AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Sentencing Institute and Joint Council for the Fifth Circuit 30 Federal Rules Decisions 185 (May 9th and 10th, 1961) The Sentencing Institute and Joint Council for the Fifth Circuit, provided by Section 334, Title 28 U.S.C., was authorized by the Judicial Conference of the United States at the request of our then Chief Judge of the Court of Appeals for the Fifth Circuit, Judge Richard T. Rives. Under this authorization the Director of the Administrative Office... 1961 Law Review Articles and Other Secondary Sources    
  Sewell V. Pegelow 291 F.2d 196, United States Court of Appeals Fourth Circuit, Docket Number 8286, 8287 (5/31/1961) Actions by federal prisoners for injunctive relief against alleged denial of constitutional rights because of prisoners' religion. The United States District Court for the Eastern District of Virginia, at Alexandria, Albert V. Bryan, Chief Judge, dismissed the complaints without hearing, and the prisoners appealed. The Court of Appeals, Sobeloff,... 1961 Cases   This is no longer good law for at least one of the points of law it contains.
  Singleton V. State 171 Tex.Crim. 196, Court of Criminal Appeals of Texas, Docket Number 33132 (3/22/1961) Defendant was convicted of rape, and from a judgment of the Criminal District Court, Jefferson County, Owen M. Lord, J., the defendant appealed. The Court of Criminal Appeals, Morrison, J., held that the evidence sustained the conviction as against defense of insanity; that the grand jury was properly assembled; and that defendant was not denied... 1961 Cases    
Louis L. Jaffe Standing to Secure Judicial Review: Private Actions 75 Harvard Law Review 255 (December, 1961) Concluding a two-part article, Professor Jaffe examines the standing problems presented when persons seek either to intervene in administrative proceedings or to obtain judicial review of administrative action on the ground that their individual interests are being affected. He reviews the development of criteria of standing in English and federal... 1961 Law Review Articles and Other Secondary Sources    
  State V. Arradondo 260 Minn. 512, Supreme Court of Minnesota, Docket Number 38181 (8/4/1961) Prosecution for carnal knowledge of a 16-year-old girl. From an order of the District Court, Hennepin County, Harold N. Rogers, J., the defendant appealed. The Supreme Court, Gallagher, J., held that the defendant's voluntarily signed typewritten statement admitting his guilt of the crime had properly been received in evidence where the statement... 1961 Cases    
  State V. Avent 253 N.C. 580, Supreme Court of North Carolina, Docket Number 654 (1/20/1961) Defendants were convicted of unlawful entry and trespass for entering luncheonette department of privately owned variety store and refusing to leave lunch counter at order of manager. The Superior Court, Durham County, Raymond B. Mallard, J., rendered judgment, and defendants appealed. The Supreme Court, Parker, J., held that defendants were guilty... 1961 Cases   This is no longer good law for at least one of the points of law it contains.
  State V. Goldfinch 241 La. 958, Supreme Court of Louisiana, Docket Number 45491 (6/29/1961) Prosecution on charge of cirminal mischief. From an adverse judgment of the Criminal District Court, Parish of Orleans, J. Bernard Cocke, J., the defendants appealed. The Supreme Court, Summers, J., held that action of store manager in refusing defendants service at counter reserved for whites in accordance with policy established by manager for... 1961 Cases   This is no longer good law for at least one of the points of law it contains.
  State V. Jones 45 Haw. 247, Supreme Court of Hawai'i, Docket Number 4182 (9/20/1961) Prosecution for first degree robbery. The defendant was convicted by a judgment of the First Circuit Court of the City and County of Honolulu, H. R. Hewitt, J., and the defendant brought error. The Supreme Court, Tsukiyama, C. J., held that a prospective juror who on voir dire revealed a strong sympathy in favor of acquittal even if otherwise... 1961 Cases    
  State V. Levitt 36 N.J. 266, Supreme Court of New Jersey, Docket Number A-22 (12/18/1961) Prosecution on charge of committing a private act of lewdness. The Burlington County Court granted defendant's motion to set aside the verdict and for a new trial, and the State appealed, and while the appeal was pending in the Appellate Division, the Supreme Court certified the matter on its own motion. The Supreme Court, Proctor, J., held that... 1961 Cases    
  State V. Outen 237 S.C. 514, Supreme Court of South Carolina, Docket Number 17734 (1/11/1961) Prosecution for rape. The General Sessions Court, Richland County, James Hugh McFaddin, J., entered a judgment of conviction, and the defendant appealed. The Supreme Court, Moss, J., held that testimony of the physical condition of the prosecutrix within a few hours after the alleged rape was admissible, and that the evidence support the... 1961 Cases   This is no longer good law for at least one of the points of law it contains.
