04-23-1975 Justice Rehnquist, Per Curiam

Under Massachusetts procedure, a two-tier system is utilized for trial of a variety of criminal charges. The initial trial under this system is in a county district court or the Municipal Court of the City of Boston. No jury is available in these courts, but persons who are convicted in them may obtain a de novo trial, with a jury in the appropriate superior court by lodging an appeal that court. At the de novo trial, all issues of the law and fact must be determined anew and are not affected by the initial disposition. In effect, the taking of the appeal vacates the district or municipal court judgement, leaving the defendant in the position of defendants in other States which require the prosecution to present its proof before a jury

04-28-1975 Per Curiam

Under Massachusetts procedure, a two-tier system is utilized for trial of a variety of criminal charges. The initial trial under this system is in a county district court or the Municipal Court of the City of Boston. No jury is available in these courts, but persons who are convicted in them may obtain a de novo trial, with a jury, in the appropriate superior court by lodging an appeal with that court. At the de novo trial, all issues of law and fact must be determined anew and are not affected by the initial disposition. In effect, the taking of the appeal vacates the district or municipal court judgement, leaving the defendant in the position of the defendants in other States which require the prosecution to present its proof before a jury

From Webster to Word-Processing: The Ascendance of the Appellate Brief

Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs

11-19-1974 Justice Rehnquist, Per Curiam

Petitioner was convicted in a Virginia state of court of possession of heroin with intent to distribute, and was sentenced to eight years in prison. The Supreme Court of Virgina denied review and affirmed the conviction by order, and petitioner then sought federal habeas in the United States District Court for the Eastern District of Virginia

03-20-1973 Per Curiam

In this case we are confronted with an issue similar to the one determined today in Salyer Land Company v. Tulare Lake Basin Water Storage District.- U. S. -, Appellee ToltecWatershed Improvement District was established after referendum held pursuant to Wyoming\u27s Watershed Improvement District Act. Wyo. Stat. Ann. §§ 41-354.1 to 41-354.26. After formation, appellee sought a right of entry onto lands owned by appellant Associated Enterprises. Inc., and leased by Johnston Fuel Liners for the purpose of carrying out studies to determine the feasibility of constructing a dam and reservoir. When Associated resisted, the district sought to enforce its right in state court

05-31-1983 Correspondence from Rehnquist to Blackmun

Correspondence from Rehnquist to Blackmun accepting changes

01-18-1977 Correspondence from Rehnquist to Marshall

The problem which you raise with respect to the subject of the draft opinion in this case is a real one, but I am unsure of whether we should deal with it here. As you point out, respondent here sought only damages and reinstatement, and therefore we are not directly presented with the question which would be raised if he had in addition sought a delayed Roth hearing by the employer. The precise disposition of his case, had he sought only that sort of a hearing and neither damages nor reinstatement, is to my mind a cloudy and difficult question; it may be the disposition you propose is right, but while I would be happy to reserve the question I would rather not decide it now