Volume 488 — United States Reports

This is a list of all the United States Supreme Court cases from volume 488 of the United States Reports:

Between tax years 1977 and 1980, a portion of Shell Oil Company's gross revenues was derived from the sale of oil and natural gas extracted from the Outer Continental Shelf (OCS). Held: The OCSLA does not prevent Iowa from including income earned from the sale of OCS oil and gas in its apportionment formula.

Arkansas' habitual criminal statute provides that a defendant who is convicted of a class B felony may be sentenced to an enhanced term of imprisonment if the State… Held: in reliance on Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978), that the Double Jeopardy Clause prohibited the State from attempting to resentence respondent as a habitual offender on the basis of another prior conviction not offered or admitted at the initial sentencing hearing.

Arizona v. Youngblood, 488 U.S. 51 (1988), is a United States Supreme Court case concerning the limits of Constitutional due process in criminal law.

After the indigent petitioner and two codefendants were found guilty of several serious crimes in an Ohio state court, the new counsel appointed to represent petitioner on appeal filed with the Ohio… Held: Petitioner was deprived of constitutionally adequate representation on appeal by the Ohio Court of Appeals' failure to follow the procedures set forth in Anders v.

Held: as a matter of statutory interpretation, that, absent a “specific provision to the contrary, the power of removal from office is incident to the power of appointment.” Keim v. United States, 177 U. S. 290, 293 (1900); see also Crenshaw v. United States, 134 U. S. 99, 108 (1890); Cafeteria Workers v. McElroy, 367 U. S. 886, 896 (1961).

since neither claimant had worked 10 years in the mines, neither qualified for the presumptive entitlement under the interim Labor regulation, and their claims were adjudicated under more stringent… Held: The interim Labor regulation violates § 902(f)(2). Pp. 113-120.

Beech Aircraft Corporation v. Rainey, 488 U.S. 153 (1988), was a United States Supreme Court case that addressed a longstanding conflict among the Federal Courts of Appeals over whether Federal Rule of Evidence 803(8)(C), which provides an exception to the hearsay rule for public investigatory reports containing "factual findings," extends to conclusions and opinions contained in such reports. The court also considered whether the trial court abused its discretion in refusing to admit, on cross-examination, testimony intended to provide a more complete picture of a document about which the witness had testified on direct.

Petitioner National Collegiate Athletic Association (NCAA), an unincorporated association consisting of approximately 960 public and private universities and colleges, adopts rules governing member… Held: The NCAA's participation in the events that led to Tarkanian's suspension did not constitute "state action" prohibited by the Fourteenth Amendment and was not performed "under color of" state law within the meaning of § 1983.

Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly authorized by Congress. Justice Anthony Kennedy wrote for a unanimous court that the Secretary of Health and Human Services had exceeded his rulemaking authority under the Medicare Act in promulgating a wage index rule in 1984 under which he would recoup Medicare reimbursements paid to hospitals, including Georgetown University Hospital, that had been disbursed since 1981 according to the pre-1984 rule.

Held: nonetheless, that the evidence was properly excluded as “its probative value [was] outweighed by its possibility for prejudice.” App. to Pet. for Cert. A6. By way *231 of explanation, the court stated: “[T]here were the undisputed facts of race; Matthews was white and Russell was black.

Twenty-two months after respondent was allegedly unlawfully arrested and beaten by petitioners, two State University of New York police officers, he brought suit against them in the Federal District… Held: Where state law provides multiple statutes of limitations for personal injury actions, courts considering § 1983 claims should borrow the State's general or residual personal injury statute of limitations. Pp. 239-250.

In light of recent technological changes creating billions of possible electronic paths that an interstate telephone call can take from one point to another, which paths are often indirect, typically… Held: The Illinois tax does not violate the Commerce Clause, since it satisfies the final three prongs of the Complete Auto test. Pp. 259-267. (a) The tax is fairly apportioned.

At the conclusion of petitioner's direct testimony in his state-court trial for murder and related offenses, the trial judge declared a 15-minute recess and ordered that petitioner not be allowed to… Held: A showing of prejudice is not an essential component of a violation of the Geders rule, in light of the fundamental importance of the criminal defendant's constitutional right to be represented by counsel.

In 1967, appellant Pennsylvania electric utilities joined a venture to construct seven nuclear generating units. Held: This Court has jurisdiction to decide the case under 28 U.S.C. § 1257(2), which authorizes the Court to review by appeal "[f]inal judgments . . . rendered by the highest court of a State in which a decision could be had . . . where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the…

Two years after the last of the complained-of events occurred, petitioner, an officer of a local chapter of respondent union, filed suit… Held: Section 101(a)(2) claims are governed by state general or residual personal injury statutes of limitations. Pp. 323-334. (a) The well-established general rule requires that the most closely analogous state statute of limitations be borrowed for a federal cause of action not supplied by Congress with its own limitations period.

The West Virginia Constitution in relevant part establishes a general principle of uniform taxation so that all property, both real and personal, shall be… Held: The assessments on petitioners' property violated the Equal Protection Clause. There is no constitutional defect in a scheme that bases an assessment on the recent arm's-length purchase price of the property, and uses a general adjustment as a transitional substitute for an individual reappraisal of other parcels.

In an attempt to alleviate a financial crisis plaguing petitioner local union (Local), which is an affiliate of petitioner international union (International), the International's president appointed… Held: The removal of an elected business agent, in retaliation for statements he made at a union meeting in opposition to a dues increase sought by the union trustee, violates the LMRDA. Pp. 352-359.

Mistretta v. United States, 488 U.S. 361 (1989), is a case decided by the United States Supreme Court concerning the constitutionality of the United States Sentencing Commission.

A crude oil tanker owned by respondent United Carriers, Inc., a Liberian corporation, and chartered respondent Amerada Hess Corp., also a Liberian corporation, was severely damaged when it was… Held: The FSIA provides the sole basis for obtaining jurisdiction over a foreign state in United States courts, and the District Court correctly dismissed the action because the FSIA did not authorize jurisdiction over petitioner under the facts of this case. Pp. 433-443.

Florida v. Riley, 488 U.S. 445 (1989), was a United States Supreme Court decision which held that police officials do not need a warrant to observe an individual's property from public airspace.

City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), was a case in which the United States Supreme Court held that the minority set-aside program of Richmond, Virginia, which gave preference to minority business enterprises (MBE) in the awarding of municipal contracts, was unconstitutional under the Equal Protection Clause. The Court found that the city failed to identify both the need for remedial action and that other non-discriminatory remedies would be insufficient. Croson involved a minority set-aside program in the awarding of municipal contracts.

Respondents pleaded guilty to two separate conspiracy indictments in a single proceeding in District Court. Held: Respondents' double jeopardy challenge is foreclosed by their guilty pleas and convictions. Pp. 569-576. (a) In holding that the admissions inherent in a guilty plea "go only to the acts constituting the conspiracy," the Court of Appeals misapprehended the nature and effect of the plea.

Held: “[Freeman] did not engage in either the requisite conduct nor did he have the requisite mens rea or purpose to establish procurement for purposes of prostitution.” Ibid. In the succeeding section of its opinion, the California Supreme Court went on to observe that “even if [Freeman’s] conduct could somehow be found to come within the definition of ‘prostitution’ literally, the appli *1313 cation of the pandering…