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Us Supreme Court Court May 2004 Judgments

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May 24 2004

Nelson Vs. Campbell

Court: US Supreme Court

Decided on: May-24-2004

Nelson v. Campbell - 03-6821 (2004) SYLLABUS OCTOBER TERM, 2003 NELSON V. CAMPBELL SUPREME COURT OF THE UNITED STATES NELSON v. CAMPBELL, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, et al. certiorari to the united states court of appeals for the eleventh circuit No. 036821. Argued March 29, 2004Decided May 24, 2004 Three days before his scheduled execution by lethal injection, petitioner filed a 42 U. S. C. 1983 action against respondent Alabama prison officials, alleging that the use of a cut-down procedure requiring an incision into his arm or leg to access his severely compromised veins constituted cruel and unusual punishment and deliberate indifference to his medical needs in violation of the Eighth Amendment. Petitioner, who had already filed an unsuccessful federal habeas application, sought a permanent injunction against the cut-downs use, a temporary stay of execution so the District Court could consider his claims merits, and orders requiring respondents to fu...


May 24 2004

Thornton Vs. United States

Court: US Supreme Court

Decided on: May-24-2004

Thornton v. United States - 03-5165 (2004) SYLLABUS OCTOBER TERM, 2003 THORNTON V. UNITED STATES SUPREME COURT OF THE UNITED STATES THORNTON v. UNITED STATES certiorari to the united states court of appeals for the fourth circuit No. 035165. Argued March 31, 2004Decided May 24, 2004 Before Officer Nichols could pull over petitioner, petitioner parked and got out of his car. Nichols then parked, accosted petitioner, and arrested him after finding drugs in his pocket. Incident to the arrest, Nichols searched petitioners car and found a handgun under the drivers seat. Petitioner was charged with federal drug and firearms violations. In denying his motion to suppress the firearm as the fruit of an unconstitutional search, the District Court found, inter alia, the automobile search valid under New York v. Belton, 453 U. S. 454 , in which this Court held that, when a police officer makes a lawful custodial arrest of an automobiles occupant, the Fourth Amendment allows the o...


May 17 2004

Till Vs. Scs Credit Corp.

Court: US Supreme Court

Decided on: May-17-2004

Till v. SCS Credit Corp. - 02-1016 (2004) SYLLABUS OCTOBER TERM, 2003 TILL V. SCS CREDIT CORP. SUPREME COURT OF THE UNITED STATES TILL et ux. v. SCS CREDIT CORP. certiorari to the united states court of appeals for the seventh circuit No. 021016. Argued December 2, 2003Decided May 17, 2004 Under the so-called cram down option permitted by the Bankruptcy Code, a Chapter 13 debtors proposed debt adjustment plan must provide each allowed, secured creditor both a lien securing the claim and a promise of future property disbursements whose total value, as of the plans date, is not less than the [claims] allowed amount, 11 U. S. C. 1325(a)(5)(B)(ii). When such plans provide for installment payments, each installment must be calibrated to ensure that the creditor receives disbursements whose total present value equals or exceeds that of the allowed claim. Respondents retail installment contract on petitioners truck had a secured value of $4,000 at the time petitioners filed a Chapt...


May 17 2004

Grupo Dataflux Vs. Atlas Global Group, L. P.

Court: US Supreme Court

Decided on: May-17-2004

Grupo Dataflux v. Atlas Global Group, L. P. - 02-1689 (2004) SYLLABUS OCTOBER TERM, 2003 GRUPO DATAFLUX V. ATLAS GLOBAL GROUP, L. P. SUPREME COURT OF THE UNITED STATES GRUPO DATAFLUX v. ATLAS GLOBAL GROUP, L. P., et al. certiorari to the united states court of appeals for the fifth circuit No. 021689. Argued March 3, 2004Decided May 17, 2004 Respondent Atlas Global Group, L. P., a limited partnership created under Texas law, filed a state-law suit against petitioner, a Mexican corporation, in federal court, alleging diversity jurisdiction. After the jury returned a verdict for Atlas, but before entry of judgment, petitioner moved to dismiss for lack of subject-matter jurisdiction because the parties were not diverse at the time the complaint was filed. In granting the motion, the Magistrate Judge found that, as a partnership, Atlas was a Mexican citizen because two of its partners, also respondents, were Mexican citizens at the time of filing; and that the requisite div...


May 17 2004

Tennessee Vs. Lane

Court: US Supreme Court

Decided on: May-17-2004

Tennessee v. Lane - 02-1667 (2004) SYLLABUS OCTOBER TERM, 2003 TENNESSEE V. LANE SUPREME COURT OF THE UNITED STATES TENNESSEE v. LANE et al. certiorari to the united states court of appeals for the sixth circuit No. 021667. Argued January 13, 2004Decided May 17, 2004 Respondent paraplegics filed this action for damages and equitable relief, alleging that Tennessee and a number of its counties had denied them physical access to that States courts in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), which provides: [N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation or denied the benefits of the services, programs or activities of a public entity, 42 U. S. C. 12132. After the District Court denied the States motion to dismiss on Eleventh Amendment immunity grounds, the Sixth Circuit held the appeal in abeyance pending Board of Trustees of Univ. of Ala. v. Garrett, 531 U. S. 356 . This Co...


