Incorporation Cases

  • Chicago, Burlington, and Quincy Railroad Company V City of Chicago

    Chicago, Burlington, and Quincy Railroad Company V City of Chicago
    Chicacgo wanted to connect two disjoint sections of Rockwell Street over private property. The city potitioned to have the necessarry land condemned. The railroad got one dollar and the individuals got compensation. The railroad appealed the judgement, alleging that the 14th Amendment. The Supreme Court affirmed the judgement.
  • Gitlow V. New York

    Gitlow V. New York
    Gitlow was a socialist and got arrested in 1919 for distributing a "Left Wing Manifesto" and he was convicted under New Yorks Criminal Anarchy Law. The appellate division convicted him. It was about the political speech in the First Amendment.
  • Near V. Minnesota

    Near V. Minnesota
    Jay and Howard accused local officials of being implicated with gangsters. Officials put a purmanent injunction against The Saturday Press an the grounds that it violated the Public Nuisance Clause. The State Supreme Court decided it was not against the 1st Amendment for the free press provision.
  • DeJonge V. Oregon

    DeJonge V. Oregon
    The US Supreme Court held that the 14th Amendments due clause applies to freedom of assembly. The case ruled that state governments can not violate the 14th Amendment right of peaceable assembly.
  • Cantwell V. Conneticut

    Cantwell V. Conneticut
    Two pedestrians reacted angrily to an anti-catholic message. Cantwell was then arrested and charged with violation of a Connecticut statue requirig solicitors to obtain a certificate before soliciting funds from the public and inciting a common-law breach of the peace. They argue the First Amendment.
  • Everson V. Board of Education of the Township of Ewing

    Everson V. Board of Education of the Township of Ewing
    Everson filed a lawsuit alleged that this indirect aid to religion violated both the New Jersey State Constitution and the First Amendment. Everson appealed to the US Supreme Court on federal constitutional grounds.
  • In re Oliver

    In re Oliver
    It invloved the right of due process in state proceedings. The Sixth Amendment states that criminal prosecutions require the defendent to be informed of the nature and cause of the accusation and to have the assisstance of counsel for his defense. A witness in grand jury hearing was convicted and sent to jail.
  • Mapp V. Ohio

    Mapp V. Ohio
    Dollree Mapp was convicted of possessing obscene materials after illegal police search of her home for a fugitive. She appealed her conviction on the besis of freedom of expression. Argued the Fourth Amendment, because the police did a illegal search without a warrent.
  • Robinson V. California

    Robinson V. California
    A jury found defendent guilty under a California statute that criminalized being addicted to narcotics. His conviction was affirmed on appeal. Defendent sought further review from the US Supreme Court. Some question if the conviction was against the 8th Amendment.
  • Gideon V. Wainwright

    Gideon V. Wainwright
    Gideon was charged with felony breaking and entering. He asked the court to appoint him a lawyer. The court denied him one. Gideon then filed a habeas corpus petition in the court and argued that the trial courts decision violated his 6th Amendment right to be represented by counsel. They denied it and sent him to prison for 5 years.
  • Ker V. California

    Ker V. California
    Police officers thought Ker and his wife were selling drugs, so they went into their house without a warrentbut found drug. Ker files that without a warrent violated the Fourth Amendment. District Court upheld the entry and allowed the evidence and they got convicted.
  • Edwards V. South Carolina

    Edwards V. South Carolina
    187 black students were convicted in a magistrates court of breach of the peace for peacefully assembling at the State Government. They convicted that there was a absence of any evidence of the commmission of the offense and that they were denied due process of law. The First and Fourteenth Amendment was questioned.
  • Malloy V. Hogan

    Malloy V. Hogan
    Malloy was arrested during a gambling raid. He pleaded guilty to pool selling, a misdemeanor, he was sent to jail and fined. It was suspended after 90 days. Malloy filed a habeas corpus petition challenging his confinement, according to the 5th Amendment, against self-incriminating and the court granted certiorari.
  • Pointer V. Texas

    Pointer V. Texas
    They overuled Pointers claim that the use of the transcript violated his rights under the Sixth and Fourteenth Amendment.
  • Miranda V. Arizona

    Miranda V. Arizona
    Miranda was arrested in his house and brought to the police station where he was questioned. The police get a written confession from him. The jury found Miranda guilty. They filed it was not against the 5th Amendmentfor self-incrimination.
  • Washington V. Texas

    Washington V. Texas
    Washington was convicted of murder and sentenced to 50 years in prison. Washington alleged at trial that he was already convicted for the same murder. Washington argued that refusing to allow Fuller to testify violated his Sixth Amendment right to compulsory process for obtaining a witness in his favor. They confirmed the conviction.
  • Benton V. Maryland

    Benton V. Maryland
    Benton was charged with burglary and larceny. Jury found him not guilty of larceny, but guilty of burglary. He then won his appeal, because he said the grand jury that indicted him and the petit jury that convicted him were selected unconstitutionally against the Fifth Amendment. They held that the double-jeopardy clause did not apply to state court criminal proceedings.
  • Schilb V. Kuebel

    Schilb V. Kuebel
    Petitioner was charged with murder and had bail set at several million dollars. Following petitioners acquitted, the clerk retained 1% bond fee from the money. Petitioner payed no portion of the bond fee now claims that the bail statute is against the 4th Amendment.
  • Rabe V. Washington

    Rabe V. Washington
    Petitioner was convicted of violating obscenity statute forshowed inappropriate films. Washinton Supreme Court did not hold that the film was obscene. The Sixth Amendment, because the place where a film is shown was an element of the offense.
  • Argersinger V. Hamlin

    Argersinger V. Hamlin
    Supreme Court case decided that the accused cannot be subjected to actual imprisonment unless provided with counsel. Using the Sixth Amendment and through the Fourteenth Amendment. Made the right to counsel provided in Sixth Amendment.
  • McDonald V. Chicago

    McDonald V. Chicago
    Several suits were filed against Chicago and Oak Pork challenged their gun bans after the court ruled that a District of Columbia handgun ban violated the Second Amendment. The court decided to dismiss the suits. On appeal, the US Court of appeals for the seventh circut affirmed.
  • Timbs V. Indiana

    Timbs V. Indiana
    The state had sought to forfeit Timbs Land Rover. The trial court denied and ruled that the forfeiture would be and excessive fine under the Eighth Amendment.