Us Supreme Court Court June 1990 Judgments
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National Mines Corp. Vs. Carlyl
Court: US Supreme Court
Decided on: Jun-28-1990
National Mines Corp. v. Carlyl - 497 U.S. 922 (1990) U.S. Supreme Court National Mines Corp. v. Carlyl, 497 U.S. 922 (1990) National Mines Corp. v. Carlyl No. 89-337 Decided June 28, 1990 497 U.S. 922 ON PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Syllabus During the years at issue, West Virginia imposed a gross receipts tax on wholesale sales of tangible property by out-of-state producers, but not in-state producers. The State Tax Commissioner upheld the tax assessed on sales by appellant National Mines Corp., rejecting National's claim that the tax was unconstitutional. Before National filed an appeal in the State Circuit Court, this Court, in Armco, Inc. v. Hardesty, 467 U. S. 638 , invalidated the State's tax scheme as discriminatory against interstate commerce. After the State Supreme Court of Appeals ruled, in another case, that Armco did not apply retroactively, the Circuit Court upheld the State's collection of the asses...
Ashland Oil, Inc. Vs. Carlyl
Court: US Supreme Court
Decided on: Jun-28-1990
Ashland Oil, Inc. v. Carlyl - 497 U.S. 916 (1990) U.S. Supreme Court Ashland Oil, Inc. v. Carlyl, 497 U.S. 916 (1990) Ashland Oil, Inc. v. Carlyl No. 88-421 Decided June 28, 1990 497 U.S. 916 ON APPEAL FROM THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Syllabus During the years at issue, West Virginia imposed a gross receipts tax on persons selling tangible property wholesale, but exempted local manufacturers. The State Tax Commissioner upheld the tax assessed on sales by appellant Ashland Oil, Inc., a Kentucky corporation, finding that the tax was constitutional. While Ashland's appeal was pending in the State Circuit Court, this Court, in Armco, Inc. v. Hardesty, 467 U. S. 638 , invalidated the State's tax scheme as discriminatory against interstate commerce. The Circuit Court granted Ashland summary judgment on the basis of Armco, but the State Supreme Court of Appeals reversed, holding that Armco did not apply retroactively. On remand, the Circuit Court affir...
Metro Broadcasting Vs. Fcc
Court: US Supreme Court
Decided on: Jun-27-1990
Metro Broadcasting v. FCC - 497 U.S. 547 (1990) U.S. Supreme Court Metro Broadcasting v. FCC, 497 U.S. 547 (1990) Metro Broadcasting, Inc. v. Federal Communications Commission Nos. 89-453, 89-700 Argued March 28, 1990 Decided June 27, 1990 497 U.S. 547 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus These cases consider the constitutionality of two minority preference policies adopted by the Federal Communications Commission (FCC). First, the FCC awards an enhancement for minority ownership and participation in management, which is weighed together with all other relevant factors in comparing mutually exclusive applications for licenses for new radio or television broadcast stations. Second, the FCC's so-called "distress sale" policy allows a radio or television broadcaster whose qualifications to hold a license have come into question to transfer that license before the FCC resolves the matter in a noncomparative hearing, but...
Lewis Vs. Jeffers
Court: US Supreme Court
Decided on: Jun-27-1990
Lewis v. Jeffers - 497 U.S. 764 (1990) U.S. Supreme Court Lewis v. Jeffers, 497 U.S. 764 (1990) Lewis v. Jeffers No. 89-189 Argued Feb. 21, 1990 Decided June 27, 1990 497 U.S. 764 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In affirming respondent Jeffers' first-degree murder conviction and death sentence, the Arizona Supreme Court, inter alia, independently reviewed the evidence supporting the trial court's finding of the statutory aggravating circumstance that the crime was committed "in an especially heinous, cruel or depraved manner." The court noted its recent ruling that the infliction of gratuitous violence on the victim is among the factors to be considered in determining whether the murder was "especially heinous . . . and depraved," and found the presence of this factor in light of evidence that Jeffers had climbed on top of the dead victim and hit her in the face several times, causing additional wounds and bleeding. Noting f...
United States Vs. Kokinda
Court: US Supreme Court
Decided on: Jun-27-1990
United States v. Kokinda - 497 U.S. 720 (1990) U.S. Supreme Court United States v. Kokinda, 497 U.S. 720 (1990) United States v. Kokinda No. 88-2031 Argued Feb. 26, 1990 Decided June 27, 1990 497 U.S. 720 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondents, members of a political advocacy group, set up a table on a sidewalk near the entrance to a United States Post Office to solicit contributions, sell books and subscriptions to the organization's newspaper, and distribute literature on a variety of political issues. The sidewalk is the sole means by which customers may travel from the parking lot to the post office building and lies entirely on Postal Service property. When respondents refused to leave the premises, they were arrested and subsequently convicted by a Federal Magistrate of violating, inter alia, 39 CFR 232.1(h)(1), which prohibits solicitation on postal premises. The District Court affirmed the convictions. It reje...
