Volume 492 — United States Reports

Murray v. Giarratano, 492 U.S. 1 (1989), is a United States Supreme Court case in which the Court held that capital defendants do not have a constitutional right to counsel in state collateral postconviction proceedings.

Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), is a 1989 United States Supreme Court case in which the court held that, in general, the Seventh Amendment entitles a person who has not submitted a claim against a bankruptcy estate to a jury trial when sued by the bankruptcy trustee over an issue where the jury trial right attaches. The jury trial right attaches to all proceedings, even new ones created by Congress, as long as the proceeding involves issues that could have been heard by a common law court. That said, Congress might permissibly assign the resolution of a claim to a non-Article III adjudicative body that does not use a jury as factfinder.

Section 106(c) of the Bankruptcy Code provides that "notwithstanding any assertion of sovereign immunity" any provision of the Code that contains " 'credi or,' 'entity,' or 'governmental unit'… Held: The judgment is affirmed. 850 F.2d 50 (CA2, 1988), affirmed. Justice WHITE, joined by THE CHIEF JUSTICE, Justice O'CONNOR, and Justice KENNEDY, concluded that in enacting § 106(c) Congress did not abrogate the Eleventh Amendment immunity of the States.

Sable Communications of California v. Federal Communications Commission, 492 U.S. 115 (1989), was a United States Supreme Court case involving the definition of "indecent material" and whether it is protected under the First Amendment to the United States Constitution. The Court invalidated part of a federal law that prohibited "dial-a-porn" telephone messaging services by making it a crime to transmit commercial telephone messages that were either "obscene" or "indecent".

Held: "[t]he concerns underlying the Freedom of Information Act [were] inapplicable, for the agency . . . made no effort to avoid disclosure." 445 U. S., at 386. We therefore approved the Commission's compliance with the injunction, noting that when Congress passed the FOIA, it had not "intended to require an agency to commit contempt of court in order to release documents.

The Public Employees Retirement System of Ohio (PERS), established by statute in 1933, provides retirement benefits for state and local government employees. Held: Section 4(f)(2) exempts all provisions of bona fide employee benefit plans from the purview of the ADEA, unless the plan is a subterfuge for discrimination in the non-fringe-benefit aspects of the employment relationship, and summary judgment for appellee was therefore inappropriate. Pp. 165-182.

Duckworth v. Eagan, 492 U.S. 195 (1989), was a United States Supreme Court case dealing with police behavior when issuing the Miranda warning. The Court's decision was seen as weakening Miranda's protections.

The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, which is Title IX of the Organized Crime Control Act of 1970 (OCCA), imposes criminal and civil liability upon… Held: In order to prove a pattern of racketeering activity, a plaintiff or prosecutor must show at least two racketeering predicates that are related and that amount to, or threaten the likelihood of, continued criminal activity.

Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.

Penry v. Lynaugh, 492 U.S. 302 (1989), was a United States Supreme Court case that upheld the death penalty for mentally disabled offenders because the Court determined executing the intellectually disabled was not "cruel and unusual punishment" under the Eighth Amendment. However, because Texas law did not allow the jury to give adequate consideration as a mitigating factor to Johnny Paul Penry's intellectual disability at the sentencing phase of his murder trial, the Court did remand the case for further proceedings.

Stanford v. Kentucky, 492 U.S. 361 (1989), was a United States Supreme Court case that sanctioned the imposition of the death penalty on offenders who were at least 16 years of age at the time of the crime. This decision came one year after Thompson v. Oklahoma, in which the Court had held that a 15-year-old offender could not be executed because to do so would constitute cruel and unusual punishment.

Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 492 U.S. 408 (1989), is a United States Supreme Court case in which the Court held that the Yakima Indian Nation did not hold exclusive zoning authority over all fee lands in their reservation.

Board of Trustees of State University of New York v. Fox, 492 U.S. 469 (1989), is a United States Supreme Court case in which the Court instructed a lower court to reevaluate the compatibility of a resolution of the State University of New York that prohibited private commercial enterprises from operating in SUNY facilities with the First Amendment. The Court instructed the lower court to use the standard outlined in Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) and determine whether the restriction on speech advanced the state's interest and, if so, whether the state's method was the least restrictive means to that end.

Webster v. Reproductive Health Services, 492 U.S. 490 (1989), was a United States Supreme Court decision on upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling an abortion. The Supreme Court in Webster allowed for states to legislate in an aspect that had previously been thought to be forbidden under Roe v. Wade (1973).

County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second was an 18-foot (5.5 m) public Hanukkah menorah, placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.

Held: was not a remedy available to private plaintiffs under § 16 of the Clayton Act, 38 Stat. 737 , as amended, 15 U. S. C. §26 . 872 F. 2d, at 844-846 . Accordingly, the Court of Appeals remanded the case, concluding that the District Court’s order enjoining respondents from integrating their operations was overly broad and thus an abuse of discretion.