Law Faculty

Powell v. Alabama, 287 U.S. 45; 53 S. Ct. 55; 77 L. Ed. 158 (1932) Facts—Petitioners, nine African American youths, were indicted for the rape of two white girls. A jury tried them six days after the day they were…

Batson v. Kentucky, 476 U.S. 79; 106 S. Ct. 1712; 90 L. Ed. 2d 69 (1986) Facts—A Circuit Court in Jefferson County, Kentucky, refused to discharge a jury where the prosecutor had used peremptory challenges to strike African American jurors…

Duren v. Missouri, 439 U.S. 357; 99 S. Ct. 664; 58 L. Ed. 2d 579 (1979) Facts—A Circuit Court of Jackson County, Missouri, indicted Duren for first-degree murder and first-degree robbery. He contended that a provision of the Missouri law…

Burch v. Louisiana, 441 U.S. 130; 99 S. Ct. 1623; 60 L. Ed. 2d 96 (1979) Facts—Burch and a corporation were both found guilty under the Louisiana criminal code of a nonpetty criminal offense (obscenity) and convicted by a five-person…

Duncan v. Louisiana, 391 U.S. 145; 88 S. Ct. 1444; 20 L. Ed. 491 (1968) Facts—Duncan, a black youth, was convicted of simple battery, a misdemeanor punishable by two years’ imprisonment and a $300 fine. He had slapped a white…

Norris v. Alabama, 294 U.S. 587; 55 S. Ct. 579; 79 L. Ed. 1074 (1935) Facts—Norris was one of nine African American youths, known as “the Scottsboro boys,” who were indicted in 1931 in Jackson County, Alabama, for the crime…

Hurtado v. California, 110 U.S. 516; 4 S. Ct. 111; 28 L. Ed. 232 (1884) Facts—The plaintiff was charged by the district attorney with murder, by means of an information, in a California county court. The plaintiff was tried, the…

Caperton v. A.T. Massey Coal Co., Inc, 129 S. Ct. 2252 (2009) Facts—A West Virginia jury found Massey Coal liable for $50 million in compensatory and punitive damages. West Virginia held an election for the State Supreme Court of Appeals,…

Scheidler v. National Organization for Women, 537 U.S. 393; 123 S. Ct. 1057; 154 L. Ed. 2d 991 (2003) Facts—Scheidler and other members of the Pro-Life Action Network (PLAN) were sued in 1986 for violating the Racketeer Influenced and Corrupt…

DeShaney v. Winnebago Social Services, 489 U.S. 189; 1095 S. Ct. 998; 103 L. Ed. 2d 249 (1989) Facts—Four-year-old Joshua DeShaney was the victim of continuing physical abuse by his father that eventually left him with permanent injuries leaving him…

Bordenkircher v. Hayes, 434 U.S. 357; 98 S. Ct. 663; 54 L. Ed. 2d 604 (1978) Facts—Kentucky charged Hayes with uttering a forged instrument of just over $88. The district attorney offered him five years if he pled guilty but…

O’Connor v. Donaldson, 422 U.S. 563; 95 S. Ct. 2486; 45 L. Ed. 2d 396 (1975) Facts—For almost fifteen years, the Florida State Hospital at Chattahoochee confined Kenneth Donaldson as a mental patient “for care, maintenance and treatment.” He had…

Bolling v. Sharpe, 347 U.S. 497; 74 S. Ct. 693; 98 L. Ed. 884 (1954) Facts—This companion case to Brown v. Board of Education arose out of the District of Columbia, where, because it is controlled by the national government,…

Tumey v. Ohio, 273 U.S. 510; 47 S. Ct. 437; 71 L. Ed. 749 (1927) Facts—Tumey was arrested and brought before Mayor Pugh of North College Hill, Ohio, on the charge of unlawfully possessing intoxicating liquor. The mayor, under statutes…