Us Supreme Court Court May 1990 Judgments
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United States Vs. Energy Resources Co., Inc.
Court: US Supreme Court
Decided on: May-29-1990
United States v. Energy Resources Co., Inc. - 495 U.S. 545 (1990) U.S. Supreme Court United States v. Energy Resources Co., Inc., 495 U.S. 545 (1990) United States v. Energy Resources Co., Inc. No. 89-255 Argued March 19, 1990 Decided May 29, 1990 495 U.S. 545 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The Internal Revenue Code requires employers to withhold from their employees' paychecks money representing the employees' personal income and social security taxes. 26 U.S.C. 3102(a), 3402(a). Because employers must hold these funds in "trust for the United States," 7501(a), the taxes are commonly called "trust fund" taxes. Should an employer fail to pay such taxes, 6672 authorizes the Government to collect an equivalent sum directly from the employer's officers or employees who are responsible for collecting the tax, and are thus commonly referred to as "responsible" individuals. Newport Offshore, Ltd., and Energy Resources Co., Inc.,...
Burnham Vs. Superior Court
Court: US Supreme Court
Decided on: May-29-1990
Burnham v. Superior Court - 495 U.S. 604 (1990) U.S. Supreme Court Burnham v. Superior Court, 495 U.S. 604 (1990) Burnham v. Superior Court of California, County of Marin No. 89-44 Argued Feb. 28, 1990 Decided May 29, 1990 495 U.S. 604 CERTIORARI TO THE COURT OF APPEALS OF CALIFORNIA, FIRST APPELLATE DISTRICT Syllabus During a trip to California to conduct business and visit his children, petitioner Burnham, a New Jersey resident, was served with a California court summons and his estranged wife's divorce petition. The California Superior Court denied his motion to quash the service of process, and the State Court of Appeal denied mandamus relief, rejecting his contention that the Due Process Clause of the Fourteenth Amendment prohibited California courts from asserting jurisdiction over him because he lacked "minimum contacts" with the State. The latter court held it to be a valid predicate for in personam jurisdiction that he was personally served while present in the f...
Grady Vs. Corbin
Court: US Supreme Court
Decided on: May-29-1990
Grady v. Corbin - 495 U.S. 508 (1990) U.S. Supreme Court Grady v. Corbin, 495 U.S. 508 (1990) Grady v. Corbin No. 89-474 Argued March 21, 1990 Decided May 29, 1990 495 U.S. 508 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus After respondent Corbin's automobile struck oncoming vehicles on a New York highway, causing the death of one person and injury to another, he was served with two uniform traffic tickets directing him to appear at a Town Justice Court. One ticket charged him with the misdemeanor of driving while intoxicated and the other charged him with failing to keep to the right of the median. When Corbin pleaded guilty to the traffic tickets in the town court, the presiding judge was not informed of the fatality or of a pending homicide investigation. Subsequently, a grand jury indicted Corbin, charging him with, among other things, reckless manslaughter, criminally negligent homicide, and third-degree reckless assault. A bill of particulars identified the ...
Taylor Vs. United States
Court: US Supreme Court
Decided on: May-29-1990
Taylor v. United States - 495 U.S. 575 (1990) U.S. Supreme Court Taylor v. United States, 495 U.S. 575 (1990) Taylor v. United States No. 88-7194 Argued Feb. 28, 1990 Decided May 29, 1990 495 U.S. 575 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus When respondent Taylor pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1), he had four prior convictions, including two for second-degree burglary under Missouri law. The Government sought to apply 924(e), which, inter alia, (1) provides a sentence enhancement for a "person" convicted under 922(g) who "has three previous convictions . . . for a violent felony," and (2) defines "violent felony" as "(B) . . . any crime punishable by imprisonment for a term exceeding one year" that "(i) has as an element the use, attempted use, or threatened use of physical force against [another's] person," or "(ii) is burglary [or other specified offenses] or oth...
Pennsylvania Dpw Vs. Davenport
Court: US Supreme Court
Decided on: May-29-1990
Pennsylvania DPW v. Davenport - 495 U.S. 552 (1990) U.S. Supreme Court Pennsylvania DPW v. Davenport, 495 U.S. 552 (1990) Pennsylvania Department of Public Welfare v. Davenport No. 89-156 Argued Feb. 20, 1990 Decided May 29, 1990 495 U.S. 552 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondents pleaded guilty to welfare fraud and were ordered by a Pennsylvania court, as a condition of probation, to make monthly restitution payments to petitioner county probation department for petitioner state welfare department. Subsequently, respondents filed a petition under Chapter 13 of the Bankruptcy Code in the Bankruptcy Court, listing the restitution obligation as an unsecured debt. After the probation department commenced a probation violation proceeding in state court, alleging that respondents had failed to comply with the restitution order, respondents filed an adversary action in the Bankruptcy Court seeking both a declaration that the re...
