Us Supreme Court Court November 2004 Judgments
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Koons Buick Pontiac Gmc, Inc. Vs. Nigh
Court: US Supreme Court
Decided on: Nov-30-2004
Koons Buick Pontiac GMC, Inc. v. Nigh - 03-377 (2004) SYLLABUS OCTOBER TERM, 2004 KOONS BUICK PONTIAC GMC, INC. V. NIGH SUPREME COURT OF THE UNITED STATES KOONS BUICK PONTIAC GMC, INC. v. NIGH certiorari to the united states court of appeals for the fourth circuit No. 03377.Argued October 5, 2004Decided November 30, 2004 As enacted in 1968, the Truth in Lending Acts (TILA) civil-liability provision, 15 U. S. C. 1640, authorized statutory damages for violations of TILA prescriptions governing consumer loans as follows: (a) [A]ny creditor who fails in connection with any consumer credit transaction to disclose to any person any information required is liable to that person in an amount of (1) twice the amount of the finance charge in connection with the transaction, except that liability under this paragraph shall not be less than $100 nor greater than $1,000. In 1974, Congress added a new paragraph (1) to 1640(a) to allow for the recovery of actual damages and to provide s...
Smith Vs. Texas
Court: US Supreme Court
Decided on: Nov-15-2004
Smith v. Texas - 04-5323 (2004) Smith v. Texas - 04-5323 (2004) PER CURIAM SMITH V. TEXAS 543 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES LaROYCE LATHAIR SMITH v. TEXAS on petition for writ of certiorari to the court of criminal appeals of texas No. 045323.Decided November 15, 2004 Per Curiam. Petitioner LaRoyce Lathair Smith was convicted of capital murder and sentenced to death by a jury in Dallas County, Texas. Before the jury reached its sentence, the trial judge issued a supplemental nullification instruction. Ex parte Smith, 132 S. W. 3d 407, 409 (Tex. Crim. App. 2004). That instruction directed the jury to give effect to mitigation evidence, but allowed the jury to do so only by negating what would otherwise be affirmative responses to two special issues relating to deliberateness and future dangerousness. In Penry v. Johnson , 532 U. S. 782 (2001) (Penry II) , we held a similar nullification instruction constitutionally inadequate because i...
Norfolk Southern R. Co. Vs. James N. Kirby, Pty Ltd.
Court: US Supreme Court
Decided on: Nov-09-2004
Norfolk Southern R. Co. v. James N. Kirby, Pty Ltd. - 02-1028 (2004) SYLLABUS OCTOBER TERM, 2004 NORFOLK SOUTHERN R. CO. V. JAMES N. KIRBY,PTY LTD. SUPREME COURT OF THE UNITED STATES NORFOLK SOUTHERN RAILWAY CO. v. JAMES N. KIRBY, PTY LTD., dba KIRBY ENGINEERING, et al. certiorari to the united states court of appeals for the eleventh circuit No. 021028.Argued October 6, 2004Decided November 9, 2004 Respondent James N. Kirby, Pty Ltd., an Australian manufacturer, hired International Cargo Control (ICC) to arrange for delivery of machinery from Australia to Huntsville, Ala., by through ( i.e., end-to-end) transportation. The bill of lading (essentially, contract) that ICC issued to Kirby (ICC bill) designated Savannah, Ga., as the discharge port and Huntsville as the ultimate destination, and set ICCs liability limitation lower than the cargos true value, using the default liability rule in the Carriage of Goods by Sea Act (COGSA) ($500 per package) for the sea leg and...
Leocal Vs. Ashcroft
Court: US Supreme Court
Decided on: Nov-09-2004
Leocal v. Ashcroft - 03-583 (2004) SYLLABUS OCTOBER TERM, 2004 LEOCAL V. ASHCROFT SUPREME COURT OF THE UNITED STATES LEOCAL v. ASHCROFT, ATTORNEY GENERAL, et al. certiorari to the united states court of appeals for the eleventh circuit No. 03583.Argued October 12, 2004Decided November 9, 2004 Petitioner, a lawful permanent resident of the United States, pleaded guilty to two counts of driving under the influence of alcohol (DUI) and causing serious bodily injury in an accident, in violation of Florida law. While he was serving his prison sentence, the Immigration and Naturalization Service (INS) initiated removal proceedings pursuant to 237(a) of the Immigration and Nationality Act (INA), which permits deportation of an alien convicted of an aggravated felony. INA 101(a)(43)(F) defines aggravated felony to include, inter alia, a crime of violence [as defined in 18 U. S. C. 16] for which the term of imprisonment [is] at least one year. Title 18 U. S. C. 16(a), in turn, defi...
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