Us Supreme Court Court April 1997 Judgments
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Timmons Vs. TwIn Cities Area New Party
Court: US Supreme Court
Decided on: Apr-28-1997
Timmons v. Twin Cities Area New Party - 520 U.S. 351 (1997) OCTOBER TERM, 1996 Syllabus TIMMONS, ACTING DIRECTOR, RAMSEY COUNTY DEPARTMENT OF PROPERTY RECORDS AND REVENUE, ET AL. v. TWIN CITIES AREA NEW PARTY CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 95-1608. Argued December 4, 1996-Decided April 28, 1997 Most States ban multiple-party, or "fusion," candidacies for elected office. Minnesota's laws prohibit an individual from appearing on the ballot as the candidate of more than one party. When respondent, a chapter of the national New Party, chose as its candidate for state representative an individual who was already the candidate of another political party, local election officials refused to accept the New Party's nominating petition. The party filed suit against petitioners, Minnesota election officials, contending that the State's antifusion laws violated its associational rights under the First and Fourteenth Amendments. The District Co...
Board of Comm'rs of Bryan Cty. Vs. Brown
Court: US Supreme Court
Decided on: Apr-28-1997
Board of Comm'rs of Bryan Cty. v. Brown - 520 U.S. 397 (1997) OCTOBER TERM, 1996 Syllabus BOARD OF THE COUNTY COMMISSIONERS OF BRYAN COUNTY, OKLAHOMA v. BROWN ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-1100. Argued November 5, 1996-Decided April 28, 1997 Jill Brown (hereinafter respondent) brought this 42 U. S. C. 1983 damages action against petitioner county, alleging, among other things, that its Deputy Burns had arrested her with excessive force, and that it was liable for her injuries because its Sheriff Moore had hired Burns without adequately reviewing his background. Burns had pleaded guilty to various driving infractions and other misdemeanors, including assault and battery. Moore, whom the county stipulated was its Sheriff's Department policymaker, testified that he had obtained Burns' driving and criminal records, but had not closely reviewed either before hiring Burns. The District Court denied the county's motions for judg...
Richards Vs. Wisconsin
Court: US Supreme Court
Decided on: Apr-28-1997
Richards v. Wisconsin - 520 U.S. 385 (1997) OCTOBER TERM, 1996 Syllabus RICHARDS v. WISCONSIN CERTIORARI TO THE SUPREME COURT OF WISCONSIN No. 96-5955. Argued March 24, 1997-Decided April 28, 1997 In Wilson v. Arkansas, 514 U. S. 927 , this Court held that the Fourth Amendment incorporates the common-law requirement that police knock on a dwelling's door and announce their identity and purpose before attempting forcible entry, recognized that the flexible reasonableness requirement should not be read to mandate a rigid announcement rule that ignores countervailing law enforcement interests, id., at 934, and left it to the lower courts to determine the circumstances under which an unannounced entry is reasonable. Id., at 936. Officers in Madison, Wisconsin, obtained a warrant to search petitioner Richards' motel room for drugs and related paraphernalia, but the Magistrate refused to give advance authorization for a "no-knock" entry. The officer who knocked on Richards' ...
Strate Vs. A-1 Contractors
Court: US Supreme Court
Decided on: Apr-28-1997
Strate v. A-1 Contractors - 520 U.S. 438 (1997) OCTOBER TERM, 1996 Syllabus STRATE, ASSOCIATE TRIBAL JUDGE, TRIBAL COURT OF THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD INDIAN RESERVATION, ET AL. v. A-l CONTRACTORS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 95-1872. Argued January 7, 1997-Decided April 28, 1997 Vehicles driven by petitioner Fredericks and respondent Stockert collided on a portion of a North Dakota state highway that runs through the Fort Berthold Indian Reservation. The 6.59-mile stretch of highway within the reservation is open to the public, affords access to a federal water resource project, and is maintained by North Dakota under a federally granted right-of-way that lies on land held by the United States in trust for the Three Affiliated Tribes and their members. Neither driver is a member of the Tribes or an Indian, but Fredericks is the widow of a deceased tribal member and has five adult children who are also...
Arkansas Vs. Farm Credit Servs. of Central Ark.