  State V. Prevo 44 Haw. 665, Supreme Court of Hawai'i, Docket Number 4190 (3/14/1961) The defendant was convicted in the Circuit Court, First Circuit, City and County of Honolulu, Allen R. Hawkins, J., of being present at a game prohibited by the gambling statute, and she brought error. The Supreme Court, Wirtz, J., held that the game fascination was a gambling game prohibited by statute, where the... 1961 Cases    
  State V. Rogers 241 La. 841, Supreme Court of Louisiana, Docket Number 45370 (6/29/1961) The defendant was convicted of murder. The Thirteenth Judicial District Court, Parish of Evangeline, J. Cleveland Fruge , J., entered judgment, and the defendant appealed. The Supreme Court, Hamlin, J., held, inter alia, that the denial of a change of venue was not an abuse of the trial judge's discretion in the absence of proof that the public... 1961 Cases    
  Statement as to Jurisdiction, City of New Orleans V. Bush Supreme Court of the United States, Docket Number No. 812 (3/15/1961) Appellant, the City of New Orleans, appeals from a judgment of the United States District Court for the Eastern District of Louisiana, entered on December 21, 1960, declaring... 1961 Briefs    
  Stewart V. State 233 Ark. 458, Supreme Court of Arkansas, Docket Number 4996 (4/17/1961) Prosecution for murder. From a judgment of the Circuit Court, Pulaski County, William J. Kirby, J., the defendant appealed. The Supreme Court, Holt, J., held that the refusal of the trial court to include in the instruction covering the defense of insanity, that insanity caused by a defect or deficiency in the mind is a valid defense, was not... 1961 Cases    
  Stokes V. State 240 Miss. 453, Supreme Court of Mississippi, Docket Number 41694 (3/6/1961) The defendant was convicted of murder by a judgment of the Circuit Court of Jones County, Lunsford Casey, J., and the defendant appealed. The Supreme Court, McElroy, J., held that there was no abuse of discretion in denying a motion for change of venue where voir dire examination showed that by a fair proportion of jurors examined defendant could... 1961 Cases    
  Suitable Home Tests under Social Security: a Functional Approach to Equal Protection 70 Yale Law Journal 1192 (June, 1961) Legislative proposals now being considered by Congress to overrule a recent decision by the Secretary of Health, Education and Welfare to withhold federal funds from states imposing certain eligibility requirements upon the receipt of benefits under the Social Security Act may compel reexamination of the scope and meaning of the equal protection... 1961 Law Review Articles and Other Secondary Sources    
  Supreme Court, 1960 Term 75 Harvard Law Review 83 (November, 1961) For those who feel that the Supreme Court's workload has a deleterious effect on the quality of the decisions, the statistics for the 1960 Term offer little cause for optimism. A total of 2213 cases appeared on the various dockets this Term, 135 more than during the 1959 Term, while the number of newly docketed cases increased by 106. The total... 1961 Law Review Articles and Other Secondary Sources    
  Talsky V. Public Utilities Commission of Cal. Docket Number 57 Cal.2d 463, Supreme Court of California, In Bank, Docket Number S.F. 20809 (6/28/1961) Proceeding for review of a Public Utilities Commission order directing a carrier to cease and desist from operating as a highway common carrier and suspending its permits. The Supreme Court, Dooling, J., held that the evidence supported the Commission's finding that the carrier, permitted to operate as highway contract carrier and radial highway... 1961 Cases   This has some negative history but hasn’t been reversed or overruled.