May 17 2004

Tennessee Student Assistance Corporation Vs. Hood

Court: US Supreme Court

Decided on: May-17-2004

Tennessee Student Assistance Corporation v. Hood - 02-1606 (2004) SYLLABUS OCTOBER TERM, 2003 TENNESSEE STUDENT ASSISTANCE CORPORATION V. HOOD SUPREME COURT OF THE UNITED STATES TENNESSEE STUDENT ASSISTANCE CORPORATION v. HOOD certiorari to the united states court of appeals for the sixth circuit No. 021606. Argued March 1, 2004Decided May 17, 2004 Respondent Hood had an outstanding balance on student loans guaranteed by petitioner Tennessee Student Assistance Corporation (TSAC), a state entity, at the time she filed a Chapter 7 bankruptcy petition. Hoods general discharge did not cover her student loans, as she did not list them and they are only dischargeable if a bankruptcy court determines that excepting the debt from the order would be an undue hardship on the debtor, 11 U. S. C. 523(a)(8). Hood subsequently reopened the petition, seeking an undue hardship determination. As prescribed by Federal Rules of Bankruptcy Procedure 7001(6), 7003, and 7004, she filed a complain...


May 17 2004

Sabri Vs. United States

Court: US Supreme Court

Decided on: May-17-2004

Sabri v. United States - 03-44 (2004) SYLLABUS OCTOBER TERM, 2003 SABRI V. UNITED STATES SUPREME COURT OF THE UNITED STATES SABRI v. UNITED STATES certiorari to the united states court of appeals for the eighth circuit No. 0344. Argued March 3, 2004Decided May 17, 2004 After petitioner Sabri offered three separate bribes to a Minneapolis councilman to facilitate construction in the city, Sabri was charged with violating 18 U. S. C. 666(a)(2), which proscribes bribery of state and local officials of entities, such as Minneapolis, that receive at least $10,000 in federal funds. Before trial, Sabri moved to dismiss the indictment on the ground that 666(a)(2) is unconstitutional on its face for failure to require proof of a connection between the federal funds and the alleged bribe, as an element of liability. The District Court agreed, but the Eighth Circuit reversed, holding that the absence of such an express requirement was not fatal, and that the statute was constitutional ...


May 03 2004

Middleton Vs. Mcneil

Court: US Supreme Court

Decided on: May-03-2004

Middleton v. McNeil - 03-1028 (2004) Middleton v. McNeil - 03-1028 (2004) PER CURIAM MIDDLETON V. MCNEIL 541 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES RAYMOND L. MIDDLETON, WARDEN v. SALLY MARIE McNEIL on petition for writ of certiorari to the united states court of appeals for the ninth circuit No. 031028. Decided May 3, 2004 Per Curiam. I Respondent Sally Marie McNeil killed her husband after an argument over his infidelity and spending habits. The State of California charged her with murder. Respondents theory at trial was that her husband had tried to strangle her during the argument, but that she had escaped, fetched a shotgun from the bedroom, and killed him out of fear for her life. Fingernail marks were indeed found on her neck after the shooting. She testified that her husband had been abusive, and a defense expert opined that she suffered from Battered Womens Syndrome. The State countered with forensic evidence showing that the fingernail marks wer...


May 03 2004

Dretke Vs. Haley

Court: US Supreme Court

Decided on: May-03-2004

Dretke v. Haley - 02-1824 (2004) SYLLABUS OCTOBER TERM, 2003 DRETKE V. HALEY SUPREME COURT OF THE UNITED STATES DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION v. HALEY certiorari to the united states court of appeals for the fifth circuit No. 021824. Argued March 2, 2004Decided May 3, 2004 Respondent was charged with and convicted of felony theft. Based on two prior convictions, he was also charged as a habitual offender. Under Texas habitual offender statute, a defendant convicted of a felony is subject to a sentence of 2 to 20 years if (1) he has two prior felony convictions, and (2) the conviction for the first prior offense became final before commission of the second. Texas law requires the State to prove the habitual offender allegations to a jury beyond a reasonable doubt at a separate penalty hearing. The jury here convicted respondent of the habitual offender charge, and the judge sentenced him to 16 years. As it turned ou...


May 03 2004

Jones Vs. R. R. Donnelley and Sons Co.

Court: US Supreme Court

Decided on: May-03-2004

Jones v. R. R. Donnelley & Sons Co. - 02-1205 (2004) SYLLABUS OCTOBER TERM, 2003 JONES V. R. R. DONNELLEY & SONS CO. SUPREME COURT OF THE UNITED STATES JONES et al. on behalf of herself and a class of others similarly situated v. R. R. DONNELLEY & SONS CO. certiorari to the united states court of appeals for the seventh circuit No. 021205. Argued February 24, 2004Decided May 3, 2004 After this Court held that federal courts should apply the most appropriate state statute of limitations to claims arising under 42 U. S. C. 1981, which contains no statute of limitations, see Goodman v. Lukens Steel Co., 482 U. S. 656 , 660, Congress enacted a 4-year statute of limitations for causes of action arising under an Act of Congress enacted after [December 1, 1990], 28 U. S. C. 1658(a). Petitioners, African-American former employees of respondent, filed a class action alleging violations of 1981, as amended by the Civil Rights Act of 1991. Respondent sought summary judgment, claim...


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