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unusual facts about Schmuck v. United States


Schmuck

Schmuck v. United States, a criminal case decided by the U.S. Supreme Court in 1989.


A.k.a. Cassius Clay

Directed by Jimmy Jacobs, the film was made during Ali's exile from the sport for refusing to be inducted into the US Army on religious grounds.

Able v. United States

The case was assigned to U.S. District Court Judge Eugene Nickerson.

Berger v. New York

This holding predates by several months the more famous case of Katz v. United States, which extended Fourth Amendment protection to a conversation in a public phone booth based on the speaker's reasonable expectation of privacy.

Boyd v. United States

It is not the breaking of his doors and the rummaging of his drawers that constitutes the essence of the offense; but it is the invasion of his indefeasible right of personal security, personal liberty, and private property, where that right has never been forfeited by his conviction of some public offense, it is the invasion of this sacred right which underlies and constitutes the essence of Lord Camden's judgment.

Brown v. United States

On October 22, 1872, the Naval Retiring Board, before which he had been ordered by the Secretary of the Navy under the provisions of § 23 of the Act of August 3, 1861, 12 Stat.

Burton v. United States

Earlier that year, while accompanying Roosevelt on a visit to Kansas, Burton told Roosevelt about his project to create a reproduction of Jerusalem at the time of Christ's birth for the St. Louis World's Fair.

Camp Nordland

One of those convicted, August Klapprott, a naturalised American citizen, later petitioned the Supreme Court of the United States in Klapprott v. United States, 335 U.S. 601 (1949), to intervene in the revocation of his citizenship and proposed deportation that resulted from his conviction.

Clinton Jencks

In Jencks v. United States, a landmark decision that later played a minor role in the Watergate prosecutions, the Court overturned Jencks's conviction and held that defense counsel had the right to see FBI reports.

Customer-premises equipment

With the gradual breakup of the Bell monopoly, starting with Hush-A-Phone v. United States 1956, which allowed some non-Bell owned equipment to be connected to the network (a process called interconnection), equipment on customers' premises became increasingly owned by customers, not the telco.

Dickerson

Dickerson v. United States, a major U.S. Supreme Court case reaffirming the requirement of a Miranda warning

Dixon v. United States

In his charge to the jury, the trial judge required her to prove duress by a preponderance of the evidence.

Doggett v. United States

Justice O'Connor in dissent noted that Doggett's liberty was never inhibited between his indictment and arrest, and therefore did not have his Sixth Amendment right to a speedy trial violated.

Estep v. United States

Sec. 5(d) of the Selective Service Act exempts from training and service (but not from registration) "regular or duly ordained ministers of religion".

Flamingo Resort, Inc. v. United States

The Flamingo Resort, a Las Vegas casino, routinely extended lines of credit to some of its customers in order to help facilitate gambling in the casino.

Green Currin

He was also alive for the constitutional amendment intended to block potential black voters from registering and the 1915 Guinn v. United States case that struck it down.

Heart of Atlanta Motel v. United States

Having observed that 75% of the Heart of Atlanta Motel's clientele came from out-of-state, and that it was strategically located near Interstates 75 and 85 as well as two major U.S. Highways, the Court found that the business clearly affected interstate commerce.

Huddleston v. United States

Huddleston was being tried for selling stolen goods and possessing stolen goods, related to two portions of a shipment of Memorex videocassettes that had been stolen from the Overnight Express yard in South Holland, Illinois.

Hush-A-Phone v. United States

It and the related Carterfone decision were seen as precursors to the entry of MCI Communications and the development of more pervasive telecom competition.

In the Courts of the Conqueror

It covers other major cases, including Cherokee Nation v. Georgia (1831) (the tribe lacked standing to contest Georgia's violation of treaty rights); Lone Wolf v. Hitchcock (1903) (the U.S. had the right to unilaterally confiscate Indian lands despite treaty provisions); and Tee-Hit-Ton Indians v. United States (1955) (discovery and conquest doctrines applied even when the Alaskan natives had separate dealings with Russia).

