Elias v. Catena In re Case). United States ex rel. Angelo Bruno Annaloro v. Albert Elias, Superintendent, Yardville Youth Reception and Detention Center. ApplicationSupreme Court of the United States
Decision Date | 12 October 1971 |
Docket Number | No. A-342,No. A-285,No. 71-377,A-285,71-377,A-342 |
Citation | 404 U.S. 807,30 L.Ed.2d 40,92 S.Ct. 111,30 L.Ed.2d 47 |
Parties | Albert ELIAS, Superintendent, Yardville Youth Reception and Correction Center v. Gerardo CATENA. Application(In re Case). UNITED STATES ex rel. Angelo Bruno ANNALORO v. Albert ELIAS, Superintendent, Yardville Youth Reception and Detention Center. ApplicationSupreme Court of the United States |
Court | U.S. Supreme Court |
v.
Gerardo CATENA. Application No. A-285 (In re Case No. 71-377). UNITED STATES ex rel. Angelo Bruno ANNALORO v. Albert ELIAS, Superintendent, Yardville Youth Reception and Detention Center. Application No. A-342. Supreme Court of the United States October 12, 1971 The motion for a stay in Application No. A-285 is granted and the counter application for bail is denied. The application for bail in Application No. A-342 presented to Mr. Justice White, and by him referred to the Court, is denied. djQ Mr. Justice DOUGLAS, dissenting. These are applications for bail in cases from the Court of Appeals for the Third Circuit, in Catena pending certiorari to this Court and in Annaloro pending appeal to the Court of Appeals. Each applicant was convicted by a state court for refusing to testify before a grand jury. Each sought habeas corpus in the federal court; and in the Catena case, 449 F.2d 40, the Court of Appeals held that the applicant was unconstitutionally detained.
[808]
Supreme Court of the United States
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for a writ of certiorari is denied.
Mr. Justice DOUGLAS, dissenting.
Petitioner infringed respondent's copyright and a verdict was rendered against her. Petitioner argued that because the congressional power over copyrights and patents stemmed from the same constitutional provision, they both should be governed by the same standard. Thus, petitioner contended that the copyright was invalid because the book in question lacked 'novelty,' but the Court of Appeals rejected this argument saying that the appropriate standard for a copyright was 'originality' and that the respondent's book met this criteria.1 The standard of copyrightability presents an important question concerning the scope of Congress' enumerated powers. It has not heretofore been decided by this Court2 and, arguably, it was wrongly decided by the...
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