The Oyez Project: 1992 Term Arguments

Alexander v. United States (No. 91-1526) - Oral Argument

Tue, 12 Jan 1993 12:00:00 -0500

No details yet.

Antoine v. Byers & Anderson, Inc. (No. 91-7604) - Oral Argument

Tue, 30 Mar 1993 12:00:00 -0500

No details yet.

Arave, Warden v. Creech (No. 91-1160) - Oral Argument

Tue, 10 Nov 1992 12:00:00 -0500

No details yet.

Austin v. United States (No. 92-6073) - Oral Argument

Tue, 20 Apr 1993 12:00:00 -0500

No details yet.

Bath Iron Works Corp. v. Director, Office Of Workers' Compensation Programs, United States Department Of Labor (No. 91-871) - Oral Argument

Wed, 04 Nov 1992 12:00:00 -0500

No details yet.

Brecht v. Abrahamson (No. 91-7358) - Oral Argument

Tue, 01 Dec 1992 12:00:00 -0500

No details yet.

Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. (No. 92-466) - Oral Argument

Mon, 29 Mar 1993 12:00:00 -0500

No details yet.

Buckley v. Fitzsimmons (No. 91-7849) - Oral Argument

Mon, 22 Feb 1993 12:00:00 -0500

No details yet.

Bufferd v. Commissioner Of Internal Revenue (No. 91-7804) - Oral Argument

Mon, 30 Nov 1992 12:00:00 -0500

No details yet.

Building & Construction Trades Council Of The Metropolitan District v. Associated Builders & Contractors Of Massachusetts/ Rhode Island, Inc. (No. 91-261) - Oral Argument

Wed, 09 Dec 1992 12:00:00 -0500

No details yet.

Cardinal Chemical v. Morton International (No. 92-114) - Oral Argument

Wed, 03 Mar 1993 12:00:00 -0500

No details yet.

Church Of Scientology Of California v. United States (No. 91-946) - Oral Argument

Tue, 06 Oct 1992 12:00:00 -0500

No details yet.

Church of the Lukumi Babalu Aye v. Hialeah (No. 91-948) - Oral Argument

Wed, 04 Nov 1992 12:00:00 -0500

No details yet.

Cisneros, Secretary Of Housing And Urban Development v. Alpine Ridge Group (No. 92-551) - Oral Argument

Tue, 30 Mar 1993 12:00:00 -0500

No details yet.

City Of Cincinnati v. Discovery Network, Inc. (No. 91-1200) - Oral Argument

Mon, 09 Nov 1992 12:00:00 -0500

No details yet.

Commissioner Of Internal Revenue v. Soliman (No. 91-998) - Oral Argument

Mon, 05 Oct 1992 12:00:00 -0500

No details yet.

Commissioner Of Internal Revenue v. Keystone Consolidated Industries, Inc. (No. 91-1677) - Oral Argument

Mon, 22 Feb 1993 12:00:00 -0500

No details yet.

Concrete Pipe & Products Of California, Inc. v. Construction Laborers Pension Trust For Southern California (No. 91-904) - Oral Argument

Tue, 01 Dec 1992 12:00:00 -0500

No details yet.

Conroy v. Aniskoff (No. 91-1353) - Oral Argument

Mon, 11 Jan 1993 12:00:00 -0500

No details yet.

Crosby v. United States (No. 91-6194) - Oral Argument

Mon, 09 Nov 1992 12:00:00 -0500

No details yet.

Csx Transportation, Inc. v. Easterwood (No. 91-790) - Oral Argument

Tue, 12 Jan 1993 12:00:00 -0500

No details yet.

Darby v. Cisneros, Secretary Of Housing And Urban Development (No. 91-2045) - Oral Argument

Mon, 22 Mar 1993 12:00:00 -0500

No details yet.

Daubert Et Ux., Individually And As Guardians Ad Litem For Daubert v. Merrell Dow Pharmaceuticals, Inc. (No. 92-102) - Oral Argument

Tue, 30 Mar 1993 12:00:00 -0500

No details yet.

