United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Volume 433United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1979 - Courts |
From inside the book
Results 1-5 of 77
Page 83
... privilege . ' Id . , at 439 , quoting Johnson v . Zerbst , 304 U. S. , at 464. Noting petitioner's " grisly choice " between acceptance of his life sentence and pursuit of an appeal which might culminate in a sentence of death , the ...
... privilege . ' Id . , at 439 , quoting Johnson v . Zerbst , 304 U. S. , at 464. Noting petitioner's " grisly choice " between acceptance of his life sentence and pursuit of an appeal which might culminate in a sentence of death , the ...
Page 92
... privilege of seeking to vindicate his federal claims in the state courts ... then it is open to the federal court on habeas to deny him all relief . . . . " 372 U. S. , at 439 . The touchstone of Fay and Zerbst , then , is the exercise ...
... privilege of seeking to vindicate his federal claims in the state courts ... then it is open to the federal court on habeas to deny him all relief . . . . " 372 U. S. , at 439 . The touchstone of Fay and Zerbst , then , is the exercise ...
Page 102
... privilege . " Johnson v . Zerbst , 304 U. S. 458 , 464 ( 1938 ) . Incorporating this stand- ard , Fay recognized that if one " understandingly and know- ingly forewent the privilege of seeking to vindicate his federal claims in the ...
... privilege . " Johnson v . Zerbst , 304 U. S. 458 , 464 ( 1938 ) . Incorporating this stand- ard , Fay recognized that if one " understandingly and know- ingly forewent the privilege of seeking to vindicate his federal claims in the ...
Page 106
... privileges by authorizing the litigation of constitutional claims and defenses in a district court after the State vindicates its own interest through trial of the substantive criminal offense in the state courts . This , of course ...
... privileges by authorizing the litigation of constitutional claims and defenses in a district court after the State vindicates its own interest through trial of the substantive criminal offense in the state courts . This , of course ...
Page 109
... privilege entitles him to informed and intelligent consideration of any decision leading to its for- feiture . It may be , of course , that the State's countervailing institutional interests are more compelling in the case of elicit ...
... privilege entitles him to informed and intelligent consideration of any decision leading to its for- feiture . It may be , of course , that the State's countervailing institutional interests are more compelling in the case of elicit ...
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Common terms and phrases
advertising amici curiae appellant's appellants appellee application argued the cause arrest assert Attorney Bill of Attainder BLACKMUN Board of Education BRENNAN brief bulk mailing BURGER certiorari claim Clause competition concurring in judgment Congress constitutional constitutionally Court of Appeals Court's opinion decision defendant Delaware desegregation discrimination dissenting 433 U.S. District Court effect evidence federal courts federal habeas filed footlocker Fourteenth Amendment Fourth Amendment Government habeas corpus Hazelwood inmates interest issue jurisdiction JUSTICE lawyers legal services litigation materials ment Negro nonpublic school Ohio personal jurisdiction petitioners plaintiff POWELL premiums President Presidential prison procedural Procunier programs protection public school pupils Puyallup Puyallup River Puyallup Tribe quasi in rem reason regulation REHNQUIST remanded remedy reservation respondent retailers rule Schwinn Sherman Act standard State's statute steelhead Supp supra Sylvania teachers tion Title VII trial Tribe Union United violation warrant
Popular passages
Page 333 - ... in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise...
Page 655 - Whenever in the judgment of the Commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this...
Page 204 - Whether due process is satisfied must depend rather upon the quality and nature of the activity in relation to the fair and orderly administration of the 'laws which it was the purpose of the due process clause to insure.
Page 395 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required, the novelty and difficulty of the questions involved...
Page 328 - It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...
Page 50 - Black explained the appropriateness of, and the need for, per se rules: "[T]here are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
Page 288 - In fashioning and effectuating the decrees, the courts will be guided by equitable principles. Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs.
Page 265 - No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.
Page 328 - What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification.
Page 49 - The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.