Us Supreme Court Court April 1990 Judgments
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Port Authority Vs. Feeney
Court: US Supreme Court
Decided on: Apr-30-1990
Port Authority v. Feeney - 495 U.S. 299 (1990) U.S. Supreme Court Port Authority v. Feeney, 495 U.S. 299 (1990) Port Authority Trans-Hudson Corp. v. Feeney No. 89-386 Argued Feb. 26, 1990 Decided April 30, 1990 495 U.S. 299 * CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner Port Authority Trans-Hudson Corp. (PATH) is an entity created by New York and New Jersey to operate certain transportation facilities. Alleging that they incurred injuries during their employment. with PATH, respondents filed separate complaints against PATH in the District Court to recover damages pursuant to the Federal Employers' Liability Act. The court dismissed the complaints on the ground that PATH enjoyed the States' sovereign immunity, and thus that the Eleventh Amendment deprived the court of jurisdiction. The Court of Appeals reversed in both cases, holding that the Eleventh Amendment did not bar the suits because, inter alia, any immunity that PAT...
California Vs. American Stores Co.
Court: US Supreme Court
Decided on: Apr-30-1990
California v. American Stores Co. - 495 U.S. 271 (1990) U.S. Supreme Court California v. American Stores Co., 495 U.S. 271 (1990) California v. American Stores Company No. 89-258 Argued Jan. 19, 1990 Decided April 30, 1990 495 U.S. 271 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Shortly after respondent American Stores Co., the fourth largest supermarket chain in California, acquired all of the outstanding stock of the largest chain, the State filed suit in the District Court alleging, inter alia, that the merger constituted an anticompetitive acquisition violative of 7 of the Clayton Act, and would harm consumers throughout the State. The court granted the State a preliminary injunction requiring American to operate the acquired stores separately pending resolution of the suit. Although agreeing that the State had proved a likelihood of success on the merits and the probability of irreparable harm, the Court of Appeals set aside the i...
United States Vs. Ojeda Rios
Court: US Supreme Court
Decided on: Apr-30-1990
United States v. Ojeda Rios - 495 U.S. 257 (1990) U.S. Supreme Court United States v. Ojeda Rios, 495 U.S. 257 (1990) United States v. Ojeda Rios No. 89-61 Argued Feb. 28, 1990 Decided April 30, 1990 495 U.S. 257 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus During a criminal investigation, the Government secured a series of court orders authorizing electronic surveillance of respondents, as mandated by Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510 et seq. Section 2518(8)(a) requires, in pertinent part, that: (1) recording "shall be done in such way as will protect the recording from editing or other alterations"; (2) "[i]mmediately upon the expiration of the period of the order, or extensions thereof," the recordings are to be made available to the judge who issued the order and sealed under his directions; and (3) "[t]he presence of the seal . . . or a satisfactory explanation" for its absence is ...
Ngiraingas Vs. Sanchez
Court: US Supreme Court
Decided on: Apr-24-1990
Ngiraingas v. Sanchez - 495 U.S. 182 (1990) U.S. Supreme Court Ngiraingas v. Sanchez, 495 U.S. 182 (1990) Ngiraingas v. Sanchez No. 88-1281 Argued Jan. 8, 1990 Decided April 24, 1990 495 U.S. 182 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioners filed suit in the District Court under 42 U.S.C. 1983 against respondents -- the Guam Government, the Guam Police Department and its Director in her official capacity, and various police officers in their official and individual capacities -- alleging that petitioners were arrested and assaulted by the officers and forced to write and sign confessions. The District Court dismissed the claims. The Court of Appeals affirmed the dismissal with respect to the Government, the Police Department, and the individual defendants in their official capacities. Analogizing the Government of Guam to an administrative agency, the court ruled that Guam and the Police Department are no more than federal ins...
Whitmore Vs. Arkansas
Court: US Supreme Court
Decided on: Apr-24-1990
Whitmore v. Arkansas - 495 U.S. 149 (1990) U.S. Supreme Court Whitmore v. Arkansas, 495 U.S. 149 (1990) Whitmore v. Arkansas No. 88-7146 Argued Jan. 10, 1990 Decided April 24, 1990 495 U.S. 149 CERTIORARI TO THE SUPREME COURT OF ARKANSAS Syllabus After his trial on multiple murder charges, Ronald Simmons waived his right to direct appeal of his conviction and death sentence. The trial court conducted a hearing and determined that Simmons was competent to waive further proceedings. Pursuant to its rule that Arkansas law does not require a mandatory appeal in all death penalty cases, but that a defendant can forgo his direct appeal only if he has been judicially determined to have the capacity to understand the choice between life and death and to knowingly and intelligently waive any and all rights to appeal his sentence, the State Supreme Court reviewed the competency determination and affirmed the trial court's decision that Simmons had knowingly and intelligently waived th...
