Jehovah's Witnesses Cases in the U.S. Supreme Court (List, 1991)
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TOTAL OF COURT CASES THAT WENT TO THE U.S. SUPREME COURT FOR REVIEW AS OF 1991
Ex parte Hudgings, 249 U.S.378 (Decided Apr.14,1919). "First Jehovah's Witness case decided by the Court." A Catalyst For The Evolution Of Constitutional Law: Jehovah's Witnesses In The Supreme Court, McAnich, p. 1012, n. 96 (1987).
Attorney: Jesse Fuller, Jr.
Facts: June 11, 1918, the witness who was testifying in a trial was held in contempt of court and confined in prison. SUPREME COURT DECISION (PLENARY): Petitioner is discharged from prison on a writ of habeas corpus. The writ was granted because the witness' testimony, even if false, did not obstruct the court in the performance of its judicial duties.
Coleman v. City of Griffin, 302 U.S.636 (Oct.11,1937). Attorney: Olin R.Movle
Facts: Convicted of violation of a city ordinance prohibiting the distribution of any kind of literature without a permit. 189 S.E.427.
PER CURIAM - The appeal dismissed for want of a substantial federal question.
Leoles v. Landers, 302 U.S. 656 (Dec. 13, 1937).
Facts: Compulsory flag-salute conviction appeal. 192 S.E.218 PER CURIAM - The appeal is dismissed for want of a substantial federal question.
Hering v. State Board of Education, 303 U.S.624 (Mar.14, 1938).
Attorney: Abraham J. Isserman & ACLU
Facts: Compulsory flag-salute regulation held to be valid. 194 A.177.
PER CURIAM - The appeal is dismissed for want of a substantial federal question.
Lovell v. City of Griffin, 303 U.S.444 (Mar.28,1938). Attorney: Olin R.Moyle
Facts: Convicted of violation of a city ordinance prohibiting the distribution of literature without a permit.
SUPREME COURT DECISION (PLENARY): Judgment reversed.
Watch Tower Bible and Tract Society v. Bristol, 305 U.S. 572 (Dec. 5,1938).
Attorney: Olin R. Moyle
Facts: Convicted for breach of the peace. 24 F. Supp. 57.
PER CURIAM - The conviction was affirmed.
Johnson v. Deerfield, 306 U.S. 621 (Apr. 17, 1939). Attorney: Olin R. Moyle William G. Fennell
Facts: Cumpulsory flag-salute statute upheld. Plaintiff's application for interlocutory injunction denied. 25 F. Supp. 918. PER CURIAM - Conviction affirmed.
Gabrielli v. Knickerbocker, 306 U.S. 621 (Apr. 17, 1939). Attorney: Olin R.Moyle R.W.Henderson
Facts: Flag-salute statute upheld. Motion to dismiss the appeal granted. Appeal treated as a petition for writ of certiorari. 25 F.SUPP.918.
CERT DENIED
Schneider v.State, 308 U.S.147 (Nov.22,1939) Attorneys: Joseph F.Rutherford Hayden C.Covington
Facts: Convicted of canvassing without a permit. SUPREME COURT DECISION (PLENARY): Conviction reversed.
Stewart v. Pennsylvania, 309 U.S. 674 (Mar. 25, 1940). Attorneys: Joseph F. Rutherford Hayden C. Covington
Facts: Appeal dismissed in case involving conviction under ordinance governing canvassing and solicitation. 9 A.2d 179. CERT. DENIED
Cantwell v. Connecticut, 310 U.S.296 (May 20,1940). Attorneys: Hayden C.Covington Joseph F.Rutherford
Facts: Conviction of solicitation for contributions without approval. Also, convicted for inciting a breach of the peace. SUPREME COURT DECISION (PLENARY): Solicitation statute as applied held unconstitutional and breach of peace conviction reversed.
Minersville School District, Board of Education of Minersville School District v. Gobitis, 310 U.S.586 (June 3, 1940).
Attorneys: Joseph F. Rutherford, George K. Gardner Hayden C. Covington, and ACLU
Facts: Compulsory flag-salute regulation overturned by lower courts.
SUPREME COURT DECISION (PLENARY): Court ruled in favor of flag-salute regulation and reversed lower court.
Langston v. South Carolina, 311 U.S. 685 (Oct.21,1940). Attorneys: Joseph F.Rutherford Hayden C.
Covington
Facts: Affirmance of breach of peace. Conviction for use of loud speakers and record players from door-to-door. 11 S.E. 2d 1. CERT. DENIED
Hussock v. State of New York, 312 U.S. 659 (Mar. 3, 1941). Attorneys: Hayden C. Covington Joseph F. Rutherford
Facts: Affirmance of disorderly conduct conviction for failure to stop magazine selling when ordered to do so. 23 N.Y.S.2d 520. PER CURIAM - Appeal is dismissed for want of jurisdiction.
Cox v. New Hampshire, 312 U.S. 569 (Mar. 31, 1941). Attorneys: Hayden C. Covington Joseph F. Rutherford
Facts: Violation of "parade or procession" statute without a special license.
SUPREME COURT DECISION (PLENARY): Statute upheld, conviction affirmed.
Leiby v. City of Manchester, 313 U.S. 562 (Apr. 7, 1941). Attorney: Hayden C. Covington Joseph F. Rutherford
Facts: Reversal of decision that held that the purchase of a badge before dissemination of religious magazines was unconstitutional. 117 F.2d 661.
CERT. DENIED
Pascone v. Massachusetts, 314 U.S. 641 (Oct. 13, 1941). Attorneys: Hayden C. Covington Joseph F. Rutherford
Facts: Ordinance requiring purchase of permit before displaying placards is unconstitutional on its face. The statute governing distribution of licenses is constitutionally sound. 33 N.E.2d 522. CERT. DENIED
Hannan v. City of Haverhill, 314 U.S. 641 (Oct. 13, 1941). Attorney: Hayden C. Covington
Facts: Affirmance of denial of interlocutory or injunctive relief in case involving city's application of ordinance to restrict witnessing activity. 38 F. Supp. 234; 120 F.2d 87. CERT. DENIED
Trent v. Hunt, 314 U.S. 573 (Oct. 13, 1941). Attorneys: Hayden C. Covington Joseph F. Rutherford
Facts: Lower court dismissed civil rights complaint.
PER CURIAM - Affirmance of dismissal of civil rights complaint in case involving criminal charges against those in the witnessing work.
Bevins v. Prindable, 314 U.S. 573 (Oct. 13, 1941). Attorneys: Hayden C. Covington Joseph F. Rutherford
Facts: Application denied for an injunction against the enforcement of a statute restricting the witnessing work. 39 F. Supp. 708.
PER CURIAM - Affirmance of lower court's denial of application.
Morante v. People, 315 U.S. 803 (Feb.9,1942). Attorneys: Joseph F.Rutherford Hayden C.Covington
Facts: Convicted of violation of Sabbath statute for offering a pamphlet for sale on Sunday. CERT. DENIED
Chaplinsky v. New Hampshire, 315 U.S. 568 (Mar. 9, 1942). Attorneys: Hayden C. Covington, Joseph F. Rutherford Albert A. Albert
Facts: Conviction under statute prohibiting offensive speech. SUPREME COURT DECISION (PLENARY): Affirmance of constitutionality of statute on its face & as applied.
Bohnke v. State of New York, 316 U.S. 667 (Apr. 13, 1942). Attorney: Hayden C. Covington
Facts: Ordinance restricting distribution of literature on private property held constitutionally valid. 27 N.Y.S.2d 241. CERT. DENIED
Jones v. Opelika, 316 U.S. 584 (June 8, 1942).
Jobin v. Arizona
Bowden v. Fort Smith
Attorneys: Hayden C. Covington and Joseph F. Rutherford for Jones. Hayden C. Covington for Jobin. Hayden C. Covington & Osmond K. Fraenkel on behalf of American Civil Liberties Union, as amicus curiae for Bowden.
Facts: Licence tax ordinance held to be valid as applied. SUPREME COURT DECISION (PLENARY): Court affirms license tax ordinance.
Facts: Child custody award to unbelieving mate affirmed. 25 A.2d 769.
CERT. DENIED
Largent v. Reeves, 317 U.S. 668 (Oct. 19, 1942). Attorney: Hayden C. Covington
Facts: Affirmance of conviction under city ordinance restricting sale of literature on the streets and plaza. 162 S.W.2d 419. CERT. DENIED
Killam v. Floresville, 317 U.S. 668 (Oct. 19, 1942). Attorney: Hayden C. Covington
Facts: Convicted for violation of city ordinance regulating peddling within corporate limits. 162 S.W.2d 426. CERT DENIED
Hilley v. Spivey, 317 U.S. 668 (Oct. 19, 1942). Attorney: Hayden C. Covington
Facts: Conviction under city ordinance regulating witnessing work. 162 S.W.2d 428.
CERT. DENIED
McSparran v. City of Portland, 318 U.S.768 (Mar.1,1943). Attorney: Hayden C.Covington
Facts: Appeal dismissed in case involving violation of municipal ordinance affecting witnessing work. 129 P.2d 65. CERT. DENIED
Jamison v. Texas, 318 U.S. 413 (Mar. 8, 1943).
Facts: Convicted of distributing handbills in violation of city ordinance.
SUPREME COURT DECISION (PLENARY): Reversal of conviction as ordinance held unconstitutional.
Largent v. Texas, 318 U.S. 418 (Mar. 8, 1943).
Attorneys: Hayden C. Covington
Facts: Convicted for selling books without a permit under city ordinance.
SUPREME COURT DECISION (PLENARY): Reversal of conviction as ordinance found to be unconstitutional as applied.
Murdock v. Pennsylvania, 319 U.S. 105 (May 3, 1943). "[T]he four cases (Murdock, Jones, Douglas, and Martin) decided on May 3, 1943 resolved thirteen separate cases that had been consolidated for argument."
McAnich, A Catalyst for the Evolution of Constitutional Law: Jehovah's Witnesses in the Supreme Court, 55 Cincinnati L. Rev. 997, 1027 n. 209 (1987)
The thirteen cases are:
Martin v. City of Struthers, 319 U.S. 141 (May 3, 1943).
Jones v. Opelika, 319 U.S. 103 (May 3, 1943).
Bowden v. Fort Smith
Jobin v. Arizona
Murdock v. Pennsylvania
Perisich v. Pennsylvania
Mowder v. Pennsylvania
Seders v. Pennsylvania
Lamborn v. Pennsylvania
Maltezos v. Pennsylvania
Tzanes v. Pennsylvania
Tzanes v. Pennsylvania
Douglas v. City of Jeanette, 319 U.S. 157 (May 3, 1943)
Murdock v. Pennsylvania, 319 U.S. 105 (May 3, 1943)
Perisich v. Pennsylvania
Mowder v. Pennsylvania
Seders v. Pennsylvania
Lamborn v. Pennsylvania
Maltezos v. Pennsylvania
Tzanes v. Pennsylvania
Tzanes v. Pennsylvania
Attorney: Hayden C. Covington
Facts: Conviction for failure to pay a license tax before engaging in door-to-door literature distribution.
SUPREME COURT DECISION (PLENARY): Reversal of conviction as ordinance held unconstitutional.
Jones v. Opelika, 319 U.S. 103 (May 3, 1943).
Bowden v. Fort Smith
Jobin v. Arizona
Attorney: Hayden C. Covington General Conference of Seventh Day Adventists and Osmond K. Fraenkel, on behalf of the American Civil Liberties Union filed a amicus curiae brief on reargument.
Jones, Bowden and Jobin have been counted as case #24, #25 and #26.
PER CURIAM - Reversal on rehearing. Ordinance invalid as applied.
Douglas v. City of Jeannette, 319 U.S. 157 (May 3, 1943). Attorney: Hayden C. Covington
Facts: Reversal of injunction against the enforcement of license tax law as applied to witnessing work.
SUPREME COURT DECISION (PLENARY): Jehovah's Witnesses did not have the right to enjoin by federal injunction, but the remedy of defense from the Murdock case was sufficient.
Martin v. City of Struthers, 319 U.S. 141 (May 3, 1943).
Facts: Violation of ordinance restricting the distribution of handbills.
Attorneys: Hayden C. Covington & Victor F. Schmidt
SUPREME COURT DECISION (PLENARY): Ordinance found constitutionally invalid.
Taylor v. Mississippi, 319 U.S. 583 (June 14, 1943).
Benoit v. Mississippi
Cummings v. Mississippi
Attorney: Hayden C. Covington
Facts: Conviction for dissemination of anti-flag salute teachings and leaflets.
SUPREME COURT DECISION (PLENARY): Convictions set aside.
Busey v. District of Columbia, 319 U.S. 579 (June 14, 1943). Attorney: Hayden C. Covington
Facts: Convicted for failure to pay a license tax before distribution of literature.
PER CURIAM - Conviction vacated and remanded to lower court in light of Murdock.
West Virginia State Board of Education v. Barnette, 319 U.S.
624 (June 14, 1943).
Attorney: Hayden C. Covington
Also: Briefs of Amicus Curiae from Committee on the Bill of Rights of the American Bar Association, and American Civil Liberties Union.
Facts: West Virginia State Board of Education appealed lower court ruling reversing compulsory flag-salute.
SUPREME COURT DECISION (PLENARY): Compulsory flag-salute
regulation held unconstitutional, thereby reversing its Gobitis decision and earlier per curiam flag-salute dispositions Leoles, Hering, and Johnson.
Davis v. State of Arizona, 319 U.S.775 (June 14, 1943). Attorney: Hayden C.Covington
Facts: Parents convicted for contributing to the delinquency of a minor for teaching their children to refuse to salute the flag. 120 P.2d 808.
CERT. DENIED
Mathews v. West Virginia ex rel. Hamilton, 320 U.S.707 (Oct.
Attorney: Hayden C. Covington
Facts: Injunction permanently restraining distribution of literature within the county.
PER CURIAM - Judgment vacated in light of Taylor, Benoit, Cummings & Barnette.
Bennett v. City of Dalton, 320 U.S. 712 (Nov. 15, 1943). Attorneys: Hayden C. Covington Grover C. Powell
Facts: Conviction for disorderly conduct in witnessing activity affirmed.
PER CURIAM - Appeal dismissed for want of a substantial federal question.
Falbo v. United States, 320 U.S. 549 (Jan. 3, 1944). Attorney: Hayden C. Covington & Victor F. Schmidt On the brief, National Committee on Conscientious Objectors of the American Civil Liberties Union as amicus curiae
Facts: Failure to report for induction. SUPREME COURT DECISION (PLENARY): Conviction affirmed.
Prince v. Massachusetts, 321 U.S. 158 (Jan. 31, 1944). Attorney: Hayden C. Covington
Facts: Child-labor law violated by the child's distribution of magazines.
SUPREME COURT DECISION (PLENARY): Conviction affirmed.
Follett v. Town of McCormick, 321 U.S. 573 (Mar. 27, 1944). Attorney: Hayden C. Covington
Grover C. Powell, on the brief
Facts: Convicted of violating flat license tax ordinance. SUPREME COURT DECISION (PLENARY): Conviction under ordinance reversed. License tax as applied was found unconstitutional.
Clayton v. United States, 322 U.S. 745 (May 22, 1944). Attorney: Hayden C. Covington
FACTS: Induction case. Conviction upheld on the authority of Falbo. 141 F.2d 494.
CERT. DENIED
Grieme v. United States, 322 U.S. 744 (May 22, 1944). Attorneys: Hayden C. Covington
Facts: Induction case. Conviction upheld on the authority of Falbo. 141 F.2d 495.
CERT. DENIED
United States ex rel. Lohrberg v. Nicholson, 322 U.S. 744 (May 22, 1944).
Attorney: Hayden C. Covington
Facts: Affirmance of orders denying writs of habeas corpus in induction case. 141 F.2d 689. CERT. DENIED
Stull v. United States, 322 U.S. 745 (May 22, 1944). Attorney: Hayden C. Covington FACTS: Induction case. Conviction upheld on the authority of Falbo. 141 F.2d 494. CERT. DENIED
United States ex rel. Falbo v. Kennedy, 322 U.S. 745 (May 23, 1944).
Attorney: Hayden C. Covington
Facts: Affirmance of orders denying writs of habeas corpus in induction case. 141 F.2d 689.
CERT. DENIED
Rinko v. United States, 325 U.S. 851 (Apr. 30, 1945). Attorney: Hayden C. Covington Facts: Affirmance of conviction for failure to submit to induction. 147 F.2d 1. CERT. DENIED
Marsh v. Alabama, 326 U.S. 501 (Jan. 7, 1946).
Attorney: Hayden C. Covington
Grover C. Powell, on the brief.
Facts: Conviction for trespassing on company-owned sidewalk in company-owned town.
SUPREME COURT DECISION (PLENARY): Trespass conviction reversed.
Tucker v. Texas, 326 U.S. 517 (Jan. 7, 1946).
Attorney: Hayden C. Covington
Grover C. Powell, on the brief.
Facts: Convicted for trespassing a government-owned village.
SUPREME COURT DECISION (PLENARY): Trespass conviction set aside.
Estep v. United States, 327 U.S. 114 (Feb. 4, 1946).
Smith v. United States
Attorney: Hayden C. Covington
Grover C. Powell &
Curran E. Cooley, on the brief.
Facts: Conviction for refusing to submit to induction.
SUPREME COURT DECISION (PLENARY): Conviction reversed.
Rea v. McDonald, 327 U.S. 794 (Mar. 25, 1946). Attorney: Hayden C. Covington Facts: Affirmance of dismissal of defendant's habeas corpus petition in induction case. 153 F.2d 190. CERT. DENIED
Cahoon v. United States, 329 U.S. 739 (Oct. 14, 1946). Attorney: Hayden C. Covington Facts: Conviction for violation under selective service act affirmed. 152 F.2d 752. CERT. DENIED
CERT. DENIED
Gibso v. United States, 329 U.S. 338 (Dec. 23, 1946).
Dodez v. United States
Attorney: Hayden C. Covington
Facts: Convictions for failure to report for work of national importance and desertion from the public service camp.
SUPREME COURT DECISION (PLENARY): Convictions were reversed.
Balogh v. United States, 331 U.S. 837 (June 2, 1947). Attorney: Hayden C. Covington Facts: Convicted for failure to report for induction. 160 F.2d 999. PER CURIAM - Conviction affirmed.
Sunal v. Large, 332 U.S. 174 (June 23, 1947).
Alexander v. United States ex rel. Kulick Attorney: Hayden C. Covington Facts: Conviction for failure to submit to induction. SUPREME COURT DECISION (PLENARY): Conviction affirmed.
Klopp v. Overlade, 332 U.S. 771 (Oct. 13, 1947). Attorney: Hayden C. Covington Facts: Affirmance of conviction under selective service act. 162 F.2d 343. CERT DENIED
CERT. DENIED
Peel v. Michigan, 332 U.S. 758 (Oct. 13, 1947). Attorney: Hayden C. Covington
Facts: Affirmance of conviction under city ordinance prohibiting the participation of children in distribution of literature. 26 N.W.2d 904.
CERT. DENIED
Fox v. People, 332 U.S. 758 (Oct. 13, 1947).
Facts: Affirmance of conviction under city ordinance prohibiting the participation of children in distribution of literature. 26 N.W.2d 904.
CERT. DENIED
Ciocarlan v. Michigan, 332 U.S. 758 (Oct.13,1947). Attorney: Hayden C.Covington
Facts: Affirmance of conviction under city ordinance prohibiting the participation of children in distribution of literature. 26 N.W.2d 904.
CERT. DENIED
Watchtower Bible & Tract Society, Inc. v. County of Los Angeles, 332 U.S.811 (Oct. 27, 1947).
Attorney: Hayden C. Covington
Facts: Property tax assessment of Watchtower's real property used for storage of literature found constitutionally valid. 182 P.2d 178.
CERT. DENIED
Cox v. United States, 332 U.S. 442 (Nov. 24, 1947).
Thompson v. United States
Roisum v. United States
Attorney: Hayden C. Covington
Facts: Convictions for absence without leave from a civilian public service camp.
SUPREME COURT DECISION (PLENARY): Conviction affirmed.
Saia v. New York, 334 U.S. 558 (June 7,1948). Attorney: Hayden C.Covington
Facts: Convicted of violating municipal ordinance prohibiting use of sound trucks.
SUPREME COURT DECISION (PLENARY): Ordinance held unconstitutional.
Hall v. Virginia, 335 U.S. 875 (Dec. 6, 1948). Attorneys: Hayden C. Covington Thomas H. Stone
Facts: Witness convicted under trespass statute for distribution of handbills in apartment building. 49 S.E.2d 369. PER CURIAM - Appeal is dismissed.
Watchtower Bible & Tract Society, Inc. v. Metropolitan Life Insurance Company, 335 U.S. 886 (Dec. 6,1948).
Facts: Affirmance of judgment for Metropolitan Life. Plaintiffs sought injunctive relief against a written regulation restricting witnessing work in apartment buildings. 69 N.Y.S.2d 385. CERT. DENIED
Niznik v. United States, 337 U.S. 925 (June 6,1949) Attorneys: Hayden C.Covington Victor F. Schmidt Grover C.Powell
Facts: Conviction for willfully leaving civilian public service camp in violation of selective service act. Reversed and remanded. 173 F.2d 328.
CERT. DENIED
Comodor v. United States, 337 U.S.925 (June 6,1949). Attorneys: Hayden C.Covington Victor F. Schmidt Grover C.Powell
Facts: Conviction for willfully leaving civilian public service camp in violation of selective service act. Reversed and remanded. 173 F.2d 328.
