Court : US Supreme Court
Decided on : Jun-22-1989
..... states that: "all right, title, and interest in property described in [ 853] vests in the united states upon the commission of the act giving rise to forfeiture under this section. any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and ..... in the same house report quoted above, which discussed the newly proposed provision for pretrial restraint on forfeitable assets. the footnote stated that: "nothing in this section is intended to interfere with a person's sixth amendment right to counsel. the committee, therefore, does not resolve the conflict in district court opinions on the ..... harsh, but we have little doubt that it is the one that the statute mandates. section 853(c) states that "[a]ll right, title, and interest in [forfeitable] property . . . vests in the united states upon the commission of the act giving rise to forfeiture." permitting a defendant to use assets for his private purposes that, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1989
..... . 491 u. s. 770 . stevens, j., took no part in the consideration or decision of the case. justice scalia delivered the opinion of the court. section 706(k) of the civil rights act of 1964, 42 u.s.c. 2000e-5(k), provides in relevant part that a "court, in its discretion, may allow the prevailing party, other than ..... from iffa. because this result ignores both the language of 706(k) and the objectives of title vii of the act, i dissent. the majority begins its opinion by quoting 706(k), but then proceeds to ignore its express language. section 706(k) states that a "court, in its discretion, may allow the prevailing party, other than the commission ..... courts, and instead establishes an absolute rule that, in all circumstances, a court must treat an intervenor like a plaintiff for fee liability purposes. [ footnote 2/1 ] section 706(k), of course, does not invest district courts with unfettered discretion to award attorney's fees to prevailing parties. but this does not mean that this court has a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1989
..... united states upon the commission of the act giving rise to forfeiture under this section. any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and ..... to exercise their constitutional rights. see baird, supra, at 405 u. s. 445 . petitioner therefore satisfies our requirements for jus tertii standing. [ footnote 4 ] that section of the statute, which includes the so-called "relation back" provision, states: "all right, title, and interest in property described in [ 853] vests in the ..... a restraining order or injunction . . . or take any other action to preserve the availability of property described in subsection (a) of [ 853] for forfeiture under this section -- " "(a) upon the filing of an indictment or information charging a violation . . . for which criminal forfeiture may be ordered under [ 853] and alleging that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-1989
..... a subterfuge to evade the adea's purpose of banning arbitrary age discrimination unless it discriminates in a manner forbidden by the substantive provisions of the act. section 4(a), the adea's primary enforcement mechanism against age discrimination by employers, forbids employers "(1) to fail or refuse to hire or to ..... retirement of any individual . . . because of the age of such individual." [ footnote 4 ] as originally promulgated in january 1969, the regulation provided: "section 4(f)(2) of the act provides that it is not unlawful for an employer, employment agency, or labor organization" "to observe the terms of . . . any bona fide employee benefit plan ..... as a major concern the benefit program costs associated with older workers. see, e.g., report of the secretary of labor to the congress under section 715 of the civil rights act of 1964, the older american worker: age discrimination in employment 16 (1965) ("relatively few employers . . . cited the costs of providing pension .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-1989
..... -- 28 u.s.c. 1411 (1982 ed., supp. v), enacted as part of the bankruptcy amendments and federal judgeship act of 1984 (1984 amendments), pub. l. 98-353, 98 stat. 333 -- is notoriously ambiguous. section 1411(a) provides: "[t]his chapter and title 11 do not affect any right to trial by jury that an individual ..... refusing to analyze earlier english cases. see o. bump, conveyances made by debtors to defraud creditors 532 (4th ed. 1896); f. wait, fraudulent conveyances and creditors' bills 56-60 (1884). to be sure, in drake v. rice, 130 mass., at 412, justice gray says that, "[b]y the law of england before the american revolution, . . . fraudulent ..... the equity docket. see generally o. bump, conveyances made by debtors to defraud creditors 532 (4th ed. 1896); f. wait, fraudulent conveyances and creditors' bills 59-60 (1884); w. roberts, voluntary and fraudulent page 492 u. s. 92 conveyances 525-526 (3d am. ed. 1845). this procedural dimension of the choice between law and equity lends .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-1989
