Us Supreme Court Court June 2004 Judgments
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Sosa Vs. Alvarez-machain
Court: US Supreme Court
Decided on: Jun-29-2004
Sosa v. Alvarez-Machain - 03-339 (2004) SYLLABUS OCTOBER TERM, 2003 SOSA V. ALVAREZ-MACHAIN SUPREME COURT OF THE UNITED STATES SOSA v. ALVAREZ-MACHAIN et al. certiorari to the united states court of appeals for the ninth circuit No. 03339. Argued March 30, 2004Decided June 29, 2004 The Drug Enforcement Administration (DEA) approved using petitioner Sosa and other Mexican nationals to abduct respondent Alvarez-Machain (Alvarez), also a Mexican national, from Mexico to stand trial in the United States for a DEA agents torture and murder. As relevant here, after his acquittal, Alvarez sued the United States for false arrest under the Federal Tort Claims Act (FTCA), which waives sovereign immunity in suits for personal injury caused by the negligent or wrongful act or omission of any [Government] employee while acting within the scope of his office or employment, 28 U. S. C. 1346(b)(1); and sued Sosa for violating the law of nations under the Alien Tort statute (ATS), a 1789 l...
Ashcroft Vs. American Civil Liberties Union
Court: US Supreme Court
Decided on: Jun-29-2004
Ashcroft v. American Civil Liberties Union - 03-218 (2004) SYLLABUS OCTOBER TERM, 2003 ASHCROFT V. AMERICAN CIVIL LIBERTIES UNION SUPREME COURT OF THE UNITED STATES ASHCROFT, ATTORNEY GENERAL v. AMERICAN CIVIL LIBERTIES UNION et al. certiorari to the united states court of appeals for the third circuit No. 03218. Argued March 2, 2004Decided June 29, 2004 To protect minors from exposure to sexually explicit materials on the Internet, Congress enacted the Child Online Protection Act (COPA), 47 U. S. C. 231, which, among other things, imposes a $50,000 fine and 6 months in prison for the knowing posting, for commercial purposes, of World Wide Web content that is harmful to minors, but provides an affirmative defense to commercial Web speakers who restrict access to prohibited materials by requiring use of a credit card or any other reasonable measures that are feasible under available technology, 231(c)(1). COPA was enacted in response to Reno v. American Civil Liberties Uni...
Rasul Vs. Bush
Court: US Supreme Court
Decided on: Jun-28-2004
Rasul v. Bush - 03-334 (2004) SYLLABUS OCTOBER TERM, 2003 RASUL V. BUSH SUPREME COURT OF THE UNITED STATES RASUL et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al. certiorari to the united states court of appeals for the district of columiba circuit No. 03334. Argued April 20, 2004Decided June 28, 2004 Pursuant to Congress joint resolution authorizing the use of necessary and appropriate force against nations, organizations, or persons that planned, authorized, committed, or aided in the September 11, 2001, al Qaeda terrorist attacks, the President sent Armed Forces into Afghanistan to wage a military campaign against al Qaeda and the Taliban regime that had supported it. Petitioners, 2 Australians and 12 Kuwaitis captured abroad during the hostilities, are being held in military custody at the Guantanamo Bay, Cuba, Naval Base, which the United States occupies under a lease and treaty recognizing Cubas ultimate sovereignty, but giving this country complete jurisdiction a...
Holland Vs. Jackson
Court: US Supreme Court
Decided on: Jun-28-2004
Holland v. Jackson - 03-1200 (2004) Holland v. Jackson - 03-1200 (2004) PER CURIAM HOLLAND V. JACKSON 542 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES FLORA HOLLAND, WARDEN v. JESSIE L. JACKSON on petition for writ of certiorari to the united states court of appeals for the sixth circuit No. 031200. Decided June 28, 2004 Per Curiam. I Respondent Jessie Jackson was tried in 1987 by the State of Tennessee for the murder of James Crawley. The State asserted that he had shot Crawley after an argument over drugs. Its principal evidence at trial was the eyewitness testimony of Jonathan Hughes, who claimed to have been at the scene with his girlfriend Melissa Gooch when the shooting occurred. Gooch did not testify. The jury convicted, and respondent was sentenced to lifeimprisonment. After unsuccessfully moving for a new trial, respondent sought state postconviction relief, alleging, inter alia , that his trial counsel had been ineffective in failing to condu...
Missouri Vs. Seibert
Court: US Supreme Court
Decided on: Jun-28-2004
Missouri v. Seibert - 02-1371 (2004) SYLLABUS OCTOBER TERM, 2003 MISSOURI V. SEIBERT SUPREME COURT OF THE UNITED STATES MISSOURI v. SEIBERT certiorari to the supreme court of missouri No. 021371. Argued December 9, 2003Decided June 28, 2004 Respondent Seibert feared charges of neglect when her son, afflicted with cerebral palsy, died in his sleep. She was present when two of her sons and their friends discussed burning her familys mobile home to conceal the circumstances of her sons death. Donald, an unrelated mentally ill 18-year-old living with the family, was left to die in the fire, in order to avoid the appearance that Seiberts son had been unattended. Five days later, the police arrested Seibert, but did not read her her rights under Miranda v. Arizona, 384 U. S. 436 . At the police station, Officer Hanrahan questioned her for 30 to 40 minutes, obtaining a confession that the plan was for Donald to die in the fire. He then gave her a 20-minute break, returned to g...
Hamdi Vs. Rumsfeld
Court: US Supreme Court
Decided on: Jun-28-2004
Hamdi v. Rumsfeld - 03-6696 (2004) SYLLABUS OCTOBER TERM, 2003 HAMDI V. RUMSFELD SUPREME COURT OF THE UNITED STATES HAMDI et al. v. RUMSFELD, SECRETARY OF DEFENSE, et al. certiorari to the united states court of appeals for the fourth circuit No. 036696. Argued April 28, 2004Decided June 28, 2004 After Congress passed a resolutionthe Authorization for Use of Military Force (AUMF)empowering the President to use all necessary and appropriate force against nations, organizations, or persons that he determines planned, authorized, committed, or aided in the September 11, 2001, al Qaeda terrorist attacks, the President ordered the Armed Forces to Afghanistan to subdue al Qaeda and quell the supporting Taliban regime. Petitioner Hamdi, an American citizen whom the Government has classified as an enemy combatant for allegedly taking up arms with the Taliban during the conflict, was captured in Afghanistan and presