armstrong v united statesdivinity 2 respec talents

(a) Contrary to respondents' contention, Federal Rule of Criminal Procedure 16, which governs discovery in criminal cases, does not support the result reached by the Ninth Circuit in this case. Chief Justice Rehnquist, on behalf of the court, wrote the majority opinion which held that it is incumbent upon defendants to demonstrate that people of other races have not been similarly prosecuted. The 'Abandoned and Captured Property Act' provides for the restoration of the proceeds of property on proof that the claimant has never given any aid or comfort to the present rebellion. were Maria E. Stratton, Timothy C. Lannen, by appointment of the Court, 516 U. S. 1007, David Dudley, Bernard J. Rosen, and, United States v. Armstrong, 517 U.S. 456 (1996). Armstrong v. United States, 182 U.S. 243 (1901). This was a public act of which all courts of the United States are bound to take notice, and to which all courts are bound to give effect. Black, Hugo Lafayette, and Supreme Court Of The United States. Shipbuilders, - Decided May 27, 1901. 2. This case and many others reveal the difficulty of trying to . United States v. Armstrong et al., 517 U.S. 456 687 (1996). Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops, United States v. Armstrong, 517 U.S. 456, 116 S. Ct. 1480, 134 L. Ed. Pp. amend. . amend. Petitioners sued in the Court of Claims for compensation for the taking of their liens by the Government. United States v. Armstrong - 517 U.S. 456, 116 S. Ct. 1480 (1996) Rule: The requirements for a selective-prosecution claim draw on "ordinary equal protection standards." The claimant must demonstrate that the federal prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose. Pp.461-471. See Michael Pappas, Singled Out, 76 MD. THIS was a petition to the Court of Claims by a British subject, to recover duties exacted by the collector of the port of San Juan, and paid under protest, upon goods, wares, and merchandise of the growth, produce, or manufacture of the United States, between August 12, 1898, and December 5, 1899. U.S. Supreme CourtArmstrong v. United States, 182 U.S. 243 (1901). 290 F. 672. This is comparable to similar rules regarding state prosecutions. Armstrong v. United States, 364 U.S. 40, 49 In declining to review the constitutionality of section 522(e) of SMCRA, the Supreme Court explained its historic approach to takings ana . This was in September, 1863. 21-10200CC, 2021 U.S. App. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Brief Fact Summary. December Term, 1871 APPEAL from the Court of Claims. 1959. Ct. Rep. 762. Under a Maine statute, whoever furnishes material for building a vessel has a lien on the vessel and on the material furnished. . The Court of Claims found that the cotton was raised by the claimant; that in the latter part of 1863, or early in 1864, there were on her plantation one hundred and twenty bales of cotton, which were taken possession of by the United States military forces and removed to Little Rock, Arkansas; that, prior to July, 1864, one hundred and two bales of this cotton were in the hands of the treasury agents, and were taken and used by the military forces in the works of defence around the city of Little Rock; that sixty bales, when taken out of the defences, were identified as belonging to the claimant; and with other cotton identified as belonging to other parties, and one hundred and seventeen sacks of loose cotton which came out of the fortifications and not identified, were shipped to the treasury agent at Cincinnati, sold, and the proceeds paid into the treasury. The police found more cocaine and a loaded gun in the hotel. 290 F. 672. Held: Petitioners are entitled to recover whatever value their liens had when the Government took title to the boats and materials. 96-5064. This rule might not apply in situations when a prosecutor directly admits a discriminatory purpose, although that is unlikely to happen. The same demurrer was filed and the same judgment was entered as in the preceding case. Law Library, - This site is protected by reCAPTCHA and the Google. The Court of Claims seem to have thought that going south with her slaves was evidence that she did give aid or comfort to the rebellion. 3582(c) does not constitute a new, intervening judgment for purposes of the bar on second or successive section 2255 motions under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 614 13 Wall. . Dooley v. United States, ante, 222, followed. U.S. Reports: United States v. Foley Co., 329 U.S. 64 (1946). Contracts, - 1959.Periodical. 