatric treatment, including the consensual administration of antipsychotic drugs. He has engaged in violent conduct, and his condition has deteriorated when he did not take the drugs. On two occasions, he was transferred to the Special Offender Center (SOC or Center), a state institute for convicted felons with serious mental illness, where he was diagnosed as suffering from a manic-depressive disorder. While at the Center, he was required to take antipsychotic drugs against his will pursuant to an SOC Policy. The Policy provides, inter alia, that, if a psychi...
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