Category: 1989

490 U.S. 638 109 S.Ct. 2055 104 L.Ed.2d 728 Paul C. HILDWINv.FLORIDA. No. 88-6066. May 30, 1989. Rehearing Denied July 3, 1989. See 492 U.S. 927, 109 S.Ct. 3268. PER CURIAM. 1 This case presents us once again with the question whether the Sixth Amendment requires a jury to specify the aggravating factors that permit […]

490 U.S. 545 109 S.Ct. 2003 104 L.Ed.2d 593 Barbara FINLEY, Petitioner v. UNITED STATES. No. 87-1973. Argued Feb. 28, 1989. Decided May 22, 1989. Syllabus Petitioner’s decedents were killed when their plane struck electric power lines on its approach to a city-run airfield in San Diego. She filed the present action against the United […]

490 U.S. 581 109 S.Ct. 2023 104 L.Ed.2d 675 Gerald E. MANSELL, Appellantv.Gaye M. MANSELL. No. 87-201. Argued Jan. 10, 1989. Decided May 30, 1989. Syllabus In direct response to McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589, which held that federal law as it then existed completely pre-empted the application […]

490 U.S. 495 109 S.Ct. 1976 104 L.Ed.2d 548 LAURO LINES S.R.L., Petitionerv.Sophie CHASSER et al. No. 88-23. Argued April 17, 1989. Decided May 22, 1989. Syllabus Respondents?passengers and representatives of the estates of passengers on a cruise ship hijacked by terrorists?filed suit in the District Court against petitioner, the ship’s owner, to recover damages […]

490 U.S. 504 109 S.Ct. 1981 104 L.Ed.2d 557 Paul GREEN, Petitionerv.BOCK LAUNDRY MACHINE COMPANY. No. 87-1816. Argued Jan. 18, 1989. Decided May 22, 1989. Syllabus In petitioner Green’s product liability action against respondent Bock, the manufacturer of a machine that injured Green, Bock impeached Green’s testimony by eliciting admissions that he had previously been […]

490 U.S. 536 109 S.Ct. 1998 104 L.Ed.2d 582 Tyrone Victor HARDIN, Petitionerv.Dennis STRAUB. No. 87-7023. Argued March 22, 1989. Decided May 22, 1989. Syllabus In 1986, petitioner, who is incarcerated in a Michigan state prison, filed a pro se complaint under 42 U.S.C. ? 1983 alleging that prison authorities had deprived him of his […]

490 U.S. 435 109 S.Ct. 1892 104 L.Ed.2d 487 UNITED STATES, Appellantv.Irwin HALPER. No. 87-1383. Argued Jan. 17, 1989. Decided May 15, 1989. Syllabus After respondent, the manager of a company which provided medical services for patients eligible for federal Medicare benefits, was convicted, inter alia, of submitting 65 false claims for Government reimbursement in […]

490 U.S. 454 109 S.Ct. 1904 104 L.Ed.2d 506 KENTUCKY DEPARTMENT OF CORRECTIONS, et al., Petitionersv.James M. THOMPSON et al. No. 87-1815. Argued Jan. 18, 1989. Decided May 15, 1989. Syllabus Following the District Court’s issuance of a consent decree settling a class action brought by Kentucky penal inmates under 42 U.S.C. ? 1983, the […]

490 U.S. 477 109 S.Ct. 1917 104 L.Ed.2d 526 Ofelia RODRIGUEZ DE QUIJAS, et al., Petitionersv.SHEARSON/AMERICAN EXPRESS, INC., etc. No. 88-385. Argued March 27, 1989. Decided May 15, 1989. Syllabus Petitioners, securities investors, signed a standard customer agreement which included an agreement to settle account disputes through binding arbitration unless the agreement was found unenforceable […]

490 U.S. 488 109 S.Ct. 1923 104 L.Ed.2d 540 Norm MALENG, etc., et al., Petitionersv.Mark Edwin COOK. No. 88-357. May 15, 1989. Kenneth O. Eikenberry, Olympia, Wash., for petitioners. John B. Midgley, Seattle, Wash., for respondent. PER CURIAM. 1 In 1958, respondent was convicted of robbery in Washington state court and sentenced to 20 years […]