95-157 Decided by Rehnquist Court Lower court United States Court of Appeals for the Ninth Circuit Citation 517 US 456 (1996) Argued Feb 26, 1996 Decided May 13, 1996 Advocates Argued February 26, 1996-Decided May 13, 1996. United States Supreme Court. Materialmen, who had not been paid for supplies furnished to a contractor engaged in constructing vessels for the federal government, asserted liens on the supplies and the uncompleted vessels in which the supplies had been incorporated. Materialmen's liens, - BREYER, J., filed an opinion concurring in part and concurring in the judgment, post, p. 471. Justice Stevens dissented noting a great disparity between defendants who are accused of crimes involving crack cocaine and those who are accused of other drug-related crimes. Transportation and public works, - IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS DARYL ARMSTRONG, JR., Petitioner, v. CASE NO. Court decisions, - The following state regulations pages link to this page. Judgment was rendered against her on the 4th of April, 1870, and an appeal taken to this court. When Armstrong and his associates, who were all African-American, were indicted for violating drug and firearms laws, they argued that they had been singled out for prosecution because of their race. on an arbitrary classification such as race or religion. This action was not an abuse of discretion and should not have been disturbed on appeal. United States No. Discussion. Respondents filed a motion to dismiss their indictment for "crack" cocaine and other federal charges, alleging they were selected for prosecution based on their race. The decision of the Appellate Division of the High Court of American Samoa is final under Samoan law. In this case, petitioner failed to obtain the required certification from this court before filing a second section 2255 petition, and the district court dismissed it as unauthorized. 270 Decided by Warren Court Citation 364 US 40 (1960) Argued Mar 28, 1960 Decided Jun 27, 1960 Sort: by seniority by ideology Police informants bought cocaine from Armstrong and his associates, and they were seen to be carrying firearms at the time. S 559 (U.S. May 13, 1996). Synopsis of Rule of Law. Jimmy N. ARMSTRONG, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. The U.S. Const. ARMSTRONG v. UNITED STATES. Id. Armstrong v. United States, No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The Eleventh Circuit transferred the appeal of that order to us. Without such authorization, the court concluded that the district court lacked jurisdiction to entertain the petition. V guarantee that private property shall not be taken for a public use without just compensation is designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. The Court of Claims, therefore, erred in not giving the petitioner the benefit of the proclamation. A.) LEXIS 20183, at *1 (11th Cir. A selective prosecution claim is not a defense against a crime but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the constitution. 154 ARMSTRONG v. UNITED STATES. Solicitor General and Mr. Attorney General for appellee. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. . THis was a petition to the Court of Claims by a, British sub- ject, to recover duties exacted by the collector of the port of . 4305, 96 Cal. This was in September. United States Supreme Court ARMSTRONG v. UNITED STATES (1960) No. Service 3351, 9 Fla. L. Weekly Fed. Common law, - On Appeal, the Court of Appeals for the Ninth Circuit also held that a defendant is not required to demonstrate that the government ahs failed to prosecute others who are similarly situated. The Supreme Court granted cert, to determine who has the burden of proving the selective prosecution. (forthcoming Nov. 2016) (manuscript at 7). United States No. In response to their indictment on "crack" cocaine and other federal charges, respondents filed a motion for discovery or for dismissal, alleging that they were selected for prosecution because they are black. Default, - Frank Armstrong, Jr. Trust Ex Rel. Pp. U.S. Reports: Armstrong v. United States, 364 U.S. 40 (1960). Rule 16(a)(I)(C)-which, inter alia, requires the Government to permit discovery of documents that are "material to the preparation of the defense" or "intended for use by the government as evidence in chief"applies only to the preparation of the "defense" against the Government's case in chief, not to the preparation of selective-prosecution claims. Armstrong v. United States, 364 U.S. 40, 49 (1960). Although Ah Sin involved federal review of a state conviction, a similar rule applies where the power of a federal court is invoked to challenge an exercise of one of the core powers of the Executive Branch of the Federal Government, the power to prosecute. Mrs. Armstrong filed a claim in the court below for the proceeds of certain cotton under the "Abandoned and Captured Property Act," the provisions of which are quoted in the preceding case, page 80 U. S. 151. Contributor Names Brown, Henry Billings (Judge) Supreme Court of the United States (Author) Created / Published 1900 Subject Headings . Justice John P. Stevens wrote the dissenting opinion. REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined, and in which BREYER, J., joined in part. Property, - 461-463. 