CERT. DENIED
Gibson v. Reynolds, 337 U.S.925 (June 6,1949) Attorneys: Hayden C.Covington Grover C.Powell
Facts: Affirmance of dismissal of complaint seeking damages for improper classification under selective service. 149 F.2d 751.
CERT. DENIED
Peterson v. United States, 337 U.S. 925 (June 6,1949) Attorneys: Hayden C.Covington Victor F. Schmidt Grover C.Powell
Facts: Affirmance of conviction for willfully leaving civilian public service camp in violation of selective service act. 173 F.2d 111.
CERT. DENIED
Niemotko v. Maryland, 340 U.S.268 (Jan.15,1951)
Kelley v. Maryland Attorney: Hayden C. Covington
Facts: Disorderly conduct for holding Bible talks in public park without a permit.
SUPREME COURT DECISION (PLENARY): Convictions reversed.
Labrenz v. Illinois ex rel. Wallace, 344 U.S.824 (Oct.13, 1952)
Attorney: Hayden C. Covington
Facts: Blood transfusion of child. 104 N.E.2d 769 CERT. DENIED
Salvaggio v. Barnett, 344 U.S. 879 (Nov.10,1952). Attorney: Hayden C.Covington
Facts: Child Custody. 248 S.W.2d 244.
CERT. DENIED
Fowler v. Rhode Island, 345 U.S.67 (Mar.9,1953). Attorney: Hayden C.Covington
Facts: Conviction for holding a religious meeting in a park in violation of ordinance.
SUPREME COURT DECISION (PLENARY): Reversal of conviction.
Poulos v. New Hampshire, 345 U.S. 395 (Apr.27,1953). Attorney: Hayden C.Covington
Facts: Conviction under ordinance requiring religious speakers to apply for a license before conducting services in a park. SUPREME COURT DECISION (PLENARY): Conviction upheld.
Facts: Pioneer denied ministerial exemption under military training and services act.
SUPREME COURT DECISION (PLENARY): Denial of exemption reversed.
United States v. Nugent, 346 U.S.1 (June 8, 1953).
Herman Alderstein, on the brief.
Facts: Registrants rights were violated in not being able to investigate FBI reports in induction case. SUPREME COURT DECISION (PLENARY): Decision reversed. Registrant's rights not violated.
Gonzales v. United States, 348 U.S. 407 (Mar.14,1955). Attorney: Hayden C.Covington Facts: Conviction for refusal to submit to induction. SUPREME COURT DECISION (PLENARY): Conviction reversed.
Attorney: Hayden C. Covington
Facts: Conviction for willfully refusing to submit to induction. SUPREME COURT DECISION (PLENARY): Conviction affirmed.
Sicurella v. United States, 348 U.S. 385 (Mar. 14, 1955). Attorney: Hayden C. Covington
Facts: Conviction for willfully refusing to submit to induction. SUPREME COURT DECISION (PLENARY): Conviction reversed.
Simmons v. United States, 348 U.S. 397 (Mar. 14, 1955). Attorney: Hayden C. Covington Facts: Conscientious objector claim denied. SUPREME COURT DECISION (PLENARY): Conviction reversed because of due process violations in withholding unfavorable evidence.
Bates v. United States, 348 U.S. 966 (Mar. 28, 1955). Attorney: Hayden C. Covington Facts: Conscientious objector exemption denied PER CURIAM - Conviction reversed.
Simon v. United States, 348 U.S. 967 (Mar. 28, 1955). Attorney: Hayden C. Covington Facts: Conviction for refusal to sbmit to induction. 218 F.2d 127. PER CURIAM - Conviction reversed.
Bradley v. United States, 348 U.S. 967 (Mar. 28, 1955). Attorney: Hayden C. Covington Facts: Conviction for refusal to submit to induction. 218 F.2d 657.
PER CURIAM - Conviction reversed.
DeMoss v. United States, 349 U.S. 918 (May 9, 1955). Attorney: Hayden C. Covington Facts: Conscientious objector exemption denied. PER CURIAM - Conviction reversed.
Johnston v. United States, 351 U.S. 215 (May 21, 1956).
United States v. Patteson
Attorney: Hayden C. Covington
Facts: Johnston was convicted for failure to report for civilian work. Patteson was not convicted, so United States appealed. SUPREME COURT DECISION (PLENARY): Johnston's conviction was upheld. In the Patteson case, the lower court's decision was reversed and he was convicted.
Swift v. Borough of Bethel, 355 U.S.40 (Nov. 12, 1957). Attorney: Hayden C.Covington
Facts: Challenge of zoning regulation restricting building of church building.
PER CURIAM - Dismissal for want of a substantial federal question.
Korte v. United States, 358 U.S. 928 (Jan. 12, 1959). Attorney: Hayden C. Covington
Facts: Affirmance of conviction for failure to submit to induction. 260 F.2d 633.
CERT. DENIED
United States v. Wiggins, 359 U.S. 942 (Mar. 23, 1959). Attorneys: Victor V. Blackwell Hayden C. Covington
Hayden C. Covington
Facts: Reversal of conviction for failure to perform civilian duties. 261 F.2d 113.
CERT. DENIED
Rogers v. United States, 359 U.S. 967 (Apr. 20, 1959). Attorney: Hayden C. Covington
Facts: Affirmance of conviction for failure to submit to induction. 263 F.2d 283.
CERT. DENIED
Milwaukie Company of Jehovah's Witnesses v. Mullen, 359 U.S.
Attorney: Hayden C. Covington
Facts: Challenge of zoning ordinance restricting church building. 330 P.2d 5.
PER CURIAM - Appeal dismissed.
Allendale Congregation of Jehovah's Witnesses v. Grosman, 361
U. S. 536 (Feb.23,1960)
Attorney: Hayden C. Covington
Facts: Challenge of denial of permit to build Kingdom Hall. 152 A.2d 569.
PER CURIAM - Dismissal for want of a substantial federal question.
Bjorson v. United States, 362 U.S.949 (Apr.18,1960). Attorney: Hayden C.Covington
Facts: Affirmance of convictions of conscientious objectors who failed to report for civilian work. 272 F.2d 244.
Corliss v. United States, 364 U.S. 884 (Nov. 7, 1960 Attorneys: Herman Alderstein Hayden C. Covington
Facts: Affirmance of conviction for failure to submit to induction. 280 F.2d 808.
CERT. DENIED
Venus v. United States, 368 U.S. 345 (Dec. 18, 1961). Attorney: Hayden C. Covington Facts: Convicted for failing to keep local draft board advised of address where mail would reach him. PER CURIAM - Judgment reversed and indictment dismissed.
Perricone v. New Jersey, 371 U.S. 890 (Nov. 5, 1962). Attorney: Hayden C. Covington Facts: Blood transfusion. 181 A.2d 751. CERT. DENIED
Beaver v. United States, 371 U.S. 951 (Jan. 7, 1963). Attorneys: Hayden C. Covington Richard M. Welling Facts: Affirmance of conviction for failure to submit to induction. 309 F.2d 273. CERT. DENIED
CERT. DENIED
Willard v. United States, 372 U.S. 960 (Apr. 1, 1963). Attorney: Hayden C. Covington Facts: Conviction for failure to submit to induction affirmed. 312 F.2d 605. CERT. DENIED
CERT. DENIED
Donats v. United States, 374 U.S. 828 (June 17, 1963). Attorney: J.B.Tietz
Facts: Conviction for failure to submit to induction affirmed. 314 F.2d 67. CERT. DENIED
Jones v. President & Directors of Georgetown College, Inc., 377 U.S.978 (June 15,1964).
Attorneys: Bernard Margolius Ralph H. Deckelbaum
Facts: Blood transfusion. 331 F.2d 1000.
CERT. DENIED
Anderson v. Raleigh Fitkin-Paul Morgan Memorial Hospital, 377 U.S.985 (June 19,1964). Attorney: Bernard Margolius Ralph H. Deckelbaum
Facts: Blood transfusion. 201 A.2d 537 CERT. DENIED
Jehovah's Witnesses in the State of Washington v. King County Hospital Unit No. 1 (Harboniew), 390 U.S. 598 (Apr. 8, 1968). Attorneys: Victor V. Blackwell Daniel Brink Kenneth S. Jacobs
Kenneth S. Jacobs
Facts: Blood transfusion. 278 F. Supp. 488.
Facts: Blood transfusion. 278 F. Supp. 488. PER CURIAM - Affirmance of dismissal of class action challenging constitutionality of state statute.
Hart v. United States, 391 U.S. 956 (May 27, 1968).
Attorney: Mercer D. Tate
Facts: Affirmance of indictment for failure to report to Draft Board. 382 F.2d 1020.
