Us Supreme Court Court November 1997 Judgments
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Spencer Vs. Kemna
Court: US Supreme Court
Decided on: Nov-12-1997
Spencer v. Kemna - 523 U.S. 1 (1997) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1997 Syllabus SPENCER v. KEMNA, SUPERINTENDENT, WESTERN MISSOURI CORRECTIONAL CENTER, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No.96-7171. Argued November 12, 1997-Decided March 3,1998 On October 17,1990, petitioner began serving concurrent 3-year sentences for convictions of felony stealing and burglary, due to expire on October 16, 1993. On April 16, 1992, he was released on parole, but on September 24, 1992, that parole was revoked and he was returned to prison. Thereafter, he sought to invalidate the parole revocation, first filing habeas petitions in state court, and then the present federal habeas petition. Before the District Court addressed the merits of the habeas petition, petitioner's sentence expired, and so the District Court dismissed the petition as moot. The Eighth Circuit affirmed. Held: The expiration of pe...
Bay Area Laundry and Dry Cleaning Pension Trust Fund Vs. Ferbar Corp. ...
Court: US Supreme Court
Decided on: Nov-10-1997
Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal. - 522 U.S. 192 (1997) OCTOBER TERM, 1997 Syllabus BAY AREA LAUNDRY AND DRY CLEANING PENSION TRUST FUND v. FERBAR CORPORATION OF CALIFORNIA, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-370. Argued November 10, 1997-Decided December 15,1997 Under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA or Act), employers who withdraw from underfunded multiemployer pension plans must ordinarily pay "withdrawal liability." 29 U. S. C. 1381(a). The MPPAA allows employers to discharge that obligation by making a series of periodic payments. 1399(c)(I)(C), (c)(3). The Act directs the plan's trustees to set an installment schedule and demand payment "[a]s soon as practicable" after the employer's withdrawal. 1399(b)(I). If the employer fails to pay according to the schedule, the plan may, at its option, invoke a statutory acceleration provision. 1399(c)(5...
Trest Vs. Cain
Court: US Supreme Court
Decided on: Nov-10-1997
Trest v. Cain - 522 U.S. 87 (1997) OCTOBER TERM, 1997 Syllabus TREST v. CAIN, WARDEN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No.96-7901. Argued November 10, 1997-Decided December 9,1997 In upholding the District Court's refusal to issue a writ of habeas corpus vacating petitioner Trest's Louisiana prison sentence, the Fifth Circuit stated its belief that a state court would refuse to consider Trest's federal claims as untimely, and that this "procedural default" was an adequate and independent state ground for denying him relief. In his petition for certiorari, Trest pointed out that the Fifth Circuit had raised and decided the "procedural default" question sua sponte, and that language in the court's opinion suggested that it had thought that, once it had noticed the possibility of a procedural default, it was required to raise the matter on its own. Held: A court of appeals is not "required" to raise the issue of procedural default sua spo...
United States Vs. Bajakajian
Court: US Supreme Court
Decided on: Nov-04-1997
United States v. Bajakajian - 524 U.S. 321 (1997) OCTOBER TERM, 1997 Syllabus UNITED STATES v. BAJAKAJIAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-1487. Argued November 4, 1997-Decided June 22,1998 Mter customs inspectors found respondent and his family preparing to board an international flight carrying $357,144, he was charged with, inter alia, attempting to leave the United States without reporting, as required by 31 U. S. C. 5316(a)(I)(A), that he was transporting more than $10,000 in currency. The Government also sought forfeiture of the $357,144 under 18 U. S. C. 982(a)(I), which provides that a person convicted of willfully violating 5316 shall forfeit "any property ... involved in such an offense." Respondent pleaded guilty to the failure to report and elected to have a bench trial on the forfeiture. The District Court found, among other things, that the entire $357,144 was subject to forfeiture because it was "involved in" the...
Jefferson Vs. City of Tarrant
Court: US Supreme Court
Decided on: Nov-04-1997
Jefferson v. City of Tarrant - 522 U.S. 75 (1997) OCTOBER TERM, 1997 Syllabus JEFFERSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JEFFERSON, DECEASED, ET AL. v. CITY OF TARRANT, ALABAMA CERTIORARI TO THE SUPREME COURT OF ALABAMA No. 96-957. Argued November 4, 1997-Decided December 9,1997 Petitioners commenced this action in Alabama state court to recover damages for the death of their decedent, Alberta Jefferson, an MricanAmerican woman who perished in a fire at her home in respondent city of Tarrant (City). They alleged that City firefighters failed to rescue Ms. Jefferson promptly after arriving on the scene and to revive her upon carrying her from her house. These omissions, they charged, resulted from the selective denial of fire protection to disfavored minorities and proximately caused Ms. Jefferson's death. The City maintains that the firefighters responded to the alarm call as quickly as possible and that Ms. Jefferson was already dead when they arrived. Peti...
Buchanan Vs. Angelone
Court: US Supreme Court
Decided on: Nov-03-1997
Buchanan v. Angelone - 522 U.S. 269 (1997) OCTOBER TERM, 1997 Syllabus BUCHANAN v. ANGELONE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-8400. Argued November 3, 1997-Decided January 21,1998 Following petitioner Buchanan's conviction of the capital murders of his father, stepmother, and two brothers, the prosecutor sought the death penalty based on Virginia's aggravating factor that the crime was vile. During the sentencing hearing, there were two days of testimony as to Buchanan's troubled family background and mental and emotional problems, and the prosecutor and defense counsel both made extensive arguments on the mitigating evidence and the effect it should be given in sentencing. The trial court instructed the jury, inter alia, that if it found beyond a reasonable doubt that Buchanan's conduct was vile,"then you may fix the punishment ... at death," but "if you believe from all the e...
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