Us Supreme Court Court March 1997 Judgments
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United States Vs. Lanier
Court: US Supreme Court
Decided on: Mar-31-1997
United States v. Lanier - 520 U.S. 259 (1997) OCTOBER TERM, 1996 Syllabus UNITED STATES v. LANIER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 95-1717. Argued January 7, 1997-Decided March 31, 1997 Respondent Lanier was convicted under 18 U. S. C. 242 of criminally violating the constitutional rights of five women by assaulting them sexually while he served as a state judge. The jury had been instructed, inter alia, that the Government had to prove as an element of the offense that Lanier had deprived the victims of their Fourteenth Amendment due process right to liberty, which included the right to be free from sexually motivated physical assaults and coerced sexual battery. The en banc Sixth Circuit set aside the convictions for lack of any notice to the public that 242 covers simple or sexual assault crimes. Invoking general interpretive canons and Screws v. United States, 325 U. S. 91 (plurality opinion), the court held that 242 crim...
Turner Broadcasting System, Inc. Vs. Fcc
Court: US Supreme Court
Decided on: Mar-31-1997
Turner Broadcasting System, Inc. v. FCC - 520 U.S. 180 (1997) OCTOBER TERM, 1996 Syllabus TURNER BROADCASTING SYSTEM, INC., ET AL. v. FEDERAL COMMUNICATIONS COMMISSION ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 95-992. Argued October 7, 1996-Decided March 31, 1997 Sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992 (Cable Act) require cable television systems to dedicate some of their channels to local broadcast television stations. In Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622 (Turner), this Court held these so-called "must-carry" provisions to be subject to intermediate First Amendment scrutiny under United States v. O'Brien, 391 U. S. 367 , 377, whereby a content-neutral regulation will be sustained if it advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interes...
Lambert Vs. Wicklund
Court: US Supreme Court
Decided on: Mar-31-1997
Lambert v. Wicklund - 520 U.S. 292 (1997) OCTOBER TERM, 1996 Syllabus LAMBERT, GALLATIN COUNTY ATTORNEY v. WICKL UND ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-858. Decided March 31, 1997 Montana's Parental Notice of Abortion Act permits a court to waive the requirement that one parent be notified before a minor has an abortion if, inter alia, notification is not in the minor's best interests. The Federal District Court declared the Act unconstitutional because the judicial bypass mechanism does not authorize waiver of the notice requirement whenever the abortion itself is in the minor's best interest. The Ninth Circuit affirmed, basing its conclusion entirely on its earlier decision that Nevada's identical bypass requirement was inconsistent with Bellotti v. Baird, 443 U. S. 622 , and Ohio v. Akron Center for Reproductive Health, 497 U. S. 502 . Held: The Act's judicial bypass provision sufficient...
Bennett Vs. Spear
Court: US Supreme Court
Decided on: Mar-19-1997
Bennett v. Spear - 520 U.S. 154 (1997) OCTOBER TERM, 1996 Syllabus BENNETT ET AL. v. SPEAR ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-813. Argued November 13, 1996-Decided March 19, 1997 The Endangered Species Act of 1973 (ESA) requires the Secretary of the Interior to specify animal species that are "threatened" or "endangered" and designate their "critical habitat," 16 U. S. C. 1533, and requires federal agencies to ensure that any action they authorize, fund, or carry out is not likely to jeopardize a listed species or adversely modify its critical habitat, 1536(a)(2). If an agency determines that a proposed action may adversely affect such a species, it must formally consult with the Fish and Wildlife Service, which must provide it with a written statement (the Biological Opinion) explaining how the proposed action will affect the species or its habitat. 1536(b)(3)(A). If the Service concludes that such action will result in jeo...
Commissioner Vs. Estate of Hubert
Court: US Supreme Court
Decided on: Mar-18-1997
Commissioner v. Estate of Hubert - 520 U.S. 93 (1997) OCTOBER TERM, 1996 Syllabus COMMISSIONER OF INTERNAL REVENUE v. ESTATE OF HUBERT, DECEASED, C & S SOVRAN TRUST CO. (GEORGIA) N. A., CO-EXECUTOR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 95-1402. Argued November 12, 1996-Decided March 18, 1997 The executors of decedent Hubert's substantial estate filed a federal estate tax return about a year after his death. Subsequently, petitioner Commissioner of Internal Revenue issued a notice of deficiency, claiming underreporting of federal estate tax liability caused by the estate's asserted entitlement to marital and charitable deductions. While the estate's redetermination petition was pending in the Tax Court, interested parties settled much of the litigation surrounding the estate that had begun after Hubert's death. The agreement divided the estate's residue principal, assumed to be worth $26 million on the date of death, about equally between...
Mcmillian Vs. Monroe County
Court: US Supreme Court
Decided on: Mar-18-1997
McMillian v. Monroe County - 520 U.S. 781 (1997) OCTOBER TERM, 1996 Syllabus McMILLIAN v. MONROE COUNTY, ALABAMA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-542. Argued March 18, 1997-Decided June 2,1997 Mter spending six years on Alabama's death row, petitioner's capital murder conviction was reversed on the ground that the State had suppressed exculpatory evidence. He then sued respondent Monroe County and others under 42 U. S. C. 1983 for the allegedly unconstitutional actions of, inter alios, County Sheriff Tom Tate in suppressing the evidence. A county is liable under 1983 for those actions of its sheriff that constitute county "policy." Monell v. New York Gity Dept. of Social Servs., 436 U. S. 658 , 694. The District Court dismissed the claims, holding that Tate's unlawful acts did not represent Monroe County's policy, because an Alabama county has no authority to make law enforcement policy. The Court of Appeals affirmed, ag...
Young Vs. Harper
Court: US Supreme Court
Decided on: Mar-18-1997
Young v. Harper - 520 U.S. 143 (1997) OCTOBER TERM, 1996 Syllabus YOUNG ET AL. v. HARPER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 95-1598. Argued December 9, 1996-Decided March 18, 1997 Oklahoma's Preparole Conditional Supervision Program (preparole or Program) took effect whenever the state prisons became overcrowded and authorized the conditional release of prisoners before their sentences expired. The Pardon and Parole Board (Board) determined who could participate in it, and an inmate could be placed on preparole after serving 15% of his sentence. An inmate was eligible for parole only after one-third of his sentence had elapsed, and the Governor, based on the Board's recommendation, decided to grant parole. Program participants and parolees were released subject to similar constraints. Upon reviewing respondent's criminal record and prison conduct, the Board simultaneously recommended him for parole and released him under the Program. At ...
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