Us Supreme Court Court November 2001 Judgments
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Mckune Vs. Lile
Court: US Supreme Court
Decided on: Nov-28-2001
McKune v. Lile - 536 U.S. 24 (2001) OCTOBER TERM, 2001 Syllabus McKUNE, WARDEN, ET AL. v. LILE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-1187. Argued November 28, 2001-Decided June 10,2002 Respondent was convicted of rape and related crimes. A few years before his scheduled release, Kansas prison officials ordered respondent to participate in a Sexual Abuse Treatment Program (SATP). As part of the program, participating inmates are required to complete and sign an "Admission of Responsibility" form, in which they accept responsibility for the crimes for which they have been sentenced, and complete a sexual history form detailing all prior sexual activities, regardless of whether the activities constitute uncharged criminal offenses. The information obtained from SATP participants is not privileged, and might be used against them in future criminal proceedings. There is no evidence, however, that incriminating information has ever been disclo...
Adarand Constructors, Inc. Vs. Mineta
Court: US Supreme Court
Decided on: Nov-27-2001
Adarand Constructors, Inc. v. Mineta - 534 U.S. 103 (2001) OCTOBER TERM, 2001 Syllabus ADARAND CONSTRUCTORS, INC. v. MINETA, SECRETARY OF TRANSPORTATION, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-730. Argued October 31, 200l-Decided November 27, 2001 In Adarand Constructors, Inc. v. Pena, 515 U. S. 200 (Adarand I), this Court held that strict scrutiny governs whether race-based classifications violate equal protection and remanded for a determination whether the race-based components of the Department of Transportation's (DOT's) Disadvantaged Business Enterprise (DBE) program could survive such review. The District Court then found that no such component could survive, but the Tenth Circuit vacated and this Court again reversed and remanded, Adarand Constructors, Inc. v. Slater, 528 U. S. 216 (per curiam). Subsequently, the Tenth Circuit held, inter alia, that new regulations issued under the Transportation Equity Act for the 21st Cen...
Chickasaw Nation Vs. United States
Court: US Supreme Court
Decided on: Nov-27-2001
Chickasaw Nation v. United States - 534 U.S. 84 (2001) OCTOBER TERM, 2001 Syllabus CHICKASAW NATION v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-507. Argued October 2, 200l-Decided November 27, 2001 * The Indian Gaming Regulatory Act (Gaming Act) provides, as relevant here, that Internal Revenue Code (Code) provisions "(including [ ]1441, 3402(q), 6041, and 60501, and chapter 35 ... ) concerning the reporting and withholding of taxes" with respect to gambling operations shall apply to Indian tribes in the same way as they apply to States. 25 U. S. C. 2719(d)(I). Chapter 35 imposes taxes from which it exempts certain state-controlled gambling activities, but says nothing about tax reporting or withholding. Petitioners, the Choctaw and Chickasaw Nations, claim that the Gaming Act subsection's explicit parenthetical reference exempts them from paying those chapter 35 taxes from which the States are exempt. Rejecting that claim, the...
Correctional Services Corp. Vs. Malesko
Court: US Supreme Court
Decided on: Nov-27-2001
Correctional Services Corp. v. Malesko - 534 U.S. 61 (2001) OCTOBER TERM, 2001 Syllabus CORRECTIONAL SERVICES CORP. v. MALESKO CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 00-860. Argued October 1, 200l-Decided November 27, 2001 Petitioner Correctional Services Corporation (CSC), under contract with the federal Bureau of Prisons (BOP), operates Le Marquis Community Correctional Center (Le Marquis), a facility that houses federal inmates. Mter respondent, a federal inmate afflicted with a heart condition limiting his ability to climb stairs, was assigned to a bedroom on Le Marquis' fifth floor, CSC instituted a policy requiring inmates residing below the sixth floor to use the stairs rather than the elevator. Respondent was exempted from this policy. But when a CSC employee forbade respondent to use the elevator to reach his bedroom, he climbed the stairs, suffered a heart attack, and fell. Subsequently, respondent filed this damages action against ...
Bagley Vs. Byrd
Court: US Supreme Court
Decided on: Nov-06-2001
Bagley v. Byrd - 534 U.S. 1301 (2001) OCTOBER TERM, 2001 Syllabus BAGLEY, WARDEN v. BYRD ON APPLICATION FOR STAY No.0IA375. Decided November 6, 2001 Applicant warden's request for a stay of District Court proceedings pending the disposition of her certiorari petition is denied. Mter that court and a Sixth Circuit panel denied respondent, an Ohio death-row inmate, relief on his second federal habeas petition, the en banc Sixth Circuit remanded the case for the District Court to develop a factual record sufficient to permit sua sponte consideration of a request for leave to file a second habeas petition supported by actual innocence allegations. Applicant argues that the Sixth Circuit's procedures are highly irregular, but she fails to demonstrate either that the District Court's hearing will cause irreparable harm to the State or that it will affect this Court's jurisdiction to act on her certiorari petition. JUSTICE STEVENS, Circuit Justice. Respondent, John W. Byrd, Jr., is a...
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