Jacobson v. United States

Among its other targets had been another middle-aged Nebraska farmer, Bob Brase, of Shelby.

During oral argument, Justice Antonin Scalia responded to this by suggesting that some interests a person might express, such as recreational drugs, signified a willingness to violate social norms regardless of whether the conduct was illegal or not.

Justice David Souter later provided the swing vote, and opinions that White and Sandra Day O'Connor had already begun drafting had to be rewritten to reflect the changed outcome of the case.

Kimball Laundry Co. v. United States

In this case, the United States filed a petition in the United States District Court for the District of Nebraska to condemn the plant of the Kimball Laundry Company in Omaha, Nebraska, for use by the Army.

Leary v. United States

On December 20, 1965, petitioner left New York by automobile, intending a vacation trip to the Mexican state of Yucatán.

Lesser included offense

In the United States, even if any of the states were to eliminate the merger doctrine, a conviction for both an offense and any of its lesser-included offenses, not tried in the same case, might be found to be prohibited by the Double Jeopardy Clause of the Fifth Amendment to the Constitution as interpreted by the U.S. Supreme Court in Blockburger v. United States, 284 U.S. 299 (1932).

Long-Term Capital Holdings v. United States

The tax shelter had been designed by Babcock & Brown for Long-Term Capital to shelter their short-term trading gains from 1997.

Massiah

Massiah v. United States (1964), case in the Supreme Court of the United States

Menominee Tribe v. United States

Additionally, the Court of Claims observed that Congress also amended Public Law 280 so that Indian hunting and fishing rights were protected in Wisconsin.

Montana v. United States

In September, District Court Judge James Battin ruled (for the moment) that the Bighorn riverbed was held in trust by the United States for the tribe.

In 2005 an on-duty police officer died in a single car accident when the officer's Ford Expedition rolled over on a tribally maintained road.

Myron Scholes

LTCM brought more problems for Scholes in 2005, when he was implicated in the case of Long-Term Capital Holdings v. United States, being accused of having used an illegal tax shelter in order to avoid having to pay taxes on profits from company investments.

National Broadcasting Co. v. United States

As a result of this 1943 decision, NBC was forced to sell one of its networks and it was this action which then led to the creation of the American Broadcasting Company (ABC).

Overt act

In Cramer v. United States, the Supreme Court ruled that "every act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses."

Pen register

It overturned Olmstead v. United States (1928) and held that warrantless wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private.

Price v. United States

The property in dispute was a number of works of art which had been owned by Heinrich Hoffmann (1885–1957), a German photographer best known for his many published photographs of Adolf Hitler.

Among the artwork which formed the subject matter of the lawsuit were many photographs by German photographer Heinrich Hoffmann.

Reynolds v. United States

Chief Justice Morrison Waite wrote on behalf of himself and seven colleagues.

Runkle v. United States

Benjamin Piatt Runkle, a Civil War veteran who was wounded at the Battle of Shiloh, was, from 1867 to 1870, serving as an active duty Army Major and disbursing officer of the Bureau of Refugees, Freedmen, and Abandoned Lands for the State of Kentucky.

Schecter

Schechter Poultry Corp. v. United States, a landmark Supreme Court decision regarding the Commerce Clause

Small v. United States

On 16 January 2002, the district court denied the motion because the Japanese Constitution protects similar rights guaranteed by the United States Constitution.

In December 1992, Gary Sherwood Small was arrested for an apparent (and disputed) attempt to recover a water heater from Naha Airport in Okinawa, Japan.

Smith v. Maryland

It overturned Olmstead v. United States and held that wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private.

Tax protester administrative arguments

See the United States Supreme Court decision in the case of Springer v. United States.

Tax protester Sixteenth Amendment arguments

Pollock specifically endorsed Springer's holding that such income could be taxed without apportionment.

Verboten!

Because American soldiers are verboten (forbidden) to fraternize with German women, he resigns from the Army and goes to work in the Food Office of the Military Government.

Zedner v. United States

The case continued to languish for the next four years, during which time the defendant changed lawyers, was examined by a psychiatrist, and ultimately decided to proceed pro se.


see also