Today in Supreme Court History: April 11, 1862

4/11/1862: Chief Justice Charles Evans Hughes's birthday.

Chief Justice Charles Evans Hughes

Comments

[Dan Schiavetta]

Pierson v. Ray, 386 U.S. 547 (decided April 11, 1967): state judges are immune from §1983 liability for judicial acts (here, an allegedly racist sentencing decision against plaintiffs who were trying to integrate a whites-only bus station)

New York Indians v. United States, 170 U.S. 1 (decided April 11, 1898): need another treaty (or Congressional authorization) to throw Indian lands open to settlement after tribe did not move onto land within time required by treaty

Specht v. Patterson, 386 U.S. 605 (decided April 11, 1967): can’t sentence someone for something he wasn’t convicted for even though related to offense for which he was convicted (convicted for “indecent liberties” carrying maximum 10 year sentence but then sentenced for indeterminate term under state Sex Offenders Act)

Granville-Smith v. Granville-Smith, 349 U.S. 1 (decided April 11, 1955): striking down Virgin Islands statute requiring six weeks residency before filing for divorce because V.I. could only legislate on local matters and statute was designed to apply to those outside

The Linseed King, 285 U.S. 502 (decided April 11, 1932): admiralty law applied to suit arising from ferry sinking after hitting ice in lower Hudson River (between Edgewater, N.J. and 96th Street, Manhattan)

United States v. Lefkowitz, 285 U.S. 452 (decided April 11, 1932): need warrant for “general exploratory search” of residence incident to arrest for violation of liquor laws (more or less overruled, see discussion in Arizona v. Gant, 2009)

The Northern Belle, 154 U.S. 571 (decided April 11, 1870): affirming damages arising from breaking apart of barge on sand bar; barge had rotten timbers and though wind was violent, if properly repaired would not have foundered

Joseph Schlitz Brewing Co. v. United States, 181 U.S. 584 (decided April 11, 1901): bottles and corks are not “ingredients” of beer and therefore brewer not entitled to refund of tariffs on “imports” such as the hops and barley; brewer had argued that bottled beer is in the nature of an ingredient because the beer has to be in the bottle for heating to prevent second fermentation (I think I’ll order just from the tap from now on)

Hale v. Kentucky, 303 U.S. 613 (decided April 11, 1938): conviction of black man vacated upon showing that blacks had been excluded from grand jury service

Smiley v. Holm, 285 U.S. 355 (decided April 11, 1932): where state (Ohio) must be redistricted, but proposed redistricting was vetoed by governor, there are no districts and Representatives have to be elected at large

[John F. Carr]

Despite Pierson v. Ray judges in the Middle District of Pennsylvania found the so-called "kids for cash" judges liable on the grounds that plaintiffs' "right to an impartial tribunal" was violated. Docket at https://www.courtlistener.com/docket/4373155/wallace-v-powell/?page=6 but most documents are unavailable.

[not guilty]

Interesting lawsuit. It appears that one of the judges failed to appear and judgment by default was entered against him. (Judicial immunity is in the nature of an affirmative defense and may be waived by a defendant.)

The other judge was held to be immune from suit for damages for his judicial conduct, but liable for his non-judicial conduct. https://storage.courtlistener.com/recap/gov.uscourts.pamd.75126/gov.uscourts.pamd.75126.1510.0.pdf

[John F. Carr]

The case of Specht v. Patterson reminds me of a suspected pedophile priest charged in the wake of the sex abuse scandal in the Archdiocese of Boston. Law enforcement feared they couldn't get him on any real charges due to reluctant witnesses and the statute of limitations. But they had evidence that he had touched a boy's clothed butt within the statute of limitations for indecent assault. He got 9 years for that, obviously not for the offense itself but for all he wasn't charged with. That sentence put him in a maximum security facility where prison staff arranged to have him killed.

[Dr. Ed 2]

Version I heard is Mass DOC got into a bleepload of trouble for that.

[John F. Carr]

Does Hale v. Kentucky make three blacks-excluded-from-grand-jury cases in the past month?

[Dan Schiavetta]

I don’t deliberately search for them, like I do with slave cases. One wonders why the Court has to keep putting its foot down on this issue.

[SRG]

Because it's a free option for the prosecution. Have an all-white jury. When the jury convicts - how often was there an acquittal? - either there's an appeal, in which case ultimately they end up retrying the appellant, so they're no worse off than before, or there's no appeal in which case they win! And there will be no adverse professional consequences. And there was no professional benefit to them to seat a mixed jury.

FWIW I can't find what happened to Hale if there had been a retrial. On the facts alleged, had the colours been reversed, Hale would have been hailed as a hero for killing a black man harrassing white women.

[Dr. Ed 2]

"Joseph Schlitz Brewing Co. v. United States" -- it's called "Pasteurization" and I think you will find your keg beer is as well -- it helps preserve it against spoilage. It's why Coors doesn't have to be kept refrigerated anymore.

My guess is the cork was for the bottlecaps, which were lined with cork before plastic as they now are, and they heated beer in the bottles back then.

[SRG]

To this day some beers use cork stoppers – some of the Belgian lambic brewers, for example, and Jenlain.

[Dan Schiavetta]

I spent many hours contemplating the cork on the insides of bottle caps. It’s amazing what you can fixate on when you’re shitfaced. My favorite was Miller High Life (I think) which had cute sayings printed on them which I would contemplate with a thoroughness I don’t think I can muster now.

[Mr. Bumble]

Well that explains a lot.