Us Supreme Court Court March 2004 Judgments
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Bedroc Limited, Llc Vs. United States
Court: US Supreme Court
Decided on: Mar-31-2004
BedRoc Limited, LLC v. United States - 02-1593 (2004) SYLLABUS OCTOBER TERM, 2003 BEDROC LIMITED, LLC V. UNITED STATES SUPREME COURT OF THE UNITED STATES BEDROC LIMITED, LLC, et al. v. UNITED STATES et al. certiorari to the united states court of appeals for the ninth circuit No. 021593. Argued January 20, 2004Decided March 31, 2004 The Pittman Underground Water Act of 1919 authorized the Secretary of the Interior to designate certain nonmineral Nevada lands on which settlers could obtain permits to drill for water. Under 8 of the Pittman Act, each land grant, or patent, reserved to the United States all coal and other valuable minerals in the lands, and the right to remove the same. When one of petitioners predecessors-in-interest began extracting sand and gravel from land patented under the Pittman Act, the Bureau of Land Management ruled that he had trespassed against the Governments reserved interest in the propertys valuable minerals, and the Interior Board of Land Appe...
National Archives and Records Administration Vs. Favish
Court: US Supreme Court
Decided on: Mar-30-2004
National Archives and Records Administration v. Favish - 02-954 (2004) SYLLABUS OCTOBER TERM, 2003 NATIONAL ARCHIVES AND RECORDS ADMIN. V. FAVISH SUPREME COURT OF THE UNITED STATES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION v. FAVISH et al. certiorari to the united states court of appeals for the ninth circuit No. 02954. Argued December 3, 2003Decided March 30, 2004 Skeptical about five Government investigations conclusions that Vincent Foster, Jr., deputy counsel to President Clinton, committed suicide, respondent Favish filed a Freedom of Information Act (FOIA) request for, among other things, 10 death-scene photographs of Fosters body. The Office of Independent Counsel (OIC) refused the request, invoking FOIA Exemption 7(C), which excuses from disclosure records or information compiled for law enforcement purposes if their production could reasonably be expected to constitute an unwarranted invasion of personal privacy, 5 U. S. C. 552(b)(7)(C). Favish sued to compel pro...
United States Vs. Flores-montano
Court: US Supreme Court
Decided on: Mar-30-2004
United States v. Flores-Montano - 02-1794 (2004) SYLLABUS OCTOBER TERM, 2003 UNITED STATES V. FLORES-MONTANO SUPREME COURT OF THE UNITED STATES UNITED STATES v. FLORES-MONTANO certiorari to the united states court of appeals for the ninth circuit No. 021794. Argued February 25, 2004Decided March 30, 2004 At the international border in southern California, customs officials seized 37 kilograms of marijuana from respondents gas tank by removing and disassembling the tank. After respondent was indicted on federal drug charges, he moved to suppress the drugs recovered from the gas tank, relying on a Ninth Circuit panel decision holding that a gas tanks removal requires reasonable suspicion under the Fourth Amendment. The District Court granted the motion, and the Ninth Circuit summarily affirmed. Held: The search did not require reasonable suspicion. In the decision relied on below , the Ninth Circuit panel seized on language from United States v. Montoya de Hernandez ,...
Nixon Vs. Missouri Municipal League
Court: US Supreme Court
Decided on: Mar-24-2004
Nixon v. Missouri Municipal League - 02-1238 (2004) SYLLABUS OCTOBER TERM, 2003 NIXON V. MISSOURI MUNICIPAL LEAGUE SUPREME COURT OF THE UNITED STATES NIXON, ATTORNEY GENERAL OF MISSOURI v. MISSOURI MUNICIPAL LEAGUE et al. certiorari to the united states court of appeals for the eighth circuit No. 021238. Argued January 12, 2004Decided March 24, 2004 After Missouri enacted a statute forbidding its political subdivision[s to] provide or offer for sale a telecommunications service or facility, the municipal respondents, including municipally owned utilities, petitioned the Federal Communications Commission (FCC) for an order declaring the statute unlawful under 47 U. S. C. 253, which authorizes preemption of state and local laws and regulations that prohibit or have the effect of prohibiting the ability of any entity to provide telecommunications services. Relying on its earlier order resolving a challenge to a comparable Texas law and the affirming opinion of the District of...
South FlA. Water Management Dist. Vs. Miccosukee Tribe
Court: US Supreme Court
Decided on: Mar-23-2004
South Fla. Water Management Dist. v. Miccosukee Tribe - 02-626 (2004) SYLLABUS OCTOBER TERM, 2003 SOUTH FLA. WATER MANAGEMENT DIST. V.MICCOSUKEE TRIBE SUPREME COURT OF THE UNITED STATES SOUTH FLORIDA WATER MANAGEMENT DISTRICT v. MICCOSUKEE TRIBE OF INDIANS et al. certiorari to the united states court of appeals for the eleventh circuit No. 02626. Argued January 14, 2004Decided March 23, 2004 Congress established the Central and South Florida Flood Control Project (Project) to address drainage and flood control problems in reclaimed portions of the Everglades. Five Project elements are at issue here. The first, the C11 canal, collects ground water and rainwater from an area that includes urban, agricultural, and residential development. The second Project element, pump station S9, moves water from the canal to the third element, an undeveloped wetland, WCA3, which is a remnant of the original South Florida Everglades. Petitioner, the Projects day-to-day operator (hereinafter ...