490 U.S. 386 109 S.Ct. 1865 104 L.Ed.2d 443 Dethorne GRAHAM, Petitionerv.M.S. CONNOR et al. No. 87-6571. Argued Feb. 21, 1989. Decided May 15, 1989. Syllabus Petitioner Graham, a diabetic, asked his friend, Berry, to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. Upon entering […]

490 U.S. 401 109 S.Ct. 1874 104 L.Ed.2d 459 Richard L. THORNBURGH, Attorney General of the United States, et al., Petitionersv.Jack ABBOTT, et al. No. 87-1344. Argued Nov. 8, 1988. Decided May 15, 1989. Syllabus Federal Bureau of Prisons regulations generally permit prisoners to receive publications from the “outside,” but authorize wardens, pursuant to specified […]

490 U.S. 332 109 S.Ct. 1835 104 L.Ed.2d 351 F. Dale ROBERTSON, Chief of the Forest Service, et al., Petitionersv.METHOW VALLEY CITIZENS COUNCIL et al. No. 87-1703. Argued Jan. 9, 1989. Decided May 1, 1989. Syllabus The Forest Service is authorized by statute to manage national forests for, inter alia, recreational purposes. Because its decision […]

490 U.S. 360 109 S.Ct. 1851 104 L.Ed.2d 377 John O. MARSH, Jr., Secretary of the Army, et al., Petitioners,v.OREGON NATURAL RESOURCES COUNCIL et al. No. 87-1704. Argued Jan. 9, 1989. Decided May 1, 1989. Syllabus The Elk Creek Dam is part of a three-dam project designed to control the water supply in Oregon’s Rogue […]

490 U.S. 296 109 S.Ct. 1814 104 L.Ed.2d 318 John E. MALLARD, Petitionerv.UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF IOWA et al. No. 87-1490. Argued Feb. 28, 1989. Decided May 1, 1989. Syllabus Petitioner Mallard, an attorney recently admitted to practice before the District Court, was selected to represent indigent inmates in their […]

490 U.S. 30 109 S.Ct. 1597 104 L.Ed.2d 29 MISSISSIPPI BAND OF CHOCTAW INDIANS, Appellantv.Orrey Curtiss HOLYFIELD, et ux., J.B., Natural Mother and W.J., Natural Father. No. 87-980. Argued Jan. 11, 1989. Decided April 3, 1989. Syllabus On the basis of extensive evidence indicating that large numbers of Indian children were being separated from their […]

490 U.S. 319 109 S.Ct. 1827 104 L.Ed.2d 338 Dean NEITZKE, etc., et al., Petitionersv.Harry Lawrence WILLIAMS, Sr. No. 87-1882. Argued Feb. 22, 1989. Decided May 1, 1989. Syllabus A provision in the federal in forma pauperis statute, 28 U.S.C. ? 1915(d), authorizes courts to dismiss an in forma pauperis claim if, inter alia, “the […]

490 U.S. 228 109 S.Ct. 1775 104 L.Ed.2d 268 PRICE WATERHOUSE, Petitionerv.Ann B. HOPKINS. No. 87-1167. Argued Oct. 31, 1988. Decided May 1, 1989. Syllabus Respondent was a senior manager in an office of petitioner professional accounting partnership when she was proposed for partnership in 1982. She was neither offered nor denied partnership but instead […]

490 U.S. 163 109 S.Ct. 1698 104 L.Ed.2d 209 COTTON PETROLEUM CORPORATION, et al., Appellantsv.NEW MEXICO et al. No. 87-1327. Argued Nov. 30, 1988. Decided April 25, 1989. Syllabus Pursuant to authority granted by the Indian Mineral Leasing Act of 1938 (1938 Act), the Jicarilla Apache Tribe (Tribe) leased lands on its New Mexico reservation […]

490 U.S. 19 109 S.Ct. 1591 104 L.Ed.2d 18 CITY OF DALLAS, et al., Petitionersv.Charles M. STANGLIN, Individually, and d/b/a Twilight Skating Rink. No. 87-1848. Argued March 1, 1989. Decided April 3, 1989. Syllabus For the express purpose of providing a place where teenagers can socialize with each other but not be subject to the […]