CERT. DENIED
Chacon v. United States, 404 U.S.874 (Oct.12,1971). Attorney: Not reported
Facts: Conviction for failure to report to civilian work affirmed. 443 F.2d 411.
CERT. DENIED
Lyzun v. United States, 404 U.S.948 (Nov. 9, 1971). Attorney: Not reported
Facts: Affirmance of conviction for failure to submit to induction. 444 F.2d 1043.
CERT. DENIED
Manning v. United States, 414 U.S. 913 (Oct. 15, 1973). Attorney: Not reported
Facts: Conviction for failure to perform civilian work affirmed. 478 F.2d 1380.
CERT. DENIED
Harmon v. United States, 414 U.S. 913 (Oct. 14, 1973) Attorney: Not reported
Facts: Affirmance of conviction for failure to submit to induction. 486 F.2d 363.
CERT. DENIED
Wooley v. Maynard, 430 U.S. 705 (Apr. 20, 1977). Attorney: Richard S. Kohn Jack B. Middleton, R. David DePuy, Melvin L. Wulf & Joel M. Gore, on the brief.
Facts: Declaratory and injunctive relief against enforcement of statute making it a crime to obscure words "Live Free or Die" on license tag.
SUPREME COURT DECISION (PLENARY): Affirmance. State cannot enforce statute that infringes respondent's first amendment rights.
Johnson v. Johnson, 434 U.S. 1048 (Jan. 23, 1978). Attorney: Not reported
Facts: Child custody. 564 P.2d 71.
CERT. DENIED
Palmer v. Board of Education of the City of Chicago, 444 U.S. 1026 (Jan.7,1980).
Attorney: Not reported
Facts: Affirmance of dismissal of kindergarten school teacher for refusal to engage in patriotic activities. 603 F.2d 1271.
CERT DENIED
Thomas v. Review Board 450 U.S.707 (Apr.6,1981). Attorney: Blanca Bianchi de la Torre Seymour H. Moskowitz, Michael Martin Mulder, on the brifs.
Facts: Denial of unemployment compensation to employee who terminated job because of religious convictions.
SUPREME COURT DECISION (PLENARY): Conviction reversed. Denial of unemployment benefits violated petitioner's first amendment rights.
Lakewood, Ohio Congregation of Jehovah's Witnesses, Inc. v. City of Lakewood Ohio, 464 U.S. 815 (Oct. 3, 1983).
Attorney: Not reported
Facts: Ordinance prohibiting construction of place of worship found constitutional. 699 F.2d 303.
CERT. DENIED
Shorter v. Drury, 474 U.S. 827 (Oct. 7, 1985). Attorney: Not reported
Facts: Blood transfusion. 695 P.2d 116.
CERT. DENIED
Tauvar v. Bar Harbor Congregation of Jehovah's Witnesses,
Inc., 479 U.S. 1038 (Jan 12, 1987).
Attorney: Not reported
Facts: Civil rights suit by disfellowshipped person.
787 F.2d 579.
CERT. DENIED
Paul v. Watchtower Bible & Tract Society of New York, Inc., 484 U.S.926 (Nov.2,1987). Attorney: Not reported
Facts: Disfellowshipped person challenging "shunning" practice. 819 F.2d 875.
CERT. DENIED
Mendez v. Mendez, 108 S. Ct. 1122 (Mar. 7, 1988). Attorney: Not reported
Facts: Child custody. 527 So. 2d 820.
CERT. DENIED
Chaisson v. Rutland, 109 S. Ct. 58 (Oct. 3, 1988). Attorney: Donald T. Ridley Michael Sloan
Facts: Child custody. 729 S.W. 2d 923.
CERT. DENIED DEFINITIONS:
CERT. DENIED is the shortened term for "petition for writ of certiorari is denied." This is the name of a writ of review or inquiry. This writ is issued from a superior court calling up the record of a proceeding in an inferior court for review. Black's Law Dictionary states: Certiorari is an appellate proceeding for re-examination of action of inferior tribunal or as auxiliary process to enable appellate court to obtain further information in pending cause. It lies as a substitute for an appeal.
PER CURIAM: A phrase used in the reports to distinguish an opinion of the whole court from an opinion written by any one judge. These were usually very brief, unanimous decisions made without lengthy discussions and could be without oral argument by attorneys. Per curiam dismissal for want of a substantial federal question is the procedural equivalent of a denial of a petition for writ of certiorari.
PLENARY: A full, complete consideration of the merits of the case by all the justices.