Duro Vs. Reina
Court: US Supreme Court
Decided on: May-29-1990
Duro v. Reina - 495 U.S. 676 (1990) U.S. Supreme Court Duro v. Reina, 495 U.S. 676 (1990) Duro v. Reina No. 88-6546 Argued Nov. 29, 1989 Decided May 29, 1990 495 U.S. 676 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus While living on one Indian Tribe's Reservation, petitioner Duro, an enrolled member of another Tribe, allegedly shot and killed an Indian youth within the Reservation's boundaries. He was charged with the illegal firing of a weapon on the Reservation under the tribal criminal code, which is confined to misdemeanors. After the tribal court denied his petition to dismiss the prosecution for lack of jurisdiction, he filed a habeas corpus petition in the Federal District Court. The court granted the writ, holding that assertion of jurisdiction by the Tribe over a nonmember Indian would constitute discrimination based on race in violation of the equal protection guarantees of the Indian Civil Rights Act, since, under Oliphant v. Su...
Citibank, N.A. Vs. Wells Fargo Asia Ltd.
Court: US Supreme Court
Decided on: May-29-1990
Citibank, N.A. v. Wells Fargo Asia Ltd. - 495 U.S. 660 (1990) U.S. Supreme Court Citibank, N.A. v. Wells Fargo Asia Ltd., 495 U.S. 660 (1990) Citibank, N.A. v. Wells Fargo Asia Ltd. No. 88-1260 Argued March 19, 1990 Decided May 29, 1990 495 U.S. 660 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent Wells Fargo Asia Limited (WFAL), a Singapore-chartered bank wholly owned by a United States-chartered bank, agreed to make two time deposits in Eurodollars -- i.e., United States dollars that have been deposited with a banking institution located outside the country, with a corresponding obligation on the part of that institution to repay the deposits in United States dollars -- with Citibank/Manila, a branch of petitioner Citibank, N.A. (Citibank), which is chartered in the United States. The parties received telexes detailing the deposits' terms from the money broker who had arranged them. The parties also exchanged slips confirming t...
United States Vs. Montalvo-murillo
Court: US Supreme Court
Decided on: May-29-1990
United States v. Montalvo-Murillo - 495 U.S. 711 (1990) U.S. Supreme Court United States v. Montalvo-Murillo, 495 U.S. 711 (1990) United States v. Montalvo-Murillo No. 89-163 Argued Jan. 9, 1990 Decided May 29, 1990 495 U.S. 711 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus A provision of the Bail Reform Act of 1984, 18 U.S.C. 3142(e), requires that a suspect held in pretrial custody on federal criminal charges be detained if, "after a hearing pursuant to . . . subsection (f)," he is found to pose a risk of flight and a danger to others or the community and if no condition of release can give reasonable assurances against these contingencies. Section 3142(f) provides that, before detention can occur, a judicial officer "shall" conduct a hearing "immediately upon the person's first appearance before the . . . officer" unless he grants a continuance. Respondent was arrested on federal drug charges, and a Magistrate, at a detention hearing he...
Fort Stewart Schools Vs. Flra
Court: US Supreme Court
Decided on: May-28-1990
Fort Stewart Schools v. FLRA - 495 U.S. 641 (1990) U.S. Supreme Court Fort Stewart Schools v. FLRA, 495 U.S. 641 (1990) Fort Stewart Schools v. Federal Labor Relations Authority No. 89-65 Argued Jan. 10, 1990 Decided May 28, 1990 495 U.S. 641 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus During collective bargaining, petitioner schools, which are owned and operated by the Army at a military facility, declined to negotiate with respondent Union over proposals relating to a salary increase and fringe benefits. Respondent Federal Labor Relations Authority held that the Federal Service Labor-Management Relations Statute (FSLMRS or the Statute) required petitioner to bargain over the proposals. The Court of Appeals affirmed. Held: The Authority did not err in ruling that petitioner was required to bargain over the Union's proposals. Pp. 495 U. S. 644 -657. (a) The Authority's conclusion that the Union's proposals related to "conditions o...
United States Vs. Munoz-flores
Court: US Supreme Court
Decided on: May-21-1990
United States v. Munoz-Flores - 495 U.S. 385 (1990) U.S. Supreme Court United States v. Munoz-Flores, 495 U.S. 385 (1990) United States v. Munoz-Flores No. 88-1932 Argued Feb. 20, 1990 Decided May 21, 1990 495 U.S. 385 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus After respondent pleaded guilty to two federal misdemeanors, a Federal Magistrate, inter alia, ordered him to pay, as required by 18 U.S.C. 3013, a monetary "special assessment" to the Crime Victims Fund established by the Victims of Crime Act of 1984. He moved to correct his sentence, asserting that the assessments were unconstitutional because Congress had passed 3013 in violation of the Origination Clause, which mandates that "all Bills for raising Revenue shall originate in the House of Representatives." The Magistrate denied the motion, and the District Court affirmed. However, the Court of Appeals reversed, holding that, while respondent's claim did not raise a nonjustic...
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