18-13041 (11th Cir. Thus, in order to establish entitlement to such discovery, a defendant must produce credible evidence that similarly situated defendants of other races could have been prosecuted, but were not. Law School Case Brief; Case Opinion; Armstrong v. United States - 364 U.S. 40, 80 S. Ct. 1563 (1960) Rule: The U.S. Const. 270 Argued: March 28, 1960 Decided: June 27, 1960 The motion was granted by the District Court and affirmed by the Ninth Circuit en banc, which ruled the proof requirements do not compel the defendant to demonstrate the Government has failed to prosecute others who are similarly situated. 18-13041 (11th Cir. 1. The punishments attached to crimes involving this substance are more severe than for most drug offenses, and they are also more severe at the federal level than the state level. The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. Dissent. No. You can explore additional available newsletters here. In order to prevail in a defense for selective prosecution, it is incumbent upon the defendant to prove that persons of a different race were not also prosecuted. There is also empirical evidence suggesting that African-Americans are disproportionately punished by these laws and thus more often subject to the elevated penalties. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. Pp. SERIALSETDELIVERY2, Walsh, Thomas James - United States. UNITED STATES Court: U.S. Jurisdiction covered: Spain. 21 -10200-CC, 2021 U.S. App. See Quion, 86 F.3d at 1227; Mead Data Central v. United States Department of Air Force, 566 F.2d 242, 261 (D.C.Cir.1977). U.S. Reports: Armstrong v. United States, 364 U.S. 40. Syllabus 364 U. S. 41-49. Armstrong v. United States, 364 U.S. 40 (1960). --- Decided: June 27 1960 USA TODAY. amend. The claim of the petitioner was preferred within two years. 270 Argued March 28, 1960 Decided June 27, 1960 364 U.S. 40 CERTIORARI TO THE COURT OF CLAIMS Syllabus Upon default by a shipbuilder on its contract to construct certain boats for the United States, the Government, exercising an option under the contract, required the shipbuilder to transfer to the Government title to the uncom. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, No. Justice Stephen Breyer joined the majority opinion in part and also wrote a separate concurring opinion. On this point it is not now necessary that we express an opinion; for the President of the United States, on the 25th of December, 1868, issued a proclamation, reciting that 'a universal amnesty and pardon for participation in said rebellion, extended to all who have borne any part therein, will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and fraternal feeling among the whole people, and their respect for, and attachment to, the National government, designed by its patriotic founders for the general good;' and granting, 'unconditionally, and without reservation, to all and every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution, and the laws which have been made in pursuance thereof.'1. 2d 1554, 1960 U.S. LEXIS 1860 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Armstrong v. United States, No. 80 U.S. (13 Wall.) U.S. Supreme CourtArmstrong v. United States, 364 U.S. 40 (1960). Held: For a defendant to be entitled to discovery on a claim that he was singled out for prosecution on the basis of his race, he must make a threshold showing that the Government declined to prosecute similarly situated suspects of other races. They also arrested other members of the drug ring. U.S. Supreme CourtArmstrong v. United States, 80 U.S. 13 Wall. UNITED STATES v. ARMSTRONG(1996) No. While the defendants in this case did not produce sufficient evidence to establish a right to discovery, the trial court judge should have been permitted to order a response from the prosecution, based on her independent analysis of the facts. Federal prosecutors are entitled to a general presumption that they are properly exercising the broad discretion accorded to them, unless a defendant introduces clear evidence to the contrary. Syllabus. Because title to these vessels transferred to the federal government, under a provision of the contract between the contractor and the government permitting the government to terminate the contract in case of the contractor's default and require the contractor to transfer title to completed and uncompleted work and to manufacturing materials acquired by the contractor for building the vessels, the materialmen claimed a right to just compensation under theFifth Amendmentfor the value of their liens. The President's proclamation of the 25th December, 1868, granting "unconditionally and without reservation to all and every person who directly or indirectly participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United . (b) Under the equal protection component of the Fifth Amendment's Due Process Clause, the decision whether to prosecute may not be based. Mr. Alphonso Hart and Mr. John G. Carlisle for appellant. 