Lt. Colonel Walter I. Horlick , Hq, USAF The Assimilative Crimes Act 3 Air Force Law Review 21 (September, 1961) Our form of government subjects all citizens to both federal and state laws. In this dual system, The General Government and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The lawful powers of the... 1961 Law Review Articles and Other Secondary Sources    
Harry H. Wellington The Constitution, the Labor Union, and "Governmental Action" 70 Yale Law Journal 345 (January, 1961) Lee Oliphant could not join the Brotherhood of Locomotive Firemen and Enginemen. Yet under the Railway Labor Act this union represented him in negotiations with his employer. The Brotherhood took to membership white locomotive-firemen; by constitutional provision it excluded all others. Oliphant was by occupation a locomotive-fireman on the... 1961 Law Review Articles and Other Secondary Sources    
  The Constitutional Right to Anonymity: Free Speech, Disclosure and the Devil 70 Yale Law Journal 1084 (June, 1961) Today there is a recognized right to speak and write anonymously and to participate anonymously in group activities. The Supreme Court has developed this right as a derivative of the protection given speech, assembly, the press, religion, and petition by the first and fourteenth amendments. Several members of the Court have, however, denied that... 1961 Law Review Articles and Other Secondary Sources    
Alexander M. Bickel The Supreme Court 1960 Term Foreword: the Passive Virtues 75 Harvard Law Review 40 (November, 1961) The volume of the Supreme Court's business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and far-reaching issues offered up for decision in any single Term is, in some part at least, a matter of the accidents of litigation. Accident, so far as we can tell, contrived to make... 1961 Law Review Articles and Other Secondary Sources    
  Times Film Corp. V. City of Chicago 365 U.S. 43, Supreme Court of the United States, Docket Number 34 (1/23/1961) Suit to restrain city officials from interfering with exhibition of motion picture. The District Court, 180 F.Supp. 843, dismissed the complaint, and an appeal was taken. The Court of Appeals for the Seventh Circuit, 272 F.2d 90, affirmed. On certiorari granted, the Supreme Court, Mr. Justice Clark, held that there is no complete and absolute... 1961 Cases   This has some negative history but hasn’t been reversed or overruled.
  Truitt V. Gaines 199 F.Supp. 143, United States District Court D. Delaware, Docket Number CIV. 2150 (8/23/1961) Diversity action for personal injuries sustained by minor and his mother, and for medical expenses and loss of consortium. The District Court, Leahy, J., held that where rural schoolteacher, charged with responsibility of making administrative decisions in absence of higher officials, feeling that injured student was staying out of school too long... 1961 Cases   This has some negative history but hasn’t been reversed or overruled.
  U.s. V. U.s. Klans, Knights of Ku Klux Klan, Inc. 194 F.Supp. 897, United States District Court, M.D. Alabama, Northern Division, Docket Number CIV.1718-N (6/2/1961) Proceeding on motion of the United States for certain injunctive relief against certain organizations, and members thereof, and certain city officials in regard to facilitating travel of passengers in interstate commerce. The District Court, Johnson, J., held that the federal government was entitled to injunctive relief against named organizations... 1961 Cases    
  U.s. V. Worcester 190 F.Supp. 548, United States District Court, D. Massachusetts, Docket Number 57-63-W, CRIM 57-62-W (1/5/1961) Proceeding for revocation of probation. The District Court, Wyzanski, J., held that the court had power to impose upon the probationer a condition that he disclose to the proper authorities evidence relevant to crime of which he was convicted and that where the district attorney complained that the condition had not been fulfilled the court had the... 1961 Cases    
  Urban Renewal - City Council's Designation of "Slum Area" for Redevelopment Project Is Conclusive on Court Despite Allegations of Fraud and Arbitrariness. - Allen V. City Council (Ga. 1960) 74 Harvard Law Review 799 (February, 1961) Pursuant to article XVI of the Georgia constitution and the state's Urban Redevelopment Law, the city council of Augusta adopted a resolution declaring that a certain portion of the city met the criteria for designation as a slum area and thus qualified for a redevelopment project. The petitioners, living and owning property within the described... 1961 Law Review Articles and Other Secondary Sources    
  Village of Inkster V. Board of Sup'rs of Wayne County 363 Mich. 165, Supreme Court of Michigan, Docket Number 67 (4/26/1961) Action to contest the validity of statutory proceedings for incorporation of the home rule city of Dearborn Heights. The Circuit Court for the County of Wayne, Carl M. Weideman, J., rendered judgment upholding the incorporation and the plaintiffs appealed. The Supreme Court held that, in incorporation proceedings under the home rule city act, part... 1961 Cases    
  Walton V. State 233 Ark. 999, Supreme Court of Arkansas, Docket Number 5001 (10/16/1961) Convicted, in the Circuit Court, Little River County, Bobby Steele, J., of murder, the defendant appealed. The Supreme Court, George Rose Smith, J., held that the evidence was sufficient and that there was no error in permitting the prosecution to peremptorily challenge juror when, after he had been accepted by both sides, it was discovered that he... 1961 Cases   This is no longer good law for at least one of the points of law it contains.
  Wareham V. Wareham 195 Cal.App.2d 64, District Court of Appeal, Second District, Division 1, California, Docket Number CIV. 25093 (8/21/1961) Proceeding for modification of interlocutory divorce decree. The Superior Court, Los Angeles County, John P. Oliver, J. pro tem., entered an order modifying the decree. The plaintiff husband appealed. The District Court of Appeal, Lillie, J., held that the evidence supported the findings that the wife at the time of the child's possible conception... 1961 Cases    
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