Today in Supreme Court History: March 18, 2008

3/18/2008: District of Columbia v. Heller argued.

Comments

[Dan Schiavetta]

My comment is not posting. I've tried it twice. Perhaps it's something I said?

[Dan Schiavetta]

I deleted the two links included and yet again my summaries didn't show up. Josh -- don't you love me anymore?

[Dilan Esper]

The Judicial Conference recommended your summaries not be posted.

[Dan Schiavetta]

Gideon v. Wainwright, 372 U.S. 335 (decided March 18, 1963): “If you can’t afford a lawyer, one will be appointed for you.” (In high school I saw a re-enactment of this case with the actual Mr. Gideon playing himself. One must admit, he was a gutsy guy. I recommend “Gideon’s Trumpet”, by Anthony Lewis.)

[Dan Schiavetta]

The Antelope, 23 U.S. 66 (decided March 18, 1825): Marshall: slave trade is o.k. except when specifically prohibited; here, allows return of Spanish slaves but not those captured on American vessel (which were returned to Africa later)

[Dan Schiavetta]

The Plattsburgh, 23 U.S. 133 (decided March 18, 1825): another case forfeiting a vessel for violation of slave trade restrictions even though not outfitted for journey yet

[Dan Schiavetta]

Tharpe v. Ford, 139 S.Ct. 911 (decided March 18, 2019): Court denies cert of attempted opening of 1991 murder verdict based on racist views of one juror; Sotomayor agrees with denial, which is based on procedural grounds, but laments the procedural roadblocks to hearing such an obviously meritorious claim (somehow this juror candidly discussed his views with lawyers for both sides, and even signed an affidavit — he repeats what Chris Rock said about “black folks v. n*****s” but goes way beyond that — it has to be read to be believed) (Tharpe died of natural causes on death row in January 2020)

[Dan Schiavetta]

Southeastern Productions v. Conrad, 420 U.S. 546 (decided March 18, 1975): “Hair”, the “tribal love-rock musical” (as it was described in my time) could not be banned without procedural safeguards (no unbridled discretion by censor, full and fair hearing, and opportunity for prompt judicial review) (to me the highlights were “Frank Mills” and “Good Morning Starshine”, showing an unashamed, childlike delight in things, unafraid of mockery — it takes courage to be like that, /no sarc)

[Dan Schiavetta]

Fay v. Noia, 372 U.S. 391 (decided March 18, 1963): habeas petition can be heard despite failure to abide by state rule requiring exhaustion of state remedies (limited by Wainwright v. Sykes, 1977, which held that failure to abide by state rule that objection was to be made at trial or be waived was independent state ground for denial which precludes federal court intervention)

[Dilan Esper]

And further limited by 28 USC 2254(b)(1)(A).

[Dan Schiavetta]

yes, thanks

[Dan Schiavetta]

Young v. Harper, 520 U.S. 143 (decided March 18, 1997): prisoner released on “pre-parole” program (designed to reduce overcrowding in prison) was entitled to due process protections before revoked and sent back to prison (opinion by Thomas on this “narrow question”)

[Dan Schiavetta]

Dalton v. Little Rock Family Planning Services, 516 U.S. 474 (decided March 18, 1996): striking state law prohibiting state funding of abortions “except to save the mother’s life” if combined with federal funds because Medicaid allows also for rape/incest (Hyde Amendment); holding can’t be in perpetuity because in the future federal rule might change

[Dan Schiavetta]

United States v. Gagnon, 470 U.S. 522 (decided March 18, 1985): Defendant was observed drawing sketches of the jury during trial. O.K. to have in-camera hearing with one juror who was concerned about this, attended by other counsel, and artistic defendant waived his right to be present by not invoking that right (did he even know he had that right?). OT, but I giggled out of my theater seat when my girlfriend and I saw this juror-with-a-pen scene in the 1990 film "Ernest Goes to Jail", (link deleted) she was looking around and hoping no one would see me, I suppose like Ernest himself, who turns out to be a dead ringer for the real killer!) (or when he goes on a date with a fellow bank employee after being “magnetized” by the floor polisher, (link deleted)

[The Margrave of Azilia]

She was worried about you laughing in an Ernest movie? I remember them being funnier than that.

[Dan Schiavetta]

I was really out of control.

She didn't really "get" a lot of the humor, though she did laugh at the restaurant scene.

[The Margrave of Azilia]

Wait, Jim Varney died of cancer at 50! Well, sic transit gloria mundi, know what I mean?

RIP

[Dan Schiavetta]

There's a guy in our amateur orchestra who looks like Varney and even sounds like him (or at least his Ernest character). I even called him "Jim" once by accident (probably others have done that too).

On youtube you can see Varney's early work doing Shakespeare. Talented!

[Dan Schiavetta]

For some reason it won't post, but my last case today was Burns v. Alcala. I suppose you can look it up.