Private Truck Council of America, Inc. v. Rodney S. Quinn, Secretary of State of Maine
476 U.S. 1129
SCOTUS
1986
Check Treatment

PRIVATE TRUCK COUNCIL OF AMERICA, INC., ET AL. v. QUINN, SECRETARY OF STATE OF MAINE, ET AL.

No. 85-1423

Sup. Jud. Ct. Me.

476 U.S. 1129

the State‘s showing is a question properly left to the Florida Supreme Court. Even if the Florida Supreme Court had not already declared that the statute created only a permissive inference, the Court of Appeals still should have allowed the Florida courts to interpret their statute to conform with federal constitutional requirements. And, even if the statute were incapable of such interpretation, the Florida courts should have been left free to make that determination in the first instance.

The holding of the Court of Appeals is not only incorrect but also completely gratuitous. After holding that the petition should be granted because of the flawed jury instruction, it had no reason to go on and take the drastic step of holding a state statute unconstitutional, thereby leaving the State with no means of retrying Miller. Accordingly, I would grant the petition and at least allow plenary consideration of the issue.

Certiorari denied.

JUSTICE WHITE, with whom JUSTICE BRENNAN and JUSTICE O‘CONNOR join, dissenting.

In this case, the Supreme Judicial Court of Maine held that an allegation that a State has violated the Commerce Clause is not cognizable in an action under 42 U. S. C. § 1983.

. This decision, while supported by the weight of authority, see, e. g.,
, cert. denied,
, conflicts with the holding in
. I would grant certiorari to resolve this conflict.

This case also presents the question whether persons subjected to an unconstitutional tax, the nonpayment of which is a crime, may bring a refund action under the Fourteenth Amendment if no state refund procedure is available. The Supreme Judicial Court recognized that the Fourteenth Amendment may require a refund of unconstitutional taxes paid under compulsion. See

;
. However, the court rejected the “implied duress” theory of
, and held that petitioners have no right of recovery under the Fourteenth Amendment because they failed to present evidence that the State actually threatened them with arrest or seizure of personal property if they failed to pay the tax in question. Because this holding calls into question the continuing vitality of
, I would grant certiorari on this issue as well.

EMERSON ELECTRIC CO. v. SWENSON ET AL.

No. 85-1617

Sup. Ct. Minn.

Motion of Chamber of Commerce of the United States et al. for leave to file a brief as amici curiae granted. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.

DAVID v. LOUISIANA

No. 85-5273

Sup. Ct. La.

Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari.

SKAGGS v. KENTUCKY (two cases)

No. 85-5793

Sup. Ct. Ky.

JOHNSON v. TENNESSEE

No. 85-6525

Sup. Ct. Tenn.

ROGERS, AKA HEYDUK v. NEVADA

No. 85-6630

Sup. Ct. Nev.

FARMER v. NEVADA

No. 85-6631

Sup. Ct. Nev.

Certiorari denied.

JUSTICE BRENNAN and JUSTICE MARSHALL, dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments,

, we would grant certiorari and vacate the death sentences in these cases.

ANDERSON v. SPRING LAKE PARK PARTNERSHIP

No. 85-6556

C. A. 8th Cir.

Certiorari denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition.

STRAIGHT v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL.

No. 85-6930 (A-889)

Sup. Ct. Fla.

Application for stay of execution of sentence of death, presented to JUSTICE POWELL, and by him referred to the Court,