Today in Supreme Court History: January 28

Gold v. United States, 352 U.S. 985 (decided January 28, 1957): defendant on trial for filing false affidavit stating he was not Communist Party member (such affidavits had to be submitted by union officials under the Taft-Hartley Act); conviction vacated because FBI unintentionally intruded into jury (while investigating another false-affidavit case, called three jurors to see if they had received any “propaganda literature” -- I suppose that’s tampering in itself)

Briggs v. Elliott, 342 U.S. 350 (decided January 28, 1952): desegregation case was not ripe for review when trial court had not yet evaluated updated report ordered from school officials

Hillsborough Township v. Cromwell, 326 U.S. 620 (decided January 28, 1946): Suit brought by the heiress Doris Duke who felt she was being taxed more than others in her class.  New Jersey case law held that her remedy was not to seek equalization but to sue other members of her class so that their taxes were brought up to her level.  Not surprisingly, the Court holds this scheme to amount to a denial of Equal Protection.

Greer v. United States, 245 U.S. 559 (decided January 28, 1918): where evidence of character is not introduced in criminal trial, judge properly refused to instruct jury that defendant is presumed of good character (charge was whiskey running)

O’Connell v. Kirchner, 513 U.S. 1303 (decided January 28, 1995): Guardian ad litem and adoptive parents seek stay of Illinois Supreme Court’s order to hand “Baby Boy Richard” back to his biological father.  Stevens denies, on the grounds that the Court can’t review the Illinois court’s disposition of the procedural defect claimed.  Stevens mentions the “erroneous adoption decree” issued in 1992 by the Illinois court which “has had such unfortunate effects on innocent parties”.  From the lower court opinions it appears that adoption had been ordered by the trial court on the basis of the father not showing interest in the baby for the first 30 days after birth, but the mother admitted that she had told him the baby had died.