259, reversed. OCTOBER TERM, 1995 Get free summaries of new US Supreme Court opinions delivered to your inbox! United States v. Armstrong, 517 U.S. 456 (1996), was a case heard by the Supreme Court of the United States. The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. This made it impossible for petitioners to enforce their materialmen's liens which had attached under state law to the boats and materials when the materials were furnished to the shipbuilder. 463-471. Argued January 8, 9, 10 and 11, 1901. Periodical. This site is protected by reCAPTCHA and the Google. 2255 habeas petition as sec You're all set! Barbara E. O'Connor, by appointment of the Court, 516 U. S. 1007, argued the cause for respondents. Supreme Court 80 U.S. 154 20 L.Ed. 364 U. S. 44-46. United States / US DC Circuit / ARMSTRONG v. EXECUTIVE OFFICE OF THE PRESIDENT; ARMSTRONG v. EXECUTIVE OFFICE OF THE PRESIDENT (1996) Reset A A Font size: Print. Armstrong v. United States, 80 U.S. 154 (1871). United States, - [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep364040/. Date published: Jun 27, 1960 Copy Citations From Casetext: Smarter Legal Research Armstrong v. United States Download PDF Check Treatment Summary Armstrong was among a group of respondents who sought to challenge the fact that they were being federally prosecuted along racial lines. Fifth Amendment, - 2255 habeas petition as second or successive, holding that a sentence reduction under 18 U.S.C. Armstrong v. United States, 364 U.S. 40 (1960) (established oft-cited principle that purpose of Just Compensation clause is to "bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole") 1978: ___ Ct. Cl.___, 169 F. Supp. Solicitor General Richards and Attorney [182 U.S. 243, 244] Mr. Justice Brown delivered the opinion of the court: This case is controlled by the case of Dooley v. United States (No. The Fifth Amendment's equal protection guarantee requires that race, religion, and other arbitrary classifications are not the basis for prosecuting an individual, but someone bringing a constitutional claim under this provision must show both discriminatory effect and discriminatory purpose or motivation. 2254 by Petitioner and Kansas state prisoner Daryl Armstrong, Jr. You already receive all suggested Justia Opinion Summary Newsletters. The defendants in this case did not provide credible evidence that non-African-American defendants could have been prosecuted by the federal government for the same offenses but were not. Synopsis of Rule of Law. Mrs. Armstrong filed a claim in the court below for the proceeds of certain cotton under the 'Abandoned and Captured Property Act,' the provisions of which are quoted in the preceding case, page 151. UNITED STATES, This site is protected by reCAPTCHA and the Google. v. United States. The trial court judge was entitled to investigate the government's choice of forum more closely, even though the defendants did not meet their burden of production. 1:13-cv-00163-BLW | Casetext Search + Citator Opinion Case details Case Details Full title: MELINDA and RICHARD ARMSTRONG, individually and as the natural parents and Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Date published: Dec 30, 2014 Citations Copy Citation Get free summaries of new US Supreme Court opinions delivered to your inbox! was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." No. The Supreme Court reversed and remanded, 81. The claimant was proved to have given no active aid to the rebellion except that on the approach of the Union army she fled south with thirty or forty of her slaves to avoid emancipation. U.S. Reports: Armstrong v. United States, 364 U.S. 40. Discovery imposes many of the costs present when the Government must respond to a prima facie case of selective prosecution. Liens, - 501, just decided. The proclamation of the 25th of December granted pardon unconditionally and without reservation. v . Council See 25 Summaries Citing Primary Sources. Second, the materialmen's liens gave them a compensable property interest within the meaning of theFifth Amendment. U.S. Reports: Armstrong v. United States, 364 U.S. 40. Mr. Armstrong v. United States, Case No. The President's proclamation of the 25th December, 1868, granting, "unconditionally and without reservation to all and every person who directly or indirectly participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United States &c., with restoration of all rights, privileges, and immunities under the Constitution, and the laws which have been made in pursuance thereof,". In other words, they must show that prosecutors did not charge similarly situated people of other races. Make your practice more effective and efficient with Casetexts legal research suite. The proclamation referred to is a public act of which all courts of the United States are bound to take notice and to which all courts are bound to give effect. NOTICE AND ORDER TO SHOW CAUSE This matter is a petition for writ of habeas corpus filed pursuant to 28 U.S.C.

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