Court : UK Supreme Court
LORD DYSON Introduction These two cases raise a number of important issues in relation to the detention pending deportation of foreign national prisoners ("FNPs") following the completion of their sentences of imprisonment. Section 3(5)(a) of the Immigration Act 1971 ("the 1971 Act") provides that a person who is not a British citizen is liable to deportation from the United Kingdom if the Secretary of State "deems his deportation to be conducive to the public good". Schedule 3 to the 1971 Act provides in certain specified circumstances for the detention of such a person pending his deportation. Walumba Lumba is a citizen of the Democratic Republic of Congo ("DRC") who entered the UK on 10 April 1994. He was convicted of a number of offences culminating in an offence of wounding with intent for which he was sentenced to 4 years' imprisonment on 12 January 2004. On 3 April 2006, the Secretary of State informed Mr Lumba of his intention to deport him under section 3(5)(a) of the 1971 A...
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District of Columbia v. Heller - 07-290 (2008) SYLLABUS OCTOBER TERM, 2007 DISTRICT OF COLUMBIA V. HELLER SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA etal. v . HELLER certiorari to the united states court of appeals for the district of columbia circuit No. 07290.Argued March 18, 2008Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Respondent Heller, a D.C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requi...
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Dillon v. United States - 09-6338 (2010) SYLLABUS OCTOBER TERM, 2009 DILLON V. UNITED STATES SUPREME COURT OF THE UNITED STATES DILLON v . UNITED STATES certiorari to the united states court of appeals for the third circuit No. 096338.Argued March 30, 2010Decided June 17, 2010 In 1993, petitioner Dillon was convicted of, inter alia , crack and powder cocaine offenses, which produced a base offense level of 38 and a Guidelines range of 262-to-327 months imprisonment. The court sentenced him at the bottom of the range for those counts. After the Sentencing Commission amended the Guidelines to reduce the base offense level associated with each quantity of crack cocaine, USSG Supp. App. C, Amdt. 706, and made that amendment retroactive, USSG Supp. App. C, Amdt. 713, Dillon moved for a sentence reduction under 18 U. S.C. 3582(c)(2). That provision authorizes adistrict court to reduce an otherwise final sentence pursuant to a Guidelines amendment if a reduction is consistent wit...
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United States v. Alvarez NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. ALVAREZ certiorari to the united states court of appeals for the ninth circuit No. 11210.Argued February 22, 2012Decided June 28, 2012 The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U.S.C. 704 (b), (c). Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, ...
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Southern Union Co. v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus SOUTHERN UNION CO. v. UNITED STATES certiorari to the united states court of appeals for the first circuit No. 1194.Argued March 19, 2012Decided June 21, 2012 Petitioner Southern Union Company was convicted by a jury in federal court on one count of violating the Resource Conservation and Recovery Act of 1976 (RCRA) for having knowingly stored liquid mercury without a permit at a subsidiarys facility on or about September 19, 2002 to October 19, 2004. Violations of the RCRA are punishable by, inter alia, a fine of not more than $50,000 for ea...
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MAJORITY JUDGMENTS ON THE APPROPRIATE RELIEF LORD DYSON Biometric data such as DNA samples, DNA profiles and fingerprints is of enormous value in the detection of crime. It sometimes enables the police to solve crimes of considerable antiquity. There can be no doubt that a national database containing the data of the entire population would lead to the conviction of persons who would otherwise escape justice. But such a database would be controversial. It is not permitted by our law. Parliament has, however, allowed the taking and retention of data from certain persons. The questions raised by these appeals are whose data may be retained and for how long. Section 64 of the Police and Criminal Evidence Act 1984 ("PACE"), as originally enacted, provided: "(1) If - (a) fingerprints or samples are taken from a person in connection with the investigation of an offence; and (b) he is cleared of that offence, they must be destroyed as soon as is practicable after the conclusion of the pr...
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Steamship Company v. Joliffe - 69 U.S. 450 (1864) U.S. Supreme Court Steamship Company v. Joliffe, 69 U.S. 2 Wall. 450 450 (1864) Steamship Company v. Joliffe 69 U.S. (2 Wall.) 450 ERROR TO THE COUNTY COURT OF THE CITY AND COUNTY OF SAN FRANCISCO Syllabus 1. When a right has arisen upon a contract or a transaction in the nature of a contract authorized by statute and has been so far perfected that nothing remains to be done by the party asserting it, the repeal of the statute does not affect it or an action for its enforcement. It has become a vested right, which stands independent of the statute. Ex. gr., where a pilot, licensed under a statute, had tendered his services to pilot a vessel out of port and such services were refused, his claim to the half-pilotage fees, allowed by the statute in such cases, became perfect, and the subsequent repeal of the statute does not affect a judgment rendered in an action brought to recover the claim, or the jurisdiction of this Court t...
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FPC v. Hope Nat. Gas Co. - 320 U.S. 591 (1944) U.S. Supreme Court FPC v. Hope Nat. Gas Co., 320 U.S. 591 (1944) Federal Power Commission v. Hope Natural Gas Co. No. 34 Argued October 20, 21, 1943 Decided January 3, 1944 * 320 U.S. 591 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. The validity of an order of the Federal Power Commission fixing rates under the Natural Gas Act is to be determined on judicial review by whether the impact or total effect of the order is just and reasonable, rather than by the method of computing the rate base. P. 320 U. S. 602 . 2. One who seeks to have set aside an order of the Federal Power Commission fixing rates under the Natural Gas Act has the burden of showing convincingly that it is unjust and unreasonable in its consequences. P. 320 U. S. 602 . 3. An order of the Federal Power Commission reducing respondent's rates for sales of natural gas in interstate commerce held valid under the Natural Gas A...
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Albright v. Oliver - 510 U.S. 266 (1993) OCTOBER TERM, 1993 Syllabus ALBRIGHT v. OLIVER ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 92-833. Argued October 12, 1993-Decided January 24,1994 Upon learning that Illinois authorities had issued an arrest warrant charging him with the sale of a substance which looked like an illegal drug, petitioner Albright surrendered to respondent Oliver, a policeman, and was released after posting bond. At a preliminary hearing, Oliver testified that Albright sold the look-alike substance to a third party, and the court found probable cause to bind Albright over for trial. However, the court later dismissed the action on the ground that the charge did not state an offense under state law. Albright then filed this suit under 42 U. S. C. 1983, alleging that Oliver deprived him of substantive due process under the Fourteenth Amendment-his "liberty interest"to be free from criminal prosecution except upon prob...
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Jones v. United States - 526 U.S. 227 (1998) OCTOBER TERM, 1998 Syllabus JONES v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-6203. Argued October 5, 1998-Decided March 24,1999 Petitioner was charged with, inter alia, carjacking, in violation of 18 U. S. C. 2119, which at the time provided, as relevant here, that a person possessing a firearm who "takes a motor vehicle ... from the person or presence of another by force and violence or by intimidation ... shall-(l) be ... imprisoned not more than 15 years ... , (2) if serious bodily injury ... results, be ... imprisoned not more than 25 years ... , and (3) if death results, be ... imprisoned for any number of years up to life .... " The indictment made no reference to 2119's numbered subsections and charged none of the facts mentioned in the latter two. Petitioner was told at the arraignment that he faced a maximum 15-year sentence for carjacking, and the jury instructions at ...
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