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Today in Supreme Court History: April 30

Bad Elk v. United States, 177 U.S. 529 (decided April 30, 1900): Kid shot a gun into the air for fun. Tribal policeman (his cousin) had no right to arrest him, such that he had self-defense argument when things came to a head the next day when the policeman drew a gun on him. The extensive account of the facts describes a slower-moving frontier society and might have made a good episode of “Gunsmoke”, though with an all-Native American cast. (The defense that one has the right to resist an unlawful arrest, is no longer permitted, at least not in South Dakota where this incident happened, S.D. Cod. L.§22-11-5.)

Berra v. United States, 351 U.S. 131 (decided April 30, 1956): can’t give jury the choice of convicting for felony (filing false tax return) or misdemeanor (submitting false valuation) where same facts supported either charge (overlap was removed by later Code change, see Sansone v. United States, 1965)

KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (decided April 30, 2007): electronic sensor for pedal position adaptable for short-legged people was too “obvious” to be patentable in light of then-existing technology (unfortunately no diagram is provided) (my knowledge of pedal mechanisms is intimate but it begins and ends with my 1959 VW Beetle)

Turner v. Murray, 476 U.S. 28 (decided April 30, 1986): error to refuse request to question jurors as to racial bias in capital crime prosecution involving black defendant and white victim

Wilkins v. United States, 441 U.S. 468 (decided April 30, 1979): petition for certiorari should have been entertained even though 17 months late due to court-appointed attorney’s inaction after defendant wrote to him repeatedly requesting that a petition be filed; this petition was pro se, supported by affidavits from wife and minister; remanded to Circuit Court so that proper, lawyerly petition could be filed (this was a Mann Act case; not clear how it turned out)

Addington v. Texas, 441 U.S. 418 (decided April 30, 1979): Due Process requires that showing of mental illness requiring commitment must be made by “clear and convincing” evidence, not just preponderance

Comm’r of Interal Revenue v. Bilder, 369 U.S. 499 (decided April 30, 1962): rent paid for winter Florida apartment can’t be deducted as medical care expenses even though was following doctor’s orders to spend cold months in warm climate (fact that wife accompanied him might have been a factor, but what did they expect?)

Communist Party of United States v. Subversive Activities Control Board, 351 U.S. 115 (decided April 30, 1956): The CPUSA argued that it wasn’t a “Communist-action organization” (controlled by Moscow, dedicated to world Communist revolution) requiring registration and monitoring. Here, there was so much perjured testimony that the finding against them had to be vacated. Case remanded; no record of what happened after this. (My understanding is that though the CPUSA marched in lockstep with Moscow, it was their choice to do so, and there was internal debate between world revolution and single-country revolution.)

Scott v. Harris, 550 U.S. 372 (decided April 30, 2007): police enjoyed qualified immunity after stopping high-speed car chase by ramming car from behind, causing loss of control of vehicle and injuries; §1983 suit dismissed

Microsoft Corp. v. AT&T Corp., 550 U.S. 437 (decided April 30, 2007): Microsoft can make lots of $ infringing AT&T’s voice recognition patent so long as it’s sold for overseas use (even though the disks incorporating the software are made here)

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