Us Supreme Court Court April 1998 Judgments
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Calderon Vs. Thompson
Court: US Supreme Court
Decided on: Apr-29-1998
Calderon v. Thompson - 523 U.S. 538 (1998) OCTOBER TERM, 1997 Syllabus CALDERON v. THOMPSON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-215. Argued December 9, 1997-Decided April 29, 1998 In 1983, respondent Thompson was convicted of rape and murder and sentenced to death in a California state court. The special circumstance of murder during the commission of rape made him eligible for the death penalty. In ruling on his first federal habeas petition in 1995, the District Court, inter alia, granted relief on his rape conviction and the rape special circumstance, thus invalidating his death sentence. A Ninth Circuit panel reversed the grant in June 1996, and it denied Thompson's petition for rehearing and suggestion for hearing en banc in March 1997. In June, Thompson's certiorari petition was denied, and the Ninth Circuit issued a mandate denying all habeas relief. The State then set an August execution date, and the State Supreme Court deni...
United States Vs. Estate of Romani
Court: US Supreme Court
Decided on: Apr-29-1998
United States v. Estate of Romani - 523 U.S. 517 (1998) OCTOBER TERM, 1997 Syllabus UNITED STATES v. ESTATE OF ROMANI ET AL. CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA No. 96-1613. Argued January 12, 1998-Decided April 29, 1998 Mter a third party perfected a $400,000 judgment lien under Pennsylvania law on Francis Romani's Cambria County real property, the Internal Revenue Service filed notices of tax liens on the property, totaling some $490,000. When Mr. Romani died, his entire estate consisted of real estate worth only $53,001. Because the property was encumbered by both the judgment lien and the federal tax liens, the estate's administrator sought the county court's permission to transfer the property to the judgment creditor in lieu of execution. The court authorized the conveyance, overruling the Federal Government's objection that the transfer violated the federal priority statute, 31 U. S. C. 3713(a), which provides that a Government claim "shall be paid first" wh...
Monge Vs. California
Court: US Supreme Court
Decided on: Apr-28-1998
Monge v. California - 524 U.S. 721 (1998) OCTOBER TERM, 1997 Syllabus MONGE v. CALIFORNIA CERTIORARI TO THE SUPREME COURT OF CALIFORNIA No. 97-6146. Argued April 28, 1998-Decided June 26,1998 California's "three-strikes" law provides, among other things, that a convicted felon with one prior conviction for a serious felony-such as assault where the felon inflicted great bodily injury or personally used a dangerous or deadly weapon-will have his prison term doubled. Under California law, a number of procedural safeguards surround the assessment of prior conviction allegations: Defendants may invoke the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; the prosecution must prove the allegations beyond a reasonable doubt; and the rules of evidence apply. Mter petitioner was convicted on three counts of violating California drug laws, the State sought to have his sentence enhanced based on a previous assault conviction and the res...
Edwards Vs. United States
Court: US Supreme Court
Decided on: Apr-28-1998
Edwards v. United States - 523 U.S. 511 (1998) OCTOBER TERM, 1997 Syllabus EDWARDS ET AL. v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 96-8732. Argued February 23, 1998-Decided April 28, 1998 At petitioners' trial under 21 U. S. C. 841 and 846 for "conspir[ing]" to "possess with intent to ... distribute [mixtures containing two] controlled substance[s]," namely, cocaine and cocaine base (i. e., "crack"), the jury was instructed that the Government must prove that the conspiracy involved measurable amounts of "cocaine or cocaine base." (Emphasis added.) The jury returned a general verdict of guilty, and the District Judge imposed sentences based on his finding that each petitioner's illegal conduct involved both cocaine and crack. Petitioners argued (for the first time) in the Seventh Circuit that their sentences were unlawful insofar as they were based upon crack, because the word "or" in the jury instruction meant that ...
Clinton Vs. City of New York
Court: US Supreme Court
Decided on: Apr-27-1998
Clinton v. City of New York - 524 U.S. 417 (1998) OCTOBER TERM, 1997 Syllabus CLINTON, PRESIDENT OF THE UNITED STATES, ET AL. v. CITY OF NEW YORK ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 97-1374. Argued April 27, 1998-Decided June 25,1998 Last Term, this Court determined on expedited review that Members of Congress did not have standing to maintain a constitutional challenge to the Line Item Veto Act (Act), 2 U. S. C. 691 et seq., because they had not alleged a sufficiently concrete injury. Raines v. Byrd, 521 U. S. 811 . Within two months, the President exercised his authority under the Act by canceling 4722(c) of the Balanced Budget Act of 1997, which waived the Federal Government's statutory right to recoupment of as much as $2.6 billion in taxes that the State of New York had levied against Medicaid providers, and 968 of the Taxpayer Relief Act of 1997, which permitted the owners of certain food refiners and processors t...
Dooley Vs. Korean Air Lines Co.
Court: US Supreme Court
Decided on: Apr-27-1998
Dooley v. Korean Air Lines Co. - 524 U.S. 116 (1998) OCTOBER TERM, 1997 Syllabus DOOLEY, PERSONAL REPRESENTATIVE OF THE ESTATE OF CHUAPOCO, ET AL. v. KOREAN AIR LINES CO., LTD. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 97-704. Argued April 27, 1998-Decided June 8,1998 The Death on the Righ Seas Act (DORSA or Act) allows certain relatives of a decedent to sue for their own pecuniary losses, but does not authorize recovery for the decedent's pre-death pain and suffering. Petitioners, personal representatives of three passengers killed when Korean Air Lines Flight KE007 was shot down over the Sea of Japan, sued respondent airline (KAL) for, inter alia, damages for their decedents' pre-death pain and suffering. While their suit was pending, this Court decided in Zicherman v. Korean Air Lines Co., 516 U. S. 217 -which arose out of the same disaster-that the Warsaw Convention permits compensation only for legally cognizable harm...
Miller Vs. Albright
Court: US Supreme Court
Decided on: Apr-22-1998
Miller v. Albright - 523 U.S. 420 (1998) OCTOBER TERM, 1997 Syllabus MILLER v. ALBRIGHT, SECRETARY OF STATE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 96-1060. Argued November 4, 1997-Decided April 22, 1998 Petitioner was born out of wedlock in 1970 in the Philippines. Her mother is a Filipino national. Her father, Charlie Miller, is an American citizen residing in Texas who served in the United States military in the Philippines at the time of petitioner's conception. He never married petitioner's mother, and there is no evidence that he was in the Philippines at the time of her birth or that he ever returned there after completing his tour of duty. In 1992, the State Department denied petitioner's application for registration as a United States citizen. Mter a Texas court granted Mr. Miller's petition for a paternity decree finding him to be her father, petitioner reapplied for citizenship status, which was again denied on the g...
Burlington Industries, Inc. Vs. Ellerth
Court: US Supreme Court
Decided on: Apr-22-1998
Burlington Industries, Inc. v. Ellerth - 524 U.S. 742 (1998) OCTOBER TERM, 1997 Syllabus BURLINGTON INDUSTRIES, INC. v. ELLERTH CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 97-569. Argued April 22, 1998-Decided June 26,1998 Respondent Kimberly Ellerth quit her job after 15 months as a salesperson in one of petitioner Burlington Industries' many divisions, allegedly because she had been subjected to constant sexual harassment by one of her supervisors, Ted Slowik. Slowik was a midlevel manager who had authority to hire and promote employees, subject to higher approval, but was not considered a policymaker. Against a background of repeated boorish and offensive remarks and gestures allegedly made by Slowik, Ellerth places particular emphasis on three incidents where Slowik's comments could be construed as threats to deny her tangible job benefits. Ellerth refused all of Slowik's advances, yet suffered no tangible retaliation and was, in fact, prom...
California Vs. Deep Sea Research, Inc.
Court: US Supreme Court
Decided on: Apr-22-1998
California v. Deep Sea Research, Inc. - 523 U.S. 491 (1998) OCTOBER TERM, 1997 Syllabus CALIFORNIA ET AL. v. DEEP SEA RESEARCH, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-1400. Argued December 1, 1997-Decided April 22, 1998 The S. S. Brother Jonathan and its cargo sank off the coast of California in 1865. Shortly after the disaster, five insurance companies paid claims for the loss of certain cargo, but it is unclear whether the ship and the remaining cargo were insured. There is no evidence that either the State or the insurance companies have attempted to locate or recover the wreckage. In this action, respondent Deep Sea Research, Inc. (DSR), which has located the wreck, seeks rights to the vessel and cargo under the Federal District Court's in rem admiralty jurisdiction. California moved to dismiss, claiming that it possesses title to the wreck either under the Abandoned Shipwreck Act of 1987 (ASA)-which provides that the...
Atlantic Mut. Ins. Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Apr-21-1998
Atlantic Mut. Ins. Co. v. Commissioner - 523 U.S. 382 (1998) OCTOBER TERM, 1997 Syllabus ATLANTIC MUTUAL INSURANCE CO. v. COMMISSIONER OF INTERNAL REVENUE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 97-147. Argued March 2, 1998-Decided April 21, 1998 Before enactment of the Tax Reform Act of 1986, the Internal Revenue Code gave property and casualty (PC) insurers a full deduction for "loss reserves": estimated amounts of losses reported but not yet paid, losses incurred but not yet reported, and administrative costs of resolving claims. In each taxable year, not only losses paid, but the full amount of the loss reserves, reduced by the amount of the loss reserves claimed for the prior taxable year, were treated as a business expense. Section 1023 of the 1986 Act required PC insurers, beginning with the 1987 taxable year, to discount unpaid losses to present value when claiming them as a deduction. Requiring insurers to subtract undiscounted year-...
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