Volume 439 — United States Reports

This is a list of all the United States Supreme Court cases from volume 439 of the United States Reports:

Shortly after appellee, a Negro employee of the Dougherty County Board of Education, announced his candidacy for the Georgia House of Representatives, the Board adopted a requirement (Rule 58) that its employees take unpaid leaves of absence while campaigning for elective political office. As a consequence of Rule 58, appellee, who sought election to the Georgia House on three occasions, was forced to take leave and lost over $11,000 in salary.

Held: that Alabama's police jurisdiction statutes lack statewide impact. A three-judge court was improperly convened in Moody because the challenged state statutes had "limited application, concerning only a particular county involved in the litigation. . . ." Id., at 104 .

The California Automobile Franchise Act (Act) requires an automobile manufacturer to obtain approval of the California New Motor Vehicle Board (Board) before opening or… Held: brought suit challenging the constitutionality of the statutory scheme on due process grounds. A three-judge District Court held that the absence of a prior hearing requirement denied manufacturers and their proposed franchisees the procedural due process mandated by the Fourteenth Amendment. Held: 1.

Rakas v. Illinois, 439 U.S. 128, was a United States Supreme Court case decided in 1978. The case addressed the theoretical boundaries of personal standing within the context of search and seizure under the Fourth Amendment. In a 5-4 decision, the Court held that to claim the protection of the Fourth Amendment, a defendant must demonstrate that they have a reasonable expectation of privacy in the place or belonging that is subjected to a search.

Califano v. Aznavorian, 439 U.S. 170 (1978), was a United States Supreme Court case involving denial of Social Security Benefits to recipients while they are abroad and the Fifth Amendment due process right to international travel.

The issue in this case involves the computation of the alternative income tax of a decedent's estate that had net long-term capital gains, a portion of which, pursuant to the decedent's will, was set… Held: The net long-term gains to which the alternative tax is applicable is reducible by the amount of the charitable set-asides in the years in question. Pp. 187-199.

Under the New Jersey homicide statutes, life imprisonment is the mandatory punishment for defendants convicted by a jury of first-degree murder, while a term of not more than 30 years is the punishment for second-degree murder. Trials to the court and guilty pleas are not allowed in murder cases, but a plea of non vult is allowed.

Section 3(a) of the Bank Holding Company Act of 1956 (Act) prohibits any company from acquiring control of a bank without prior approval by the Board of Governors of the Federal Reserve System… Held: The Board has authority under § 3(c) to disapprove formation of a bank holding company solely on grounds of financial or managerial unsoundness.

Appellant, assertedly the illegitimate son of Mario Lalli, who died intestate in New York, filed a petition for a compulsory accounting from appellee administratrix of the estate,… Held: The judgment is affirmed. Pp. 264-276; 276; 276-277. 43 N.Y.2d 65, 400 N.Y.S.2d 761, 371 N.E.2d 481, affirmed. Mr. Justice POWELL, joined by THE CHIEF JUSTICE and Mr. Justice STEWART, concluded that § 4-1.2 does not violate the Equal Protection Clause of the Fourteenth Amendment. Trimble v.

After respondent had been arrested in Michigan and charged with receiving and concealing stolen property (a truck driven from Arizona) and Michigan had notified Arizona authorities, Arizona charged… Held: Once the Governor of the asylum State has acted on a requisition for extradition based on the demanding State's judicial determination that probable cause existed, no further judicial inquiry may be had on that issue in the asylum State. Pp. 286-290.

Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp., 439 U.S. 299 (1978), is a unanimous U.S. Supreme Court decision holding that state anti-usury laws regulating interest rates cannot be enforced against nationally chartered banks based in other states. Justice William Brennan wrote that it was clearly the intent of Congress when it passed the National Banking Act that nationally chartered banks would be subject only to federal regulation by the Comptroller of Currency and the laws of the state in which they were chartered, and that only Congress or the appropriate state legislature could pass laws regulating them.

Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979), was a United States Supreme Court case in which the court held that nonmutual offensive issue preclusion is available in federal court, but only if it would be fair. In this case, a party who had a "full and fair" opportunity to litigate their claims in an earlier action were collaterally estopped from relitigating them in this case. Although later interpretation of this holding has described it as "cryptic", the basic rule is that a party who had a clear opportunity to join an opponent to an earlier action and refused that opportunity does not get to use the finding of that earlier action against their opponent now. In this case, Shore could have joined the earlier SEC action through intervention.

Duren v. Missouri, 439 U.S. 357 (1979), was a United States Supreme Court case related to the Sixth Amendment. It challenged Missouri's law allowing gender-based exemption from jury service.

Colautti v. Franklin, 439 U.S. 379 (1979), was a United States Supreme Court abortion rights case, which held void for vagueness part of Pennsylvania's 1974 Abortion Control Act. The section in question was the following: (a) Every person who performs or induces an abortion shall prior thereto have made a determination based on his experience, judgment or professional competence that the fetus is not viable, and if the determination is that the fetus is viable or if there is sufficient reason to believe that the fetus may be viable, shall exercise that degree of professional skill, care and diligence to preserve the life and health of the fetus which such person would be required to exercise in order to preserve the life and health of any fetus intended to be born and not aborted and the…

Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979), is a United States Supreme Court decision on the free speech rights of public employees. The Court held unanimously in favor of a schoolteacher fired for her critical remarks in conversations with her principal. Justice William Rehnquist wrote the opinion, with a short concurrence by John Paul Stevens.

Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (1979), was a case in which the Supreme Court of the United States held that the State of Washington's imposition of partial jurisdiction over certain actions on an Indian reservation, when not requested by the tribe, was valid under Public Law 280.

Respondent pipeline company purchases for resale in the interstate market natural gas produced from a Louisiana field by respondent oil companies (Producers), whose prices are subject to regulation by petitioner Commission. Under their lease agreements with the field's owner, the Producers pay royalties pegged to the "market value" or "market price" of the gas.

Thor Power Tool Company v. Commissioner, 439 U.S. 522 (1979), was a United States Supreme Court case in which the Court upheld IRS regulations limiting how taxpayers could write down inventory value.

A pension plan entered into under a collective-bargaining agreement between petitioner local labor union and employer trucking firms required all employees to participate in the plan but not to pay… Held: The Securities Act and the Securities Exchange Act do not apply to a noncontributory, compulsory pension plan. Pp. 558-570.

Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979), was a United States Supreme Court case in which the court held that railroad pensions were not subject to division upon divorce because they were not community property. Congress abrogated this decision by passing the Uniformed Services Former Spouses Protection Act in 1983.

Held: Associates was Mellon's agent in South Carolina and, as a consequence, Mellon was engaged in branch banking in that State to an extent sufficient to sustain venue there under § 94 is, for this Court at least, a new issue. I think that issue is sufficiently important for national banks generally, and for those doing business with national banks or in competition with them, that it receive plenary consideration here.

Held: or whether that distribution was a return of capital and therefore not taxable, as the Tax Court held. I regard the issue as of sufficient importance in the administration of the income tax laws to justify review here, and I dissent from the Court's failure to grant certiorari. 2 CSW was the parent of a group of affiliated corporations.

Symm v. United States, 439 U.S. 1105 (1979), was a United States Supreme Court case in which the Court summarily affirmed United States v. Texas, holding unconstitutional the denial to Prairie View students of the presumption of bona fide residency extended to other Waller County students.

from 1368 intentionally omitted] Mr. Justice REHNQUIST, Circuit Justice. Applicant's motion to stay the proceedings in the Superior Court of Santa Clara County, California, is denied. In July 1977 applicant filed a similar motion for stay pending review in this Court of his claim that the Double Jeopardy Clause of the United States Constitution prohibits the State of California from retrying him for murder.