United States Vs. Galletti
Court: US Supreme Court
Decided on: Mar-23-2004
United States v. Galletti - 02-1389 (2004) SYLLABUS OCTOBER TERM, 2003 UNITED STATES V. GALLETTI SUPREME COURT OF THE UNITED STATES UNITED STATES v. GALLETTI et al. certiorari to the united states court of appeals for the ninth circuit No. 021389. Argued January 12, 2004Decided March 23, 2004 [T]he amount of any tax imposed [by the Internal Revenue Code] shall be assessed within three years after the return was filed. 26 U. S. C. 6501(a). If a tax is properly so assessed, the statute of limitations for collecting it is extended by 10 years from the assessment date. 6502(a). Respondents were general partners of a partnership (hereinafter Partnership) that failed to pay significant federal employment taxes from 1992 to 1995. The Internal Revenue Service (IRS) timely assessed the Partnership, but the taxes were never paid. Respondents later filed for Chapter 13 bankruptcy protection, and the IRS then filed proof of claims against them for the Partnerships unpaid employment taxe...
Frew Vs. Hawkins
Court: US Supreme Court
Decided on: Mar-23-2004
Frew v. Hawkins - 02-628 (2004) SYLLABUS OCTOBER TERM, 2003 FREW V. HAWKINS SUPREME COURT OF THE UNITED STATES FREW, on behalf of her daughter, FREW, et al. v. HAWKINS, COMMISSIONER, TEXAS HEALTH AND HUMAN SERVICES COMMISSION, et al. certiorari to the united states court of appeals for the fifth circuit No. 02628. Argued October 7, 2003Decided January 14, 2004 As a participant in the Medicaid program, Texas must meet certain federal requirements, including that it have an Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program for children. The petitioners, mothers of children eligible for EPSDT services in Texas, sought injunctive relief against state agencies and various state officials, claiming that the Texas program did not meet federal requirements. The claims against the state agencies were dismissed on Eleventh Amendment grounds, but the state officials remained in the suit and entered into a consent decree approved by the Federal District Court. In co...
Crawford Vs. Washington
Court: US Supreme Court
Decided on: Mar-08-2004
Crawford v. Washington - 02-9410 (2004) SYLLABUS OCTOBER TERM, 2003 CRAWFORD V. WASHINGTON SUPREME COURT OF THE UNITED STATES CRAWFORD v. WASHINGTON certiorari to the supreme court of washington No. 029410. Argued November 10, 2003Decided March 8, 2004 Petitioner was tried for assault and attempted murder. The State sought to introduce a recorded statement that petitioners wife Sylvia had made during police interrogation, as evidence that the stabbing was not in self-defense. Sylvia did not testify at trial because of Washingtons marital privilege. Petitioner argued that admitting the evidence would violate his Sixth Amendment right to be confronted with the witnesses against him. Under Ohio v. Roberts, 448 U. S. 56 , that right does not bar admission of an unavailable witnesss statement against a criminal defendant if the statement bears adequate indicia of reliability, a test met when the evidence either falls within a firmly rooted hearsay exception or bears particu...
iowa Vs. Tovar
Court: US Supreme Court
Decided on: Mar-08-2004
Iowa v. Tovar - 02-1541 (2004) SYLLABUS OCTOBER TERM, 2003 IOWA V. TOVAR SUPREME COURT OF THE UNITED STATES IOWA v. TOVAR certiorari to the supreme court of iowa No. 021541. Argued January 21, 2004Decided March 8, 2004 At respondent Tovars November 1996 arraignment for operating a motor vehicle under the influence of alcohol (OWI), in response to the trial courts questions, Tovar affirmed that he wanted to represent himself and to plead guilty. Conducting the guilty plea colloquy required by the Iowa Rules of Criminal Procedure, the court explained that, if Tovar pleaded not guilty, he would be entitled to a speedy and public jury trial where he would have the right to counsel who could help him select a jury, question and cross-examine witnesses, present evidence, and make arguments on his behalf. By pleading guilty, the court cautioned, Tovar would give up his right to a trial and his rights at that trial to be represented by counsel, to remain silent, to the presumption o...
BaldwIn Vs. Reese
Court: US Supreme Court
Decided on: Mar-02-2004
Baldwin v. Reese - 02-964 (2004) SYLLABUS OCTOBER TERM, 2003 BALDWIN V. REESE SUPREME COURT OF THE UNITED STATES BALDWIN v. REESE certiorari to the united states court of appeals for the ninth circuit No. 02964. Argued December 8, 2003Decided March 2, 2004 Before seeking federal habeas relief, a state prisoner must exhaust available state remedies, 28 U. S. C. 2254(b)(1), giving the State the opportunity to correct alleged violations of its prisoners federal rights, Duncan v. Henry, 513 U. S. 364 , 365, which means he must fairly present his claim in each appropriate state court to alert that court to the claims federal nature. After respondent Reese appealed his state convictions and sentences and the lower state courts denied him collateral relief, the Oregon Supreme Court denied him discretionary review. His subsequent federal habeas petition raised, inter alia , a federal constitutional ineffective-assistance-of-appellate-counsel claim. The Federal District Court ...
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