Us Supreme Court Court March 2003 Judgments
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inyo County Vs. Paiute-shoshone Indians of Bishop Community of Bishop ...
Court: US Supreme Court
Decided on: Mar-31-2003
Inyo County v. Paiute-Shoshone Indians of Bishop Community of Bishop Colony - 538 U.S. 701 (2003) OCTOBER TERM, 2002 Syllabus INYO COUNTY, CALIFORNIA, ET AL. v. PAIUTESHOSHONE INDIANS OF THE BISHOP COMMUNITY OF THE BISHOP COLONY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.02-281. Argued March 31, 2003-Decided May 19,2003 The Bishop Paiute Tribe in California chartered and wholly owns the Bishop Paiute Gaming Corporation, which operates and manages the Paiute Palace Casino (Casino), a tribal gaming operation. When the Inyo County District Attorney asked the Casino for the employment records of three Casino employees under investigation for welfare fraud, the Tribe responded that its privacy policy precluded release of the records without the employees' consent. The District Attorney, on showing probable cause, then obtained and executed a search warrant authorizing a search of the Casino for payroll records of the three employees. The Distri...
Branch Vs. Smith
Court: US Supreme Court
Decided on: Mar-31-2003
Branch v. Smith - 538 U.S. 254 (2003) OCTOBER TERM, 2002 Syllabus BRANCH ET AL. v. SMITH ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI No. 01-1437. Argued December 10, 2002-Decided March 31, 2003* Mter the 2000 census caused Mississippi to lose one congressional seat, the state legislature failed to pass a new redistricting plan. Anticipating a state-law deadline for qualifying candidates, appellants and crossappellees (state plaintiffs) filed suit in October 2001, asking the State Chancery Court to issue a redistricting plan for the 2002 elections. In a similar action, appellees and cross-appellants (federal plaintiffs) asked the Federal District Court to enjoin the current plan and any statecourt plan, and to order at-large elections pursuant to Miss. Code Ann. 23-15-1039 and 2 U. S. C. 2a(c)(5) or, alternatively, to devise its own redistricting plan. The three-judge District Court permitted the state plaintiffs to intervene a...
Archer Vs. Warner
Court: US Supreme Court
Decided on: Mar-31-2003
Archer v. Warner - 538 U.S. 314 (2003) OCTOBER TERM, 2002 Syllabus ARCHER ET ux. v. WARNER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1418. Argued January 13, 2003-Decided March 31, 2003 A debt is not dischargeable in bankruptcy "to the extent" it is "for money ... obtained by ... fraud." 11 U. S. C. 523(a)(2)(A). Petitioners, the Archers, sued respondent Warner and her former husband in state court for (among other things) fraud connected with the sale of the Warners' company to the Archers. In settling the lawsuit, the Archers executed releases discharging the Warners from all present and future claims, except for obligations under a $100,000 promissory note and related instruments. The Archers then voluntarily dismissed the lawsuit with prejudice. Mter the Warners failed to make the first payment on the promissory note, the Archers sued in state court. The Warners filed for bankruptcy, and the Bankruptcy Court ordered liquidation under C...
Brown Vs. Legal Foundation of Wash.
Court: US Supreme Court
Decided on: Mar-26-2003
Brown v. Legal Foundation of Wash. - 538 U.S. 216 (2003) OCTOBER TERM, 2002 Syllabus BROWN ET AL. v. LEGAL FOUNDATION OF WASHINGTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1325. Argued December 9, 2002-Decided March 26, 2003 Every State uses interest on lawyers' trust accounts (IOLTA) to pay for legal services for the needy. In promulgating Rules establishing Washington's program, the State Supreme Court required that: (a) all client funds be deposited in interest-bearing trust accounts, (b) funds that cannot earn net interest for the client be deposited in an IOLTA account, (c) lawyers direct banks to pay the net interest on the IOLTA accounts to the Legal Foundation of Washington (Foundation), and (d) the Foundation use all such funds for tax-exempt law-related charitable and educational purposes. It seems apparent from the court's explanation of its IOLTA Rules that a lawyer who mistakenly uses an IOLTA account for money that c...
Overton Vs. Bazzetta
Court: US Supreme Court
Decided on: Mar-26-2003
Overton v. Bazzetta - 539 U.S. 126 (2003) OCTOBER TERM, 2002 Syllabus OVERTON, DIRECTOR, MICHIGAN DEPARTMENT OF CORRECTIONS, ET AL. v. BAZZETTA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 02-94. Argued March 26, 2003-Decided June 16,2003 Responding to concerns about prison security problems caused by the increasing number of visitors to Michigan's prisons and about substance abuse among inmates, the Michigan Department of Corrections (MDOC) promulgated new regulations limiting prison visitation. An inmate may be visited by qualified clergy and attorneys on business and by persons placed on an approved list, which may include an unlimited number of immediate family members and 10 others; minor children are not permitted to visit unless they are the children, stepchildren, grandchildren, or siblings of the inmate; if the inmate's parental rights are terminated, the child may not visit; a child visitor must be accompanied by a family member o...
Woodford Vs. Garceau
Court: US Supreme Court
Decided on: Mar-25-2003
Woodford v. Garceau - 538 U.S. 202 (2003) OCTOBER TERM, 2002 Syllabus WOODFORD, WARDEN v. GARCEAU CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1862. Argued January 21, 2003-Decided March 25, 2003 Amendments made to 28 U. S. C., ch. 153, by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) do not apply to cases pending in federal court on April 24, 1996-AEDPA's effective date. Lindh v. Murphy, 521 U. S. 320 . Respondent was convicted of first-degree murder and sentenced to death in California state court. Mter his petition for state postconviction relief was denied, he moved for the appointment of federal habeas counsel and a stay of execution in Federal District Court on May 12, 1995, and later filed a federal habeas application on July 2, 1996. Although he filed the habeas application after AEDPA's effective date, the District Court concluded, inter alia, that it was not subject to AEDPA because his motions for couns...
Cuyahoga Falls Vs. Buckeye Community Hope Foundation
Court: US Supreme Court
Decided on: Mar-25-2003
Cuyahoga Falls v. Buckeye Community Hope Foundation - 538 U.S. 188 (2003) OCTOBER TERM, 2002 Syllabus CITY OF CUYAHOGA FALLS, OHIO, ET AL. v. BUCKEYE COMMUNITY HOPE FOUNDATION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 01-1269. Argued January 21, 2003-Decided March 25, 2003 Mter the City Council of Cuyahoga Falls, Ohio (hereinafter City), passed a site-plan ordinance authorizing construction of a low-income housing complex by respondents-a nonprofit corporation dedicated to developing affordable housing and related parties-a group of citizens filed a formal petition requesting that the ordinance be repealed or submitted to a popular vote. Pursuant to the City's charter, the referendum petition stayed the site plan's implementation until its approval by the voters. An Ohio court denied respondents an injunction against the petition, and the city engineer, on advice from the city law director, denied their request for building permits. The ...
Federal Election Comm'n Vs. Beaumont
Court: US Supreme Court
Decided on: Mar-25-2003
Federal Election Comm'n v. Beaumont - 539 U.S. 146 (2003) OCTOBER TERM, 2002 Syllabus FEDERAL ELECTION COMMISSION v. BEAUMONT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-403. Argued March 25, 2003-Decided June 16,2003 A corporation is prohibited from making "a contribution or expenditure in connection with" certain federal elections, 2 U. S. C. 441b(a), but not from establishing, administering, and soliciting contributions to a separate fund to be used for political purposes, 441b(b)(2)(C). Such a PAC (so called after the political action committee that runs it) is free to make contributions and other expenditures in connection with federal elections. Respondents, a nonprofit advocacy corporation known as North Carolina Right to Life, Inc., and others (collectively NCRL), sued petitioner Federal Election Commission (FE C), challenging the constitutionality of 441b and its implementing regulations as applied to NCRL. As relevant here,...
Smith Vs. Doe
Court: US Supreme Court
Decided on: Mar-05-2003
Smith v. Doe - 538 U.S. 84 (2003) OCTOBER TERM, 2002 Syllabus SMITH ET AL. v. DOE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-729. Argued November 13, 2002-Decided March 5, 2003 Under the Alaska Sex Offender Registration Act (Act), any sex offender or child kidnaper incarcerated in the State must register with the Department of Corrections within 30 days before his release, providing his name, address, and other specified information. If the individual is at liberty, he must register with local law enforcement authorities within a working day of his conviction or of entering the State. If he was convicted of a single, nonaggravated sex crime, the offender must provide annual verification of the submitted information for 15 years. If he was convicted of an aggravated sex offense or of two or more sex offenses, he must register for life and verify the information quarterly. The offender's information is forwarded to the Department of Publ...
Lockyer Vs. Andrade
Court: US Supreme Court
Decided on: Mar-05-2003
Lockyer v. Andrade - 538 U.S. 63 (2003) OCTOBER TERM, 2002 Syllabus LOCKYER, ATTORNEY GENERAL OF CALIFORNIA v. ANDRADE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1127. Argued November 5, 2002-Decided March 5, 2003 California charged respondent Andrade with two felony counts of petty theft with a prior conviction after he stole approximately $150 worth of videotapes from two different stores. Under California's three strikes law, any felony can constitute the third strike subjecting a defendant to a prison term of 25 years to life. The jury found Andrade guilty and then found that he had three prior convictions that qualified as serious or violent felonies under the three strikes regime. Because each of his petty theft convictions thus triggered a separate application of the three strikes law, the judge sentenced him to two consecutive terms of 25 years to life. In affirming, the California Court of Appeal rejected his claim that his sentence ...
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