Stewart Vs. Abend
Court: US Supreme Court
Decided on: Apr-24-1990
Stewart v. Abend - 495 U.S. 207 (1990) U.S. Supreme Court Stewart v. Abend, 495 U.S. 207 (1990) Stewart v. Abend No. 88-2102 Argued Jan. 9, 1990 Decided April 24, 1990 495 U.S. 207 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In 1945, author Cornell Woolrich agreed to assign the motion picture rights to several of his stories, including the one at issue, to petitioners' predecessor in interest. He also agreed to renew the copyrights in the stories at the appropriate time, and to assign the same motion picture rights to the predecessor in interest for the 28-year renewal term provided by the Copyright Act of 1909. The film version of the story in question was produced and distributed in 1954. Woolrich died in 1968 without a surviving spouse or child, and before he could obtain the rights in the renewal term for petitioners as promised. In 1969, his executor renewed the copyright in the story and assigned the renewal rights to respondent Abe...
Missouri Vs. Jenkins
Court: US Supreme Court
Decided on: Apr-18-1990
Missouri v. Jenkins - 495 U.S. 33 (1990) U.S. Supreme Court Missouri v. Jenkins, 495 U.S. 33 (1990) Missouri v. Jenkins No. 88-1150 Argued Oct. 30, 1989 Decided April 18, 1990 495 U.S. 33 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In an action under 42 U.S.C. 1983, the District Court found that the Kansas City, Missouri, School District (KCMSD) and petitioner State had operated a segregated school system within the KCMSD. The court issued an order detailing a desegregation remedy and the financing necessary to implement it. Although it allocated the costs of the remedy between the governmental entities, the court determined that several state law provisions would prevent KCMSD from being able to pay its share. Rather than exercising what it believed to be its power to order a tax increase to fund the remedy, the court chose to impose other means -- including enjoining the effect of one of the state law provisions -- to allow KCMSD to r...
Osborne Vs. Ohio
Court: US Supreme Court
Decided on: Apr-18-1990
Osborne v. Ohio - 495 U.S. 103 (1990) U.S. Supreme Court Osborne v. Ohio, 495 U.S. 103 (1990) Osborne v. Ohio No. 88-5986 Argued Dec. 5, 1989 Decided April 18, 1990 495 U.S. 103 APPEAL FROM THE SUPREME COURT OF OHIO Syllabus After Ohio police found photographs in petitioner Osborne's home, each of which depicted a nude male adolescent posed in sexually explicit position, he was convicted of violating a state statute prohibiting any person from possessing or viewing any material or performance showing a minor who is not his child or ward in a state of nudity unless (a) the material or performance is presented for a bona fide purpose by or to a person having a proper interest therein, or (b) the possessor knows that the minor's parents or guardian has consented in writing to such photographing or use of the minor. An intermediate appellate court and the State Supreme Court affirmed the conviction. The latter court rejected Osborne's contention that the First Amendment prohibit...
Minnesota Vs. Olson
Court: US Supreme Court
Decided on: Apr-18-1990
Minnesota v. Olson - 495 U.S. 91 (1990) U.S. Supreme Court Minnesota v. Olson, 495 U.S. 91 (1990) Minnesota v. Olson No. 88-1916 Argued Feb. 26, 1990 Decided April 18, 1990 495 U.S. 91 CERTIORARI TO THE SUPREME COURT OF MINNESOTA Syllabus Police suspected respondent Olson of being the driver of the getaway car used in a robbery-murder. After recovering the murder weapon and arresting the suspected murderer, they surrounded the home of two women with whom they believed Olson had been staying. When police telephoned the home and told one of the women that Olson should come out, a male voice was heard saying "tell them I left." Without seeking permission, and with weapons drawn, they entered the home, found Olson hiding in a closet, and arrested him. Shortly thereafter, he made an inculpatory statement, which the trial court refused to suppress. He was convicted of murder, armed robbery, and assault. The Minnesota Supreme Court reversed, ruling that Olson had a sufficient inter...
Florida Vs. Wells
Court: US Supreme Court
Decided on: Apr-18-1990
Florida v. Wells - 495 U.S. 1 (1990) U.S. Supreme Court Florida v. Wells, 495 U.S. 1 (1990) Florida v. Wells No. 88-1835 Argued Dec. 4, 1989 Decided April 18, 1990 495 U.S. 1 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus Following his arrest for driving under the influence of alcohol, respondent Wells gave the Florida Highway Patrol permission to open the trunk of his impounded car. An inventory search of the car turned up two marijuana cigarette butts in an ashtray and a locked suitcase in the trunk. The suitcase was opened, and a considerable amount of marijuana was discovered. After the state trial court denied Wells' motion to suppress the marijuana on the ground that it was seized in violation of the Fourth Amendment, he pleaded nolo contendere to a charge of possession of a controlled substance, but retained his right to appeal the denial of the motion to suppress. The intermediate appellate court held, inter alia, that the trial court erred in denying suppre...
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