Volume 435 — United States Reports

This is a list of all the United States Supreme Court cases from volume 435 of the United States Reports:

Simpson vs. United States, 435 U.S. 6, was a case in which the Supreme Court of the United States ruled that a defendant cannot be sentenced under the punishments of both 18 U.S.C. 2113 (d) and 18 U.S.C. 924 (a) for armed robbery.

Sharon L. King, Chicago, Ill., for petitioner. Stuart Alan Smith, Dept. of Justice, Washington, D.C., for respondent. Mr. Justice BLACKMUN delivered the opinion of the Court. 1 This case presents the issue whether an employer, who in 1963 reimbursed lunch expenses of employees who were on company travel but not away overnight, must withhold federal income tax on those reimbursements.

Respondent Pacific Maritime Association (PMA), a collective-bargaining agent for a multiemployer bargaining unit composed of various employers of Pacific coast dockworkers, entered into a collective-bargaining agreement with respondent Union regarding nonmember use of dockworkers jointly registered and dispatched through PMA-Union hiring halls whereby the nonmembers would participate in all fringe-benefit programs, pay the same dues and assessments as PMA members, use…

The academic performance of students at the University of Missouri-Kansas City Medical School is periodically assessed by the Council of Evaluation, a faculty-student">student body that can recommend various actions, including probation and dismissal; its recommendations are reviewed by the faculty Coordinating Committee, with ultimate approval by the Dean.

Section 5 of the Voting Rights Act of 1965 provides that whenever "a State or political subdivision with respect to which" § 4 of the Act is in effect shall enact any voting qualification or standard, practice, or procedure with respect to voting different from that in force on November 1, 1964, the change has no effect as law unless such State or subdivision obtains, as specified in the statute, a declaratory judgment that the change does not have a racially discriminatory…

Appellees challenge the constitutionality of the Washington Tanker Law, which regulates the design, size, and movement of oil tankers in Puget Sound, both enrolled (those engaged in domestic or coastwise trade) and registered (those engaged in foreign trade).

Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. The case was decided on March 6, 1978, with a 6–2 majority. The court opinion was written by William Rehnquist, and a dissenting opinion was written by Thurgood Marshall, who was joined by Chief Justice Warren Burger. Justice William J. Brennan did not participate in the decision.

Ballew v. Georgia, 435 U.S. 223 (1978), was a case heard by the United States Supreme Court that held that a Georgia state statute authorizing criminal conviction upon the unanimous vote of a jury of five was unconstitutional. The constitutional minimum size for a jury hearing petty criminal offenses was held to be six.

Held: the injury caused by a justified deprivation, including distress, is not properly compensable under § 1983. 19 This ambiguity in causation, which is absent in the case of defamation per se, provides additional need for requiring the plaintiff to convince the trier of fact that he actually suffered distress because of the denial of procedural due process itelf.

A police officer (Biro), while taking a break in respondent's flower shop and conversing with an employee of the shop (Hennessey), noticed an envelope with money protruding therefrom lying on the… Held: The Court of Appeals erred in concluding that the degree of attenuation between Biro's search of the envelope and Hennessey's testimony at the trial was not sufficient to dissipate the connection between the illegality of the search and challenged testimony. Pp. 273-280.

New York statute limiting appointment of members of state police force to citizens of the United States held not to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 294-300.

United States v. Wheeler, 435 U.S. 313 (1978), was a United States Supreme Court case in which the Court held the Double Jeopardy Clause does not bar the federal prosecution of a Native American (Indian) who has already been prosecuted by the tribe.

Lakeside vs. Oregon (435 U.S. 333) was a decision in which the Supreme Court of the United States ruled that trial judges may instruct a jury to not find a defendant guilty in any way based on his refusal to testify against himself, even if the defendant objects to the instruction.

Stump v. Sparkman, 435 U.S. 349 (1978), is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman who had been sterilized without her knowledge as a minor in accordance with the judge's order. The Supreme Court held that the judge was immune from being sued for issuing the order because it was issued as a judicial function. The case has been called one of the most controversial in recent Supreme Court history.

Respondent was convicted under the Hobbs Act, 18 U.S.C. § 1951, of attempting to obtain money from a federally insured bank by means of… Held: The plain language and legislative history of the statute make clear that Congress did not intend to limit the statute's scope by reference to an undefined category of conduct termed "racketeering," but rather that Congress intended to reach all conduct within the express terms of the statute. Pp. 373-380. 548 F.2d 1355, reversed.

Petitioner cities, which own and operate electric utility systems both within and beyond their respective city limits as authorized by Louisiana law, brought an action in District Court against… Held: Apart from whether petitioners are exempt from the antitrust laws as agents of the State under the Parker doctrine there are insufficient grounds for inferring that Congress did not intend to subject cities to antitrust liability. Pp. 394-408.

As part of a comprehensive program to recoup the costs of federal aviation programs from those who use the national airsystem, Congress enacted the Airport and Airway Revenue Act of 1970, which… Held: The registration tax does not violate the implied immunity of a state government from federal taxation. Pp. 453-470.

Held: “the lack of satisfactory judicial inquiry shifts the burden of proof on the question of prejudice to the Government.” United States v. Carrigan, 543 F. 2d 1053, 1056 (CA2 1976).

The 1971 version of a pension plan negotiated by appellee company and the union representing its employees provided that pensions were to be payable only from a fund established under the plan. Funding of the pension plan was in part to be on a deferred basis; the excess of accrued liability of the fund's assets was to be met through contributions from the employer's continuing operations.

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 435 U.S. 519 (1978), is a case in which the United States Supreme Court held that a court cannot impose rulemaking procedures on a federal government agency. The federal Administrative Procedure Act of 1946 and an agency's statutory mandate from Congress establish the maximum requirements for an agency's rulemaking (and adjudicative) process. An agency may grant additional procedural rights in the regulatory process (within constitutional and statutory limits). However, a reviewing court cannot "impose upon the agency its own notion of which procedures are 'best' or most likely to further some vague, undefined public good"; to do so would exceed the limits of judicial review of agency action.

Frank Lyon Company v. United States, 435 U.S. 561 (1978), was a United States Supreme Court case in which the Court held that the title owner that acquired depreciable real estate as if the owner were a mere conduit or agent was indeed the owner and, for Federal income tax purposes, had the legal right to take tax deductions associated with depreciation on the building.

During the criminal trial of several of petitioner ex-President's former advisers on charges, inter alia , of conspiring to obstruct justice in connection with the so-called Watergate investigation,… Held: Considering all the circumstances, the common-law right of access to judicial records does not authorize release of the tapes in question from the District Court's custody. Pp. 597-608.

McDaniel v. Paty, 435 U.S. 618 (1978), was a United States Supreme Court case in which it held the Tennessee state law prohibiting religious ministers holding elected office violated the First and Fourteenth Amendments of the U.S. Constitution.

It is the policy of the University of Maryland to grant "in-state" status for admission, tuition, and charge-differential purposes only to students who are domiciled in Maryland or, if a student">student is financially dependent on his parents, whose parents are domiciled in Maryland. In addition, the University may in some cases deny in-state status to students who do not pay the full spectrum of Maryland state taxes.

The United States brought this civil antitrust suit against petitioner, the National Society of Professional Engineers, alleging that petitioner's canon of ethics prohibiting its members from submitting competitive bids for engineering services suppressed competition in violation of § 1 of the Sherman Act.

City of Los Angeles Department of Water & Power v. Manhart, 435 U.S. 702 (1978) is a United States Supreme Court case in which the court held that employers cannot charge women more for pension benefits, despite women living longer than men, on average, and therefore receiving more retirement benefits.

Washington v. Association of Stevedores, 435 U.S. 734 (1978) was a Supreme Court case in which the court held that the State of Washington's business and occupation tax, which may affect interstate commerce, does not violate the Commerce Clause, thus enabling the states to "under appropriate conditions, tax directly the privilege of conducting interstate business." This case directly overruled Puget Sound Stevedoring Co. v State Tax Commission and Joseph v. Carter & Weekes Stevedoring Co.. This case expanded the rights of states to tax interstate commerce activity within their states.

First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved. In 1976 several corporations, including the First National Bank of Boston, were barred from contributing to a Massachusetts referendum regarding tax policy and subsequently sued. The case was successfully appealed to the Supreme Court, which heard oral arguments in November 1977.

Landmark Communications v. Virginia, 435 U.S. 829 (1978), was a United States Supreme Court case that was argued on January 11, 1978 and decided on May 1, 1978.

A defendant may not, before trial, appeal a federal district court's order denying his motion to dismiss an indictment because of an alleged violation of his Sixth Amendment right to a speedy trial. Pp. 853-863. 4th Cir., 531 F.2d 196, reversed and remanded. Kenneth S. Geller, Washington, D. C., for petitioner. Bernard L. Segal, San Francisco, Cal., for respondent.

Held: “[WJhen ... a minor is taken into custody and is subjected to interrogation, without the presence of an attorney, his request to see one of his parents . . . must ... be construed to indicate that the minor suspect desires to invoke his Fifth Amendment privilege.

Held: in Jordan v. State , 293 So.2d 131 (1974), to have been composed in a racially discriminatory fashion.