Court: US Supreme Court
Decided on: Apr-21-1997
Arkansas v. Farm Credit Servs. of Central Ark. - 520 U.S. 821 (1997) OCTOBER TERM, 1996 Syllabus ARKANSAS v. FARM CREDIT SERVICES OF CENTRAL ARKANSAS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 95-1918. Argued April 21, 1997-Decided June 2,1997 The Tax Injunction Act (Act) restricts the federal district courts' power to prevent collection or enforcement of state taxes, but makes an exception to that jurisdictional bar where no plain, speedy, or efficient state-court remedy may be had. This Court has established another exception where the United States sues to protect itself or its instrumentalities from state taxation. Department of Employment v. United States, 385 U. S. 355 , 358. Production Credit Associations (PCA's) are federally chartered corporate financial institutions organized by farmers primarily to make loans to farmers. During the relevant time period, federal law has exempted PCA's from state taxes on their notes, deben...
Blessing Vs. Freestone
Court: US Supreme Court
Decided on: Apr-21-1997
Blessing v. Freestone - 520 U.S. 329 (1997) OCTOBER TERM, 1996 Syllabus BLESSING, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. FREESTONE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, 1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them; that these omissions were largely attributable to staff shortages and other structural defects in the State's program; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in sub...
United States Vs. O'Hagan
Court: US Supreme Court
Decided on: Apr-16-1997
United States v. O'Hagan - 521 U.S. 642 (1997) OCTOBER TERM, 1996 Syllabus UNITED STATES v. O'HAGAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 96-842. Argued April 16, 1997-Decided June 25,1997 Mter Grand Metropolitan PLC (Grand Met) retained the law firm of Dorsey & Whitney to represent it regarding a potential tender offer for the Pillsbury Company's common stock, respondent O'Hagan, a Dorsey & Whitney partner who did no work on the representation, began purchasing call options for Pillsbury stock, as well as shares of the stock. Following Dorsey & Whitney's withdrawal from the representation, Grand Met publicly announced its tender offer, the price of Pillsbury stock rose dramatically, and O'Hagan sold his call options and stock at a profit of more than $4.3 million. A Securities and Exchange Commission (SEC) investigation culminated in a 57-count indictment alleging, inter alia, that O'Hagan defrauded his law firm and its client, Grand Me...
United States Vs. Hyde
Court: US Supreme Court
Decided on: Apr-15-1997
United States v. Hyde - 520 U.S. 670 (1997) OCTOBER TERM, 1996 Syllabus UNITED STATES v. HYDE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-667. Argued April 15, 1997-Decided May 27,1997 Respondent pleaded guilty to several federal fraud counts, pursuant to a plea agreement in which the Government agreed to move for dismissal of other charges. The District Court accepted the plea but deferred decision on whether to accept the plea agreement, pending completion of the presentence report. Before sentencing and the court's decision on the plea agreement, respondent sought to withdraw his plea. Finding that he had not provided a "fair and just reason" for withdrawing the plea before sentencing, as required by Federal Rule of Criminal Procedure 32(e), the court denied respondent's request. The court then accepted the plea agreement, entered judgment, and sentenced respondent. The Court of Appeals reversed, holding that if a court defers acceptance of...
Chandler Vs. Miller
Court: US Supreme Court
Decided on: Apr-15-1997
Chandler v. Miller - 520 U.S. 305 (1997) OCTOBER TERM, 1996 Syllabus CHANDLER ET AL. v. MILLER, GOVERNOR OF GEORGIA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-126. Argued January 14, 1997-Decided April 15, 1997 A Georgia statute requires candidates for designated state offices to certify that they have taken a urinalysis drug test within 30 days prior to qualifying for nomination or election and that the test result was negative. Petitioners, Libertarian Party nominees for state offices subject to the statute's requirements, filed this action in the District Court about one month before the deadline for submission of the certificates. Naming as defendants the Governor and two officials involved in the statute's administration, petitioners asserted, inter alia, that the drug tests violated their rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution. The District Court denied petitioners' motio...
Agostini Vs. Felton
Court: US Supreme Court
Decided on: Apr-15-1997
Agostini v. Felton - 521 U.S. 203 (1997) OCTOBER TERM, 1996 Syllabus AGOSTINI ET AL. v. FELTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 96-552. Argued April 15, 1997-Decided June 23,1997* In Aguilar v. Felton, 473 U. S. 402 , 413, this Court held that New York City's program that sent public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to Title I of the Elementary and Secondary Education Act of 1965 necessitated an excessive entanglement of church and state and violated the First Amendment's Establishment Clause. On remand, the District Court entered a permanent injunction reflecting that ruling. Some 10 years later, petitioners-the parties bound by the injunction-filed motions in the same court seeking relief from the injunction's operation under Federal Rule of Civil Procedure 60(b)(5). They emphasized the significant costs of complying with Aguilar and the assertions ...
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