Walton Vs. Arizona
Court: US Supreme Court
Decided on: Jun-27-1990
Walton v. Arizona - 497 U.S. 639 (1990) U.S. Supreme Court Walton v. Arizona, 497 U.S. 639 (1990) Walton v. Arizona No. 88-7351 Argued January 17, 1990 Decided June 27, 1990 497 U.S. 639 CERTIORARI TO THE SUPREME COURT OF ARIZONA Syllabus Petitioner Walton was found guilty in an Arizona court of first-degree murder and was sentenced in a separate sentencing hearing before the judge, as required by state law. Under that law, the judge, inter alia, determines the existence of aggravating and mitigating circumstances and "shall impose" a death sentence if he finds one or more of several enumerated aggravating circumstances and that there are no mitigating circumstances sufficiently substantial to call for leniency. The burden is on the prosecution to establish the existence of aggravating circumstances and on the defendant to establish mitigating ones. The judge sentenced Walton to death, after finding the presence of two aggravating circumstances -- that the murder was commi...
Maryland Vs. Craig
Court: US Supreme Court
Decided on: Jun-27-1990
Maryland v. Craig - 497 U.S. 836 (1990) U.S. Supreme Court Maryland v. Craig, 497 U.S. 836 (1990) Maryland v. Craig No. 89-478 Argued April 18, 1990 Decided June 27, 1990 497 U.S. 836 CERTIORARI TO THE COURT OF APPEALS OF MARYLAND Syllabus Respondent Craig was tried in a Maryland court on several charges related to her alleged sexual abuse of a six-year-old child. Before the trial began, the State sought to invoke a state statutory procedure permitting a judge to receive, by one-way closed circuit television, the testimony of an alleged child abuse victim upon determining that the child's courtroom testimony would result in the child's suffering serious emotional distress such that he or she could not reasonably communicate. If the procedure is invoked, the child, prosecutor, and defense counsel withdraw to another room, where the child is examined and cross-examined; the judge, jury, and defendant remain in the courtroom, where the testimony is displayed. Although the child...
idaho Vs. Wright
Court: US Supreme Court
Decided on: Jun-27-1990
Idaho v. Wright - 497 U.S. 805 (1990) U.S. Supreme Court Idaho v. Wright, 497 U.S. 805 (1990) Idaho v. Wright No. 89-260 Argued April 18, 1990 Decided June 27, 1990 497 U.S. 805 CERTIORARI TO THE SUPREME COURT OF IDAHO Syllabus Respondent Wright was charged under Idaho law with two counts of lewd conduct with a minor, specifically her 5 1/2- and 2 1/2-year-old daughters. At the trial, it was agreed that the younger daughter was not "capable of communicating to the jury." However, the court admitted, under Idaho's residual hearsay exception, certain statements she had made to a pediatrician having extensive experience in child abuse cases. The doctor testified that she had reluctantly answered questions about her own abuse, but had spontaneously volunteered information about her sister's abuse. Wright was convicted on both counts, but appealed only from the conviction involving the younger child. The State Supreme Court reversed, finding that the admission of the doctor's tes...
Lujan Vs. Nat'l Wildlife Fed'n
Court: US Supreme Court
Decided on: Jun-27-1990
Lujan v. Nat'l Wildlife Fed'n - 497 U.S. 871 (1990) U.S. Supreme Court Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871 (1990) Lujan v. National Wildlife Federation No. 89-640 Argued April 16, 1990 Decided June 27, 1990 497 U.S. 871 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The National Wildlife Federation (hereinafter respondent) filed this action in the District Court against petitioners, the Director of the Bureau of Land Management (BLM) and other federal parties, alleging that, in various respects, they had violated the Federal Land Policy and Management Act of 1976 (FLPMA) and the National Environmental Policy Act of 1969 (NEPA) in the course of administering the BLM's "land withdrawal review program," and that the complained-of actions should be set aside because they were "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" within the meaning of 10(e) of the Administrative Procedure...
Sisson Vs. Ruby
Court: US Supreme Court
Decided on: Jun-25-1990
Sisson v. Ruby - 497 U.S. 358 (1990) U.S. Supreme Court Sisson v. Ruby, 497 U.S. 358 (1990) Sisson v. Ruby No. 88-2041 Argued April 23, 1990 Decided June 25, 1990 497 U.S. 358 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus A fire erupted in the washer/dryer area of petitioner Sisson's pleasure yacht while it was docked at a Lake Michigan marina, destroying the yacht and damaging several neighboring vessels and the marina. Respondents filed claims against Sisson for over $275,000 in damages. Invoking a Limited Liability Act provision that limits a vessel owner's liability for any damage done without the owner's privity or knowledge to the value of the vessel and its freight, Sisson filed a petition for declaratory and injunctive relief in the Federal District Court to limit his liability to $800, his yacht's salvage value after the fire. The court dismissed the petition for lack of subject-matter jurisdiction, rejecting Sisson's argument th...
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