Deal v. United States (No. 91-8199) - Oral Argument

Mon, 01 Mar 1993 12:00:00 -0500

No details yet.

Delaware v. New York (No. 111 ORIG) - Oral Argument

Wed, 09 Dec 1992 12:00:00 -0500

No details yet.

District Of Columbia v. Greater Washington Board Of Trade (No. 91-1326) - Oral Argument

Tue, 03 Nov 1992 12:00:00 -0500

No details yet.

Edenfield v. Fane (No. 91-1594) - Oral Argument

Mon, 07 Dec 1992 12:00:00 -0500

No details yet.

Farrar, Coadministrators Of Estate Of Farrar, Deceased v. Hobby (No. 91-990) - Oral Argument

Wed, 07 Oct 1992 12:00:00 -0500

No details yet.

FCC v. Beach Communications, Inc. (No. 92-603) - Oral Argument

Mon, 29 Mar 1993 12:00:00 -0500

No details yet.

Fex v. Michigan (No. 91-7873) - Oral Argument

Tue, 08 Dec 1992 12:00:00 -0500

No details yet.

Godinez, Warden v. Moran (No. 92-725) - Oral Argument

Wed, 21 Apr 1993 12:00:00 -0500

No details yet.

Good Samaritan Hospital v. Shalala, Secretary Of Health And Human Services (No. 91-2079) - Oral Argument

Mon, 22 Mar 1993 12:00:00 -0500

No details yet.

Graham v. Collins, Director, Texas Department Of Criminal Justice, Institutional Division (No. 91-7580) - Oral Argument

Wed, 14 Oct 1992 12:00:00 -0500

No details yet.

Granite State Insurance Company v. Tandy Corporation (No. 91-2086) - Oral Argument

Tue, 23 Feb 1993 12:00:00 -0500

No details yet.

Growe, Secretary Of State Of Minnesota v. Emison (No. 91-1420) - Oral Argument

Mon, 02 Nov 1992 12:00:00 -0500

William McKinney, a Nevada state prisoner, sued his warden and several other prison officials for violating his Eighth Amendment rights by subjecting him to unhealthy levels of second-hand smoke. McKinney shared a cell with a man who smoked five packs of cigarettes a day. He claimed that his health - both current and future - was being harmed by the smoke, and that the prison officials were "deliberately indifferent" to the risk in violation of the Supreme Court's decision in Wilson v. Seiter, 501 U.S. 294. After a federal magistrate ruled that he did not have an Eighth Amendment right to a smoke-free environment and that he had failed to prove any "serious medical needs," the Ninth Circuit Court of Appeals reversed, holding that he should have been given another opportunity to prove that the smoke levels were sufficient to constitute an unreasonable danger to his future health.

Hadley v. United States (No. 91-6646) - Oral Argument

Wed, 04 Nov 1992 12:00:00 -0500

No details yet.

Harper v. Virginia Department Of Taxation (No. 91-794) - Oral Argument

Wed, 02 Dec 1992 12:00:00 -0500

No details yet.

Hartford Fire Insurance Co. v. California (No. 91-1111) - Oral Argument

Tue, 23 Feb 1993 12:00:00 -0500

No details yet.

Hazen Paper Co. v. Biggins (No. 91-1600) - Oral Argument

Wed, 13 Jan 1993 12:00:00 -0500

No details yet.

Heller, Secretary, Kentucky Cabinet For Human Resources v. Doe, By His Mother And Next Friend, Doe (No. 92-351) - Oral Argument

Mon, 22 Mar 1993 12:00:00 -0500

No details yet.

Helling v. McKinney (No. 91-1958) - Oral Argument

Wed, 13 Jan 1993 12:00:00 -0500

No details yet.

Herrera v. Collins, Director, Texas Department Of Criminal Justice, Institutional Division (No. 91-7328) - Oral Argument

Wed, 07 Oct 1992 12:00:00 -0500

No details yet.

Itel Containers International Corp. v. Huddleston, Commissioner Of Revenue Of Tennessee (No. 91-321) - Oral Argument

Wed, 14 Oct 1992 12:00:00 -0500

No details yet.

Johnson v. Texas (No. 92-5653) - Oral Argument

Mon, 26 Apr 1993 12:00:00 -0500

No details yet.

Keene Corp. v. United States (No. 92-166) - Oral Argument

Tue, 23 Mar 1993 12:00:00 -0500

No details yet.

Lamb's Chapel v. Center Moriches School District (No. 91-2024) - Oral Argument

Wed, 24 Feb 1993 12:00:00 -0500

No details yet.

Leatherman v. Tarrant County Narcotics Intelligence And Coordination Unit (No. 91-1657) - Oral Argument

Tue, 12 Jan 1993 12:00:00 -0500

No details yet.

Lincoln, Acting Director, Indian Health Service v. Vigil (No. 91-1833) - Oral Argument

Wed, 03 Mar 1993 12:00:00 -0500

No details yet.

Local 144 Nursing Home Pension Fund v. Demisay (No. 91-610) - Oral Argument

Mon, 11 Jan 1993 12:00:00 -0500

No details yet.

Lockhart, Director, Arkansas Department Of Correction v. Fretwell (No. 91-1393) - Oral Argument

Tue, 03 Nov 1992 12:00:00 -0500

No details yet.

Mcneil v. United States (No. 92-6033) - Oral Argument

Mon, 19 Apr 1993 12:00:00 -0500

No details yet.

Mertens v. Hewitt Associates (No. 91-1671) - Oral Argument

Mon, 22 Feb 1993 12:00:00 -0500

Todd Brecht was charged with murder for shooting his brother-in-law. During his trial, he testified that the shooting was an accident. In addition to presenting other evidence, the prosecution pointed out his silence (both prior to his receiving the Miranda warnings and after) in an attempt to discredit his testimony. Brecht was found guilty and sentenced to life in prison.

Brecht appealed, claiming that the prosecution's reference to his post-Miranda silence violated his right to due process according to Doyle v. Ohio. The Wisconsin Court of Appeals overturned the conviction, but the Supreme Court of Wisconsin reinstated it. They found that the mention of post-Miranda silence was impermissible under Doyle, but was also harmless error according to the "beyond a reasonable doubt" standard from Chapman v. California.

Brecht sought a writ of habeas corpus in federal court. The District Court upheld his Doyle claim and found that the violation was not harmless error under Chapman. Brecht's conviction was thus overturned again, only to be reinstated by the United States Court of Appeals for the Seventh Circuit.

The Seventh Circuit held that Chapman was not the appropriate standard under which to review Doyle error in federal habeas petitions. Rather than adhering to the Chapman standard, the court applied the Kotteakos v. United States test, which requires that the Doyle error have a "substantial and injurious effect" on the jury's verdict. Brecht's Doyle claim did not meet this standard, and the Seventh Circuit denied the writ.

Mississippi v. Louisiana (No. 91-1158) - Oral Argument

Mon, 09 Nov 1992 12:00:00 -0500

No details yet.

Montana v. Donald Glenn Imlay (No. 91-687) - Oral Argument

Wed, 07 Oct 1992 12:00:00 -0500

No details yet.

Moreau v. Klevenhagen, Sheriff, Harris County, Texas (No. 92-1) - Oral Argument

Mon, 01 Mar 1993 12:00:00 -0500

No details yet.

Musick, Peeler & Garrett v. Employers Insurance Of Wausau (No. 92-34) - Oral Argument

Mon, 01 Mar 1993 12:00:00 -0500

No details yet.

Nebraska v. Wyoming (No. 108 ORIG) - Oral Argument

Wed, 13 Jan 1993 12:00:00 -0500

No details yet.

Negonsott v. Samuels, Warden (No. 91-5397) - Oral Argument

Mon, 11 Jan 1993 12:00:00 -0500

No details yet.

Newark Morning Ledger Co., As Successor To The Herald Co. v. United States (No. 91-1135) - Oral Argument

Tue, 10 Nov 1992 12:00:00 -0500

No details yet.

Nixon v. United States (No. 91-740) - Oral Argument

Wed, 14 Oct 1992 12:00:00 -0500

No details yet.

Nobelman Et Ux. v. American Savings Bank (No. 92-641) - Oral Argument

Mon, 19 Apr 1993 12:00:00 -0500

No details yet.

Northeastern Florida Chapter Of The Associated General Contractors Of America v. City Of Jacksonville, Florida (No. 91-1721) - Oral Argument

Mon, 22 Feb 1993 12:00:00 -0500

No details yet.

Oklahoma Tax Commission v. Sac And Fox Nation (No. 92-259) - Oral Argument

Tue, 23 Mar 1993 12:00:00 -0500

No details yet.

Ortega-Rodriguez v. United States (No. 91-7749) - Oral Argument

Mon, 07 Dec 1992 12:00:00 -0500

No details yet.

Parke, Warden v. Raley (No. 91-719) - Oral Argument

Mon, 05 Oct 1992 12:00:00 -0500

No details yet.

Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership (No. 91-1695) - Oral Argument

Mon, 30 Nov 1992 12:00:00 -0500

No details yet.

Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc. (No. 91-1043) - Oral Argument

Mon, 02 Nov 1992 12:00:00 -0500

No details yet.

Puerto Rico Aqueduct And Sewer Authority v. Metcalf & Eddy, Inc. (No. 91-1010) - Oral Argument

Mon, 09 Nov 1992 12:00:00 -0500

Nineteen States and many private plaintiffs filed complaints alleging that the defendants -- domestic primary insurers, trade associations, and a reinsurance broker, along with London-based as well as domestic reinsurers -- violated Section 1 of the Sherman Act, 15 U.S.C. Section 1, by engaging in various conspiracies aimed at forcing certain other primary insurers to change the terms of their standard domestic commercial general liability insurance policies. After the actions were consolidated for litigation, the district court granted the defendants' motion to dismiss, holding that the conduct alleged fell within the grant of antitrust immunity contained in Section 2(b) of the McCarran-Ferguson Act, 15 U.S.C. Section 1012(b), and that none of the conduct amounted to a "boycott" within the meaning of the Section 3(b), 15 U.S.C. Section 1013(b), exemption to that grant of immunity. The court of appeals reversed.

Rake v. Wade, Trustee (No. 92-621) - Oral Argument

Mon, 22 Mar 1993 12:00:00 -0500

No details yet.

Reiter v. Cooper, Trustee For Carolina Motor Express, Inc. (No. 91-1496) - Oral Argument

Tue, 01 Dec 1992 12:00:00 -0500

No details yet.

Reno, Attorney General v. Catholic Social Services, Inc. (No. 91-1826) - Oral Argument

Mon, 11 Jan 1993 12:00:00 -0500

Between January and April 1990, Thomas Lee Deal committed six bank robberies. In each robbery, he used a gun. Subsequently, Deal was convicted, in a single proceeding, of six counts of carrying and using a firearm during and in relation to a crime of violence in violation of 18 USC section 924(c)(1). Section 924(c)(1) prescribes a 5-year prison term for the first such conviction, in addition to the punishment provided for the crime of violence, and requires a 20-year sentence "in the case of [a] second or subsequent conviction under this subsection." The District Court sentenced Deal to 5 years' imprisonment on the first section 924(c)(1) count and to 20 years on each of the five other counts, the terms to run consecutively. The Court of Appeals affirmed.

Republic National Bank Of Miami v. United States (No. 91-767) - Oral Argument

Mon, 05 Oct 1992 12:00:00 -0500

No details yet.

Reves v. Ernst & Young (No. 91-886) - Oral Argument

Tue, 13 Oct 1992 12:00:00 -0500

No details yet.

Rowland, Former Director, California Department Of Corrections v. California Men's Colony, Unit II Men's Advisory Council (No. 91-1188) - Oral Argument

Tue, 06 Oct 1992 12:00:00 -0500

No details yet.

Sale, Acting Commissioner, Immigration And Naturalization Service v. Haitian Centers Council, Inc. (No. 92-344) - Oral Argument

Tue, 02 Mar 1993 12:00:00 -0500

No details yet.

Saudi Arabia v. Nelson Et ux. (No. 91-522) - Oral Argument

Mon, 30 Nov 1992 12:00:00 -0500

No details yet.

Shalala, Secretary Of Health And Human Services v. Schaefer (No. 92-311) - Oral Argument

Wed, 31 Mar 1993 12:00:00 -0500

No details yet.

Shaw v. Reno (No. 92-357) - Oral Argument

Tue, 20 Apr 1993 12:00:00 -0500

No details yet.

Smith v. United States (No. 91-8674) - Oral Argument

Tue, 23 Mar 1993 12:00:00 -0500

No details yet.

Smith v. United States (No. 91-1538) - Oral Argument

Mon, 07 Dec 1992 12:00:00 -0500

No details yet.

Soldal Et Ux. v. Cook County, Illinois (No. 91-6516) - Oral Argument

Mon, 05 Oct 1992 12:00:00 -0500

No details yet.

South Dakota v. Bourland, Individually And As Chairman Of The Cheyenne River Sioux Tribe (No. 91-2051) - Oral Argument

Tue, 02 Mar 1993 12:00:00 -0500

No details yet.

Spectrum Sports, Inc. v. Mcquillan Et Vir, Dba Sorboturf Enterprises (No. 91-10) - Oral Argument

Tue, 10 Nov 1992 12:00:00 -0500

During his murder case, Robert Williams argued that statements he had made to police should be excluded. Some of those statements had been made before he was given his Miranda warnings and others, while made after the Miranda warnings had been given, were the direct product of those earlier, un-Mirandized statements and should also be excluded, he argued. The state trial court (and subsequently the appeals court) disagreed, and Williams was convicted.

Williams filed a petition for a writ of habeas corpus in federal District Court, arguing only that the claims made before the Miranda warnings were given should have been excluded. The court agreed but went further, ruling that the statements made after the Miranda warnings were inadmissible as well because they were the products of the earlier, un-Mirandized statements. On appeal, the state argued that the Supreme Court's decision in Stone v. Powell, 428 U.S. 465, which barred federal habeas corpus review of Fourth Amendment unreasonable search and seizure claims when the state had already given defendants a fair chance to raise such claims in state court, should also apply to questions regarding Fifth Amendment claims stemming from a failure to give Miranda warnings in a timely manner. The Sixth Circuit Court of Appeals upheld the District Court's grant of the petition, however, rejecting the state's argument.

St. Mary's Honor Center v. Hicks (No. 92-602) - Oral Argument

Tue, 20 Apr 1993 12:00:00 -0500

No details yet.

Stinson v. United States (No. 91-8685) - Oral Argument

Wed, 24 Mar 1993 12:00:00 -0500

No details yet.

Sullivan v. Louisiana (No. 92-5129) - Oral Argument

Mon, 29 Mar 1993 12:00:00 -0500

No details yet.

Txo Production Corp. v. Alliance Resources Corp. (No. 92-479) - Oral Argument

Wed, 31 Mar 1993 12:00:00 -0500

No details yet.

United States By And Through Internal Revenue Service v. Mcdermott (No. 91-1229) - Oral Argument

Mon, 07 Dec 1992 12:00:00 -0500

Ferris Alexander was the owner of a chain of stores and theaters in Minnesota that distributed sexually explicit media. He was charged with violating federal obscenity laws and the Racketeer Influenced and Corrupt Organizations Act (RICO). The federal District Court in Minnesota found him guilty of both charges. The court ordered him to forfeit his businesses, sentenced him to a six-year prison term, and fined him $100,000.

Alexander appealed, claiming that the confiscation of his stores for his dealings in obscene material amounted to 'prior restraint' on his subsequent distribution of adult materials, and therefore violated his First Amendment rights. He also claimed that the seizure of his business violated his Eighth Amendment protection against excessive fines. The United States Court of Appeals for the Eighth Circuit affirmed the District Court's judgment on the First Amendment claim, and declined to review the Eighth Amendment claim on the ground that no sentence less severe than life imprisonment without parole could justify an Eighth Amendment review.

United States Department Of Justice v. Landano (No. 91-2054) - Oral Argument

Wed, 24 Feb 1993 12:00:00 -0500

No details yet.

United States Department Of Treasury v. Fabe, Superintendent Of Insurance Of Ohio (No. 91-1513) - Oral Argument

Tue, 08 Dec 1992 12:00:00 -0500

No details yet.

United States National Bank Of Oregon v. Independent Insurance Agents Of America, Inc. (No. 92-484) - Oral Argument

Mon, 19 Apr 1993 12:00:00 -0500

No details yet.

United States v. A Parcel Of Land, Buildings, Appurtenances, And Improvements, Known As 92 Buena Vista Avenue, Rumson, New Jersey (No. 91-781) - Oral Argument

Tue, 13 Oct 1992 12:00:00 -0500

No details yet.

United States v. California (No. 91-2003) - Oral Argument

Tue, 23 Feb 1993 12:00:00 -0500

No details yet.

United States v. Dixon (No. 91-1231) - Oral Argument

Wed, 02 Dec 1992 12:00:00 -0500

No details yet.

United States v. Dunnigan (No. 91-1300) - Oral Argument

Wed, 02 Dec 1992 12:00:00 -0500

No details yet.

United States v. Edge Broadcasting Co., T/A Power 94 (No. 92-486) - Oral Argument

Wed, 21 Apr 1993 12:00:00 -0500

No details yet.

United States v. Green (No. 91-1521) - Oral Argument

Mon, 30 Nov 1992 12:00:00 -0500

No details yet.

United States v. Hill Et ux. (No. 91-1421) - Oral Argument

Mon, 02 Nov 1992 12:00:00 -0500

No details yet.

United States v. Idaho, Ex Rel. Director, Idaho Dept of Water Resources (No. 92-190) - Oral Argument

Mon, 29 Mar 1993 12:00:00 -0500

No details yet.

United States v. Olano (No. 91-1306) - Oral Argument

Wed, 09 Dec 1992 12:00:00 -0500

No details yet.

United States v. Padilla (No. 92-207) - Oral Argument

Wed, 24 Mar 1993 12:00:00 -0500

No details yet.

United States v. Texas (No. 91-1729) - Oral Argument

Mon, 01 Mar 1993 12:00:00 -0500

No details yet.

Voinovich, Governor Of Ohio v. Quilter, Speaker Pro Tempore Of Ohio House Of Representatives (No. 91-1618) - Oral Argument

Tue, 08 Dec 1992 12:00:00 -0500

No details yet.

Wisconsin v. Mitchell (No. 92-515) - Oral Argument

Wed, 21 Apr 1993 12:00:00 -0500

No details yet.

Withrow v. Williams (No. 91-1030) - Oral Argument

Tue, 03 Nov 1992 12:00:00 -0500

No details yet.

Zafiro v. United States (No. 91-6824) - Oral Argument

Mon, 02 Nov 1992 12:00:00 -0500

No details yet.

Zobrest v. Catalina Foothills School District (No. 92-94) - Oral Argument

Wed, 24 Feb 1993 12:00:00 -0500

No details yet.