..... of tax decisions received from the claims court and the courts of appeals. decisions from these courts are not at issue in this case. [ footnote 2 ] section 552(a)(4)(b) provides: "on complaint, the district court of the united states in the district in which the complainant resides, or has his principal place ..... 492 u. s. 156 . page 492 u. s. 138 justice marshall delivered the opinion of the court. the question presented is whether the freedom of information act (foia or act), 5 u.s.c. 552 (1982 ed. and supp. v), requires the united states department of justice (department) to make available copies of district court decisions ..... publishes a daily electronic database that includes summaries and full texts of recent federal court tax decisions. after the department denied its request under the freedom of information act (foia) to make available all district court tax opinions and final orders received by the tax division in a certain period, respondent appealed administratively. while the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-1989
..... 4393-4394, to be codified at 21 u.s.c. 848(q)(4)(b), (q)(8), provides in pertinent part: "(b) in any post-conviction proceeding under section 2254 or 2255 of title 28, united states code, seeking to vacate or set aside a death sentence, any defendant who is or becomes financially unable to obtain adequate ..... /6 ] nearly a century passed before congress provided for appointment of counsel in other contexts. see mallard v. united states district court, 490 u. s. 296 (1989) (interpreting act of july 20, 1892, ch. 209, 1, 27 stat. 252, now codified at 28 u.s.c. 1915(d)). similarly, congress at first limited the federal right of ..... at 514. further, it found that, "[e]ven if virginia appointed additional institutional attorneys to service death row inmates, its duty under bounds would not be fulfilled" because, acting "only as legal advisors," "[t]he scope of assistance these attorneys provide is simply too limited." ibid. along the same lines, the district court concluded that virginia's .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1989
..... ," which "adopted verbatim the language of the english bill of rights." solem v. helm, 463 u. s. 277 , 463 u. s. 285 , n. 10 (1983). section 10 of the english bill of rights of 1689, like our eighth amendment, states that "excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual ..... 464-467. [ footnote 12 ] see 62 selden society, at 467; pleas of the crown for the county of gloucester: a. d. 1221, p. xxxiii (f. maitland ed. 1884) (pleas for gloucester); see generally 1 selden society. [ footnote 13 ] without discussing the complex origins of civil damages in detail, see 2 pollock & maitland 522-525; 62 selden society ..... instruction: "in determining the amount of punitive damages, . . . you may take into account the character of the defendants, their financial standing, and the nature of their acts." app. 81. guidance like this is scarcely better than no guidance at all. i do not suggest that the instruction itself was in error; indeed, it appears to have .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1989
..... out by fainting or chest squeezing. . . . on one occasion in september of 1981, he put gasoline into a toilet and set fire to it, causing an explosion. mr. wilkins' brother was diagnosed to be suffering from schizophrenia when he was admitted along with mr. wilkins in 1982 at crittenton center. mr. wilkins was often ..... the minimum age for its death penalty. [ footnote 2/3 ] capital sentences for juveniles would presumably be more unusual still were capital juries drawn from a cross-section of our society, rather than excluding many who oppose capital punishment, see lockhart v. mccree, 476 u. s. 162 (1986) -- a fact that renders capital ..... the "viciousness, force and violence" of the alleged crime, petitioner's maturity, and the failure of the juvenile justice system to rehabilitate him after previous delinquent acts, the juvenile court made the necessary certification. wilkins was charged with first-degree murder, armed criminal action, and carrying a concealed weapon. after the court found .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1989
..... because of their status or offense," ante at 492 u. s. 330 , and that this claim lies within that exception. * the remaining sections of part iv adequately and fairly state the competing arguments respecting capital punishment of mentally retarded persons. in my judgment, however, that explication -- ..... their mental retardation alone, and apart from any individualized consideration of their personal responsibility -- inevitably lack the cognitive, volitional, and moral capacity to act with the degree of culpability associated with the death penalty. mentally retarded persons are individuals whose abilities and experiences can vary greatly. as the ..... their mental retardation alone, and apart from any individualized consideration of their personal responsibility -- inevitably lack the cognitive, volitional, and moral capacity to act with the degree of culpability associated with the death penalty. moreover, the concept of "mental age" is an insufficient basis for a categorical eighth .....
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