Today in Supreme Court History: October 23

INS v. Hibi, 414 U.S. 5 (decided October 23, 1973): denies application for citizenship by Philippines-born veteran who fought there and was imprisoned there by the Japanese because the Nationality Act of 1940 (as amended), which made citizenship available for any non-citizen who served honorably in World War II, set 12/31/46 deadline for applications, even though Nationality Act provisions were never publicized in the Philippines and there was no office there where one could apply (Hibi didn’t apply for citizenship until he moved to the United States in 1964); no equitable tolling because no “affirmative misconduct” by Government (Douglas, Brennan and Marshall dissent)

Beecher v. Alabama, 389 U.S. 35 (decided October 23, 1967): confession by black defendant of rape-murder of white woman when in hospital recovering from police gunshot wounds and under the influence of painkillers was not voluntarily made (defendant had already made a confession, but it was at the scene and at gunpoint)

Bacon v. Rives, 106 U.S. 99 (decided October 23, 1882): diversity jurisdiction exists where real party in interest defendant (executor who made off with estate funds) is out of state even when nominal defendants (co-executors who had an interest in the dispute) are in-state