Today in Supreme Court History: March 28

Krulewitch v. United States, 336 U.S. 440 (decided March 28, 1949): Krulewitch and a woman brought another woman across state lines for prostitution.  They were arrested for conspiracy under the White Slave Traffic Act and Krulewitch’s partner told the prostitute that “it would be better for us girls to take the blame” rather than Krulewitch.  At Krulewitch’s trial the prostitute’s testimony as to this statement (hearsay) is not admissible as a declaration of guilt because not made in furtherance of the conspiracy.

United States v. Price, 383 U.S. 787 (decided March 28, 1966): Chaney, Schwerner and Goodman, civil rights activists, were lynched in 1964 near Philadelphia, Mississippi (which since then has been a symbolic place for politicians to give speeches).  The Court here holds that the nonofficial men who assisted the Deputy Sheriff in the abduction and murder were “acting under color of state law” and could be prosecuted under 18 U.S.C. §242 (the criminal counterpart to 42 U.S.C. §1983).

Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483 (decided March 28, 1955): not a denial of Equal Protection for Oklahoma to regulate opticians but not drug stores selling ready-to-wear glasses

United States v. Wong Kim Ark, 169 U.S. 649 (decided March 28, 1898): Fourteenth Amendment bestows citizenship on nonwhite children born here to foreign-born parents domiciled here

United States v. Coronado Beach Co., 255 U.S. 472 (decided March 28, 1921): prior Mexican grant, not California claim to submerged land, determined ownership of North Island and surroundings (eminent domain by United States to become a naval air station, still in existence; island was later joined to the mainland)

Setser v. United States, 566 U.S. 231 (decided March 28, 2012): first sentencing sovereign (here, the federal government) has discretion to make sentence (for meth possession) consecutive to sentence expected to be imposed by other sovereign (the state, for violation of parole) which can then give credit for earlier imposed sentence

Florida v. J.L., 529 U.S. 266 (decided March 28, 2000): anonymous tip (that 16-year-old black kid on corner in plaid shirt was carrying a gun) too vague to support Terry stop; no other evidence of illegal conduct (vacating conviction for carrying concealed weapon without license)

Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (decided March 28, 1995): color of dry cleaning press pads can be trademarked (to prevent competitor using same color from confusing dry cleaners)

Clemmons v. Mississippi, 494 U.S. 738 (decided March 28, 1990): Due Process and Eighth Amendment not violated by state appellate court salvaging death sentence arrived at by invalid aggravating factor by reweighing proper factors or conducting harmless error review, but it has to say which one of these it is doing

United States v. Culbert, 435 U.S. 371 (decided March 28, 1978): 18 U.S.C. §1951 (Hobbs Act) covers all extortion, not just “racketeering” (which is mentioned in legislative history but not the statute); affirming conviction of solitary man who got money from bank president by threat of force (would it cover Dick York’s gaslighting of Philip Coolidge in the Alfred Hitchcock Presents episode, “The Dusty Drawer”?)