Us Supreme Court Court April 2003 Judgments
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Virginia Vs. Hicks
Court: US Supreme Court
Decided on: Apr-30-2003
Virginia v. Hicks - 539 U.S. 113 (2003) OCTOBER TERM, 2002 Syllabus VIRGINIA v. HICKS CERTIORARI TO THE SUPREME COURT OF VIRGINIA No.02-371. Argued April 30, 2003-Decided June 16,2003 The Richmond Redevelopment and Housing Authority (RRHA), a political subdivision of Virginia, owns and operates Whitcomb Court, a lowincome housing development. In 1997, the Richmond City Council conveyed Whitcomb Court's streets to the RRHA in an effort to combat crime and drug dealing by nonresidents. In accordance with the terms of conveyance, the RRHA enacted a policy authorizing the Richmond police to serve notice on any person lacking "a legitimate business or social purpose" for being on the premises and to arrest for trespassing any person who remains or returns after having been so notified. The RRHA gave respondent Hicks, a nonresident, written notice barring him from Whitcomb Court. Subsequently, he trespassed there and was arrested and convicted. At trial, he claimed that RRHA's policy...
Fitzgerald Vs. Racing Assn. of Central Iowa
Court: US Supreme Court
Decided on: Apr-29-2003
Fitzgerald v. Racing Assn. of Central Iowa - 539 U.S. 103 (2003) OCTOBER TERM, 2002 Syllabus FITZGERALD, TREASURER OF IOWA v. RACING ASSOCIATION OF CENTRAL IOWA ET AL. CERTIORARI TO THE SUPREME COURT OF IOWA No. 02-695. Argued April 29, 2003-Decided June 9,2003 An Iowa law that, among other things, authorized racetracks to operate slot machines and imposed a graduated tax upon racetrack slot machine adjusted revenues, with a top rate that started at 20 percent and would automatically rise over time to 36 percent, left a 20 percent tax rate on riverboat slot machine adjusted revenues in place. Respondents, racetracks and a dog owners' association, filed a state-court suit challenging the law on the ground that the 20 percent/36 percent tax rate difference violated the Equal Protection Clause, U. S. Const., Arndt. 14, 1. The District Court upheld the statute, but the Iowa Supreme Court reversed. Held: 1. This Court has jurisdiction to review the state court's judgment, which d...
Roell Vs. Withrow
Court: US Supreme Court
Decided on: Apr-29-2003
Roell v. Withrow - 538 U.S. 580 (2003) OCTOBER TERM, 2002 Syllabus ROELL ET AL. v. WITHROW CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-69. Argued February 26, 2003-Decided April 29, 2003 The Federal Magistrate Act of 1979 (Act) empowers full-time magistrate judges to conduct "any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case," as long as they are "specially designated ... by the district court" and acting with "the consent of the parties." 28 U. S. C. 636(c)(1). Respondent Withrow, a state prisoner, brought an action under 42 U. S. C. 1983 against members of the prison's medical staff, petitioners Roell, Garibay, and Reagan, alleging that they had deliberately disregarded his medical needs in violation of the Eighth Amendment. During a preliminary hearing, the Magistrate Judge told Withrow that he could choose to have her rather than the District Judge preside over the entire case. Withrow a...
Demore Vs. Kim
Court: US Supreme Court
Decided on: Apr-29-2003
Demore v. Kim - 538 U.S. 510 (2003) OCTOBER TERM, 2002 Syllabus DEMORE, DISTRICT DIRECTOR, SAN FRANCISCO DISTRICT OF IMMIGRATION AND NATURALIZATION SERVICE, ET AL. v. KIM CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1491. Argued January 15, 2003-Decided April 29, 2003 Under the Immigration and Nationality Act, 8 U. S. C. 1226(c), "[t]he Attorney General shall take into custody any alien who" is removable from this country because he has been convicted of one of a specified set of crimes, including an "aggravated felony." Mter respondent, a lawful permanent resident alien, was convicted in state court of first-degree burglary and, later, of "petty theft with priors," the Immigration and Naturalization Service (INS) charged him with being deportable from the United States in light of these convictions, and detained him pending his removal hearing. Without disputing the validity of his convictions or the INS' conclusion that he is deportable and ...
Massaro Vs. United States
Court: US Supreme Court
Decided on: Apr-23-2003
Massaro v. United States - 538 U.S. 500 (2003) OCTOBER TERM, 2002 Syllabus MASSARO v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 01-1559. Argued February 25, 2003-Decided April 23, 2003 Petitioner Massaro was indicted on federal racketeering charges in connection with a murder. The day before his trial began, prosecutors learned of a bullet allegedly recovered from the car in which the victim's body was found, but did not inform defense counsel until the trial was underway. Defense counsel more than once declined the trial court's offer of a continuance so the bullet could be examined. Massaro was convicted and sentenced to life imprisonment. On direct appeal his new counsel argued that the District Court had erred in admitting the bullet in evidence, but did not raise an ineffective-assistance-of-trial-counsel claim. The Second Circuit affirmed. Massaro later moved to vacate his conviction under 28 U. S. C. 2255, claiming, as re...
Franchise Tax Bd. of Cal. Vs. Hyatt
Court: US Supreme Court
Decided on: Apr-23-2003
Franchise Tax Bd. of Cal. v. Hyatt - 538 U.S. 488 (2003) OCTOBER TERM, 2002 Syllabus FRANCHISE TAX BOARD OF CALIFORNIA v. HYATT ETAL. CERTIORARI TO THE SUPREME COURT OF NEVADA No. 02-42. Argued February 24, 2003-Decided April 23, 2003 Respondent Hyatt's (hereinafter respondent) "part-year" 1991 California income-tax return represented that he had ceased to be a California resident and had become a Nevada resident in October 1991, shortly before he received substantial licensing fees. Petitioner California Franchise Tax Board (CFTB) determined that he was a California resident until April 1992, and accordingly issued notices of proposed assessments for 1991 and 1992 and imposed substantial civil fraud penalties. Respondent filed suit against CFTB in a Nevada state court, alleging that CFTB had directed numerous contacts at Nevada and had committed negligence and intentional torts during the course of its audit of respondent. In its motion for summary judgment or dismissal, CFTB ...
Clackamas Gastroenterology Associates, P. C. Vs. Wells
Court: US Supreme Court
Decided on: Apr-22-2003
Clackamas Gastroenterology Associates, P. C. v. Wells - 538 U.S. 440 (2003) OCTOBER TERM, 2002 Syllabus CLACKAMAS GASTROENTEROLOGY ASSOCIATES, P. C. v. WELLS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1435. Argued February 25, 2003-Decided April 22, 2003 Respondent filed suit alleging that petitioner medical clinic violated the Americans with Disabilities Act of 1990 (ADA or Act) when it terminated her employment. Petitioner moved for summary judgment, asserting that it was not covered by the Act because it did not have 15 or more employees for the 20 weeks required by the ADA. That assertion's accuracy depends on whether the four physician-shareholders who own the professional corporation and constitute its board of directors are counted as employees. In granting the motion, the District Court concluded that the physicians were more analogous to partners in a partnership than to shareholders in a corporation and therefore were not employees ...
Dole Food Co. Vs. Patrickson
Court: US Supreme Court
Decided on: Apr-22-2003
Dole Food Co. v. Patrickson - 538 U.S. 468 (2003) OCTOBER TERM, 2002 Syllabus DOLE FOOD CO. ET AL. V. PATRICKSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-593. Argued January 22, 2003-Decided April 22, 2003* Plaintiffs filed a state-court action against Dole Food Company and others (Dole petitioners), alleging injury from chemical exposure. The Dole petitioners impleaded petitioners Dead Sea Bromine Co. and Bromine Compounds, Ltd. (collectively, the Dead Sea Companies). The Dole petitioners removed the action to federal court under 28 U. S. C. 1441(a), arguing that the federal common law of foreign relations provided federal-question jurisdiction under 1331. The District Court agreed it had jurisdiction, but dismissed the case on other grounds. As to the Dead Sea Companies, the court rejected their claim that they are instrumentalities of a foreign state (Israel) as defined by the Foreign Sovereign Immunities Act of 1976 (FSIA), a...
Jinks Vs. Richland County
Court: US Supreme Court
Decided on: Apr-22-2003
Jinks v. Richland County - 538 U.S. 456 (2003) OCTOBER TERM, 2002 Syllabus JINKS v. RICHLAND COUNTY, SOUTH CAROLINA, ET AL. CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA No. 02-258. Argued March 5, 2003-Decided April 22, 2003 Title 28 U. S. C. 1367 determines whether a federal district court with jurisdiction over a civil action may exercise supplemental jurisdiction over other claims forming part of the same Article III "case or controversy." If the court declines to exercise such jurisdiction, the claims will be dismissed and must be refiled in state court. To prevent the limitations period on those claims from expiring while they are pending in federal court, 1367(d) requires state courts to toll the period while a supplemental claim is pending in federal court and for 30 days after its dismissal unless state law provides for a longer tolling period. Petitioner filed a federal-court action claiming that Richland County (hereinafter respondent) and others violated 42 U....
Desert Palace, Inc. Vs. Costa
Court: US Supreme Court
Decided on: Apr-21-2003
Desert Palace, Inc. v. Costa - 539 U.S. 90 (2003) OCTOBER TERM, 2002 Syllabus DESERT PALACE, INC., DBA CAESARS PALACE HOTEL & CASINO v. COSTA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 02-679. Argued April 21, 2003-Decided June 9,2003 Title VII of the Civil Rights Act of 1964 makes it an "unlawful employment practice for an employer ... to discriminate against any individual ... , because of ... sex." 42 U. S. C. 2000e-2(a)(1). In Price Waterhouse v. Hopkins, 490 U. S. 228 , this Court considered whether an employment decision is made "because of" sex in a "mixed-motive" case, i. e., where both legitimate and illegitimate reasons motivated the decision. Although the Court concluded that an employer had an affirmative defense if it could prove that it would have made the same decision had gender not played a role, it was divided on the question of when the burden of proof shifts to an employer to prove the defense. JUSTICE O'CONNOR, concu...
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