Us Supreme Court Court March 2003 Judgments
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Connecticut Dept. of Public Safety Vs. Doe
Court: US Supreme Court
Decided on: Mar-05-2003
Connecticut Dept. of Public Safety v. Doe - 538 U.S. 1 (2003) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2002 Syllabus CONNECTICUT DEPARTMENT OF PUBLIC SAFETY ET AL. v. DOE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No.01-1231. Argued November 13, 2002-Decided March 5, 2003 Among other things, Connecticut's "Megan's Law" requires persons convicted of sexual offenses to register with the Department of Public Safety (DPS) upon their release into the community, and requires DPS to post a sex offender registry containing registrants' names, addresses, photographs, and descriptions on an Internet Website and to make the registry available to the public in certain state offices. Respondent Doe (hereinafter respondent), a convicted sex offender who is subject to the law, filed a 42 U. S. C. 1983 action on behalf of himself and similarly situated sex offenders,...
Ewing Vs. California
Court: US Supreme Court
Decided on: Mar-05-2003
Ewing v. California - 538 U.S. 11 (2003) OCTOBER TERM, 2002 Syllabus EWING v. CALIFORNIA CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT No. 01-6978. Argued November 5, 2002-Decided March 5, 2003 Under California's three strikes law, a defendant who is convicted of a felony and has previously been convicted of two or more serious or violent felonies must receive an indeterminate life imprisonment term. Such a defendant becomes eligible for parole on a date calculated by reference to a minimum term, which, in this case, is 25 years. While on parole, petitioner Ewing was convicted of felony grand theft for stealing three golf clubs, worth $399 apiece. As required by the three strikes law, the prosecutor formally alleged, and the trial court found, that Ewing had been convicted previously of four serious or violent felonies. In sentencing him to 25 years to life, the court refused to exercise its discretion to reduce the conviction to a misdemeanor-unde...
United States Vs. White MountaIn Apache Tribe
Court: US Supreme Court
Decided on: Mar-04-2003
United States v. White Mountain Apache Tribe - 537 U.S. 465 (2003) OCTOBER TERM, 2002 Syllabus UNITED STATES v. WHITE MOUNTAIN APACHE TRIBE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 01-1067. Argued December 2, 2002-Decided March 4, 2003 Under Pub. L. 86-392, 74 Stat. 8 (1960 Act), the "former Fort Apache Military Reservation" is "held by the United States in trust for the White Mountain Apache Tribe, subject to the right of the Secretary of the Interior to use any part of the land and improvements." The Secretary has exercised that right with respect to about 30 of the post's buildings and appurtenances. The Tribe sued the United States for the amount necessary to rehabilitate the property occupied by the Government in accordance with standards for historic preservation, alleging that the United States had breached a fiduciary duty to maintain, protect, repair, and preserve the trust property. In its motion to dismiss, the Government acknowle...
Boeing Co. Vs. United States
Court: US Supreme Court
Decided on: Mar-04-2003
Boeing Co. v. United States - 537 U.S. 437 (2003) OCTOBER TERM, 2002 Syllabus BOEING CO. ET AL. v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1209. Argued December 9, 2002-Decided March 4, 2003* Under a 1971 statute providing special tax treatment for export sales made by an American manufacturer through a subsidiary that qualified as a "domestic international sales corporation" (DISC), no tax is payable on the DISC's retained income until it is distributed. See 26 U. S. C. 991-997. The statute thus provides an incentive to maximize the DISC's share-and to minimize the parent's share-of the parties' aggregate income from export sales. The statute provides three alternative ways for a parent to divert a limited portion of its income to the DISC. See 994(a)(1)-(3). The alternative that The Boeing Company chose limited the DISC's taxable income to a little over half of the parties "combined taxable income" (CTI). In 1984, the "fo...
Moseley Vs. Vs. Secret Catalogue, Inc.
Court: US Supreme Court
Decided on: Mar-04-2003
Moseley v. V Secret Catalogue, Inc. - 537 U.S. 418 (2003) OCTOBER TERM, 2002 Syllabus MOSELEY ET AL., DBA VICTOR'S LITTLE SECRET v. V SECRET CATALOGUE, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 01-1015. Argued November 12, 2002-Decided March 4, 2003 An army colonel sent a copy of an advertisement for petitioners' retail store, "Victor's Secret," to respondents, affiliated corporations that own the VICTORIA'S SECRET trademarks, because he saw it as an attempt to use a reputable trademark to promote unwholesome, tawdry merchandise. Respondents asked petitioners to discontinue using the name, but petitioners responded by changing the store's name to "Victor's Little Secret." Respondents then filed suit, alleging, inter alia, "the dilution of famous marks" under the Federal Trademark Dilution Act (FTDA). This 1995 amendment to the Trademark Act of 1946 describes the factors that determine whether a mark is "distinctive and famous," 1...
Clay Vs. United States
Court: US Supreme Court
Decided on: Mar-04-2003
Clay v. United States - 537 U.S. 522 (2003) OCTOBER TERM, 2002 Syllabus CLAY v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 01-1500. Argued January 13, 2003-Decided March 4, 2003 Petitioner Clay was convicted of arson and a drug offense in Federal District Court. The Seventh Circuit affirmed his convictions on November 23, 1998, and that court's mandate issued on December 15, 1998. Clay did not file a petition for a writ of certiorari. The time in which he could have done so expired 90 days after entry of the Court of Appeals' judgment and 69 days after issuance of its mandate. One year and 69 days after the Court of Appeals issued its mandate, and exactly one year after the time for seeking certiorari expired, Clay filed a motion for postconviction relief under 28 U. S. C. 2255. Such motions are subject to a one-year time limitation that generally runs from "the date on which the judgment of conviction becomes final." 2255, ~ 6...
United States Vs. Navajo Nation
Court: US Supreme Court
Decided on: Mar-04-2003
United States v. Navajo Nation - 537 U.S. 488 (2003) OCTOBER TERM, 2002 Syllabus UNITED STATES v. NAVAJO NATION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 01-1375. Argued December 2, 2002-Decided March 4, 2003 The Indian Mineral Leasing Act of 1938 (IMLA) provides that "[u]nallotted lands within any Indian reservation," or otherwise under federal jurisdiction, "may, with the approval of the Secretary [of the Interior (Secretary)] ... , be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians." 25 U. S. C. 396a. The 1M LA aims to provide Indian tribes with a profitable source of revenue and to foster tribal self-determination by giving Indians a greater say in the use and disposition of the resources on their lands. In 1964, the Navajo Nation (Tribe) permitted the predecessor of Peabody Coal Company (Peabody) to mine coal on the Tribe's lands pursuant to Lease 8580 (Lease or Lease 8580)....
Sell Vs. United States
Court: US Supreme Court
Decided on: Mar-03-2003
Sell v. United States - 539 U.S. 166 (2003) OCTOBER TERM, 2002 Syllabus SELL v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 02-5664. Argued March 3, 2003-Decided June 16,2003 A Federal Magistrate Judge (Magistrate) initially found petitioner Sell, who has a long history of mental illness, competent to stand trial for fraud and released him on bail, but later revoked bail because Sell's condition had worsened. Sell subsequently asked the Magistrate to reconsider his competence to stand trial for fraud and attempted murder. The Magistrate had him examined at a United States Medical Center for Federal Prisoners (Medical Center), found him mentally incompetent to stand trial, and ordered his hospitalization to determine whether he would attain the capacity to allow his trial to proceed. While there, Sell refused the staff's recommendation to take antipsychotic medication. Medical Center authorities decided to allow involuntary medicati...
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