The Court consolidated the appeals of Samuel Roth and David Alberts. Roth had been convicted of violating a federal statute (18 U.S.C.A. § 1461) that made it a crime to mail obscene advertising and reading materials. Alberts, a California mail-order seller, was convicted for keeping obscene books in violation of California law. Both the federal and state courts of appeal had upheld their re…
Plaintiff: Quentin ReynoldsDefendants: Westbrook Pegler, The Hearst Corporation, and Hearst Consolidated PublicationsPlaintiff Claims: That a certain column published by the defendants on November 29, 1949 libeled the plaintiffChief Defense Lawyer: Charles HenryChief Lawyers for Plaintiff: Walter S. Beck, Paul Martinson, and Louis NizerJudge: Edward WeinfeldPlace: New York, New YorkDates of Trial:…
Appellants: Several parents of African-American children of elementary school age in Topeka, KansasDefendant Board of Education of Topeka, KansasAppellants Claim: That the segregation of white and African-American children in the public schools of Topeka solely on the basis of race denied the African-American children equal protection under the law guaranteed by the Fourteenth AmendmentChief Defen…
Defendant: Samuel SheppardCrime Charged: MurderChief Defense Lawyers: First trial: William J. Corrigan, William Corrigan, Jr., Fred Garmone, and Arthur E. Petersilge; Second trial: F. Lee BaileyChief Prosecutors: First trial: Saul S. Danaceau, John J. Mahon, and Thomas J. Parrino; Second trial: John CorriganJudges: First trial: Edward C. Blythin; Second trial: Francis J. TaltyPlace: Cleveland, Ohi…
Plaintiffs: Smokers, their next of kin, and the state and federal governmentsDefendants: Philip Morris Company; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; Lorillard Tobacco Corporation; The Liggett Group, Inc.; American Tobacco Company; British American Tobacco, P.L.C.; and other tobacco-related entitiesPlace: VariousDates of Trials: 1954-present SIGNIFICANCE: Th…
Defendant: Burton W. AbbottCrimes Charged: Murder and kidnappingChief Defense Lawyer: Stanley D. WhitneyChief Prosecutors: Frank Coakley and Folger EmersonJudge: Wade SnookPlace: Oakland, CaliforniaDates of Trial: November 7, 1955-January 25, 1956Verdict: GuiltySentence: Death SIGNIFICANCE: Shrewd advocacy and the marshaling of highly charged emotions overcame evidential limitations in one of Cali…
Defendants: Wilhelm Reich, Michael Silvert, the Wilhelm Reich FoundationCrime Charged: Criminal contempt of courtChief Defense Lawyers: Wilhelm Reich and Michael Silvert, representing themselves; William Moise, representing the Wilhelm Reich Foundation; on appeal, Charles HaydonChief Prosecutors: Joseph L. Maguire, Peter MillsJudge: George C. SweeneyPlace: Portland, MaineDate of Trial: May 3-7, 19…
Defendant: Matthew McKeonCrimes Charged: Drinking in enlisted barracks, oppression of 74 recruits, culpable negligence in the deaths of six recruits, oppression of the six dead recruits, drinking in front of a recruitChief Defense Lawyers: Emile Zola Berman, Thomas CostelloChief Prosecutors: Charles B. Sevier, Frederick M. Haden, William Otten, Jr.Judges: Edward L. Hutchinson (President), Nicholas…
Defendant: Cheryl Christina CraneCrime Investigated: Homicide of Johnny StompanatoChief Defense Lawyer: Jerry GeislerChief Prosecutor: William B. McKessonCoroner: Theodore J. CurpheyPlace: Los Angeles, CaliforniaDate of Inquest: April 11, 1958Verdict: Justifiable homicide SIGNIFICANCE: The explosive plot and star-studded cast of this particular Hollywood spectacle once again showed that the cellul…
Defendants: Charles Starkweather, Caril FugateCrime Charged: MurderChief Defense Lawyers: T. Clement Gaughan, William F. Matschullat, John McArthurChief Prosecutors: Elmer Scheele, Dale FahrnbruchJudge: Harry A. SpencerPlace: Lincoln, NebraskaDates of Trials: Starkweather: May 5-23, 1958; Fugate: October 27-November 21, 1958Verdict: GuiltySentence: Starkweather: death; Fugate: life imprisonment SI…
Defendants: Raymond Bernard Finch and Carole TregoffCrime Charged: MurderChief Defense Lawyers: Don Bruggold, Grant Cooper, Rexford Egan, and Robert A. Neeb, Jr.Chief Prosecutors: First trial: Clifford C. Crail, William H. McKesson, and Fred N. Whichello; Second trial: Clifford C. Crail; Third trial: Clifford C. CrailJudges: First trial: Walter R. Evans; Second trial: LeRoy Dawson; Third trial: Da…
Opinion of the Supreme Court of Arizona, April 22, 1965 . . . . . . .257 Opinion of the Supreme Court of California, People v. Stewart, March 25, 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .267 Briefs to the U.S. Supreme Court Brief for Petitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .274 Brief for Respondent . . . . . . …
Defendants: Richard E. Hickock and Perry E. SmithCrime Charged: MurderChief Defense Lawyers: Arthur Fleming and Harrison SmithChief Prosecutors: Logan Greene and Duane WestJudge: Roland H. TatePlace: Garden City, KansasDates of Trial: March 22-29, 1960Verdict: GuiltySentence: Death by hanging SIGNIFICANCE: The case provided a classic example of the limitations of the M'Naghten Test by which…
Appellant: Bruce Boynton.Defendant: Commonwealth of VirginiaAppellant Claim: Unlawful arrestChief Defense Lawyer: Walter E. RogersChief Lawyer for Appellant: Thurgood MarshallJustices: Hugo L. Black, William J. Brennan, Jr., Tom C. Clark, William 0. Douglas, Felix Frankfurter, John Marshall Harlan, Potter Stewart, Earl Warren, Charles E. Whittaker.Place: Washington, D.C.Date of Decision: December …
Defendant: Clarence Earl GideonCrime Charged: Breaking and enteringChief Defense Lawyers: First trial: None; Second trial: W. Fred TurnerChief Prosecutor: First trial: William E. Harris; Second trial: J. Frank Adams, J. Paul Griffith, and William E. HarrisJudge: Robert L. McCrary, Jr.Place: Panama City, FloridaDates of Trials: First trial: August 4, 1961;Second trial: August 5, 1963Verdict: First …
Plaintiff: John Henry FaulkDefendants: Aware, Inc., Vincent Hartnett, and Laurence A. JohnsonPlaintiff Claim: Damages for libel and conspiracyChief Defense Lawyer: Thomas A. BolanChief Lawyer for Plaintiff: Louis NizerJudge: Abraham N. GellerPlace: New York, New YorkDates: April 23—July 29, 1962Verdict: Award for compensatory damages in the amount of $1 million, plus $2.5 million in punitiv…
Opinion of the Supreme Court of Alabama, August 30, 1962 . . . . .355 Brief to the U.S. Supreme Court Brief for the Petitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .376 "Heed Their Rising Voices" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .412 Briefs to the U.S. Supreme Court Brief for Respondent . . . . . . . . . . . . . . . . . . . . . …
THE NEW YORK TIMES COMPANY, PETITIONER,V.L. B. SULLIVAN, RESPONDENT The opinion of the Supreme Court of Alabama (R. 1139) is reported in 273 Ala. 656, 144 So. 2d 25. The opinion of the Circuit Court, Montgomery County, on the petitioner's motion to quash service of process (R. 49) is unreported. There was no other opinion by the Circuit Court. The judgment of the Supreme Court of Alabama (R…
THE NEW YORK TIMES COMPANY, PETITIONER,V.L. B. SULLIVAN, RESPONDENT Statutes referred to in this brief are contained in an appendix hereto. …
Going out of their way to avoid trouble, the regents made the prayer entirely optional. Both local school boards and parents could decide if it would be used. Nevertheless, its authors had not written it only to try their hand at prayer making. "We believe," they wrote, "that this Statement will be subscribed to by all men and women of good will, and we call upon all of them t…
RALPH D. ABERNATHY,FRED L. SHUTTLESWORTH,S. S. SEAY, SR., ANDJ. F. LOWERY, PETITIONERS,V.L. B. SULLIVAN, RESPONDENT The Trial Court (Circuit Court of Montgomery County) did not write an opinion. Its judgment is printed at R. 862. The Opinion of the Alabama Supreme Court (R. 1139) affirming said judgment is reported at 273 Ala. 656. The judgment of the Supreme Court of Alabama was entered on August…
RALPH D. ABERNATHY ET AL., PETITIONERS,V.L. B. SULLIVAN, RESPONDENT The opinion of the Supreme Court of Alabama (R. 1139) is reported in 273 Ala. 656, 144 So. 2d 25. Petitioners have sought to invoke this Court's jurisdiction under 28 U.S.C., § 1257 (3). Statutes referred to in this brief are contained in an appendix. …
Lawrence Robinson was stopped on a city street by a Los Angeles police officer, who had noticed that Robinson's arms were scabbed, discolored, and filled with needle marks. The officer arrested Robinson, who was sent to the Los Angeles central jail. The next day his arms were again examined, this time by a member of the narcotics division of the police department. Based on his examination, …
Opinion of U.S. District Court, D. Kansas, August 3, 1951 . . . . . . . . .2 Initial Briefs to the U.S. Supreme Court Brief for Appellants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Appendix to Appellants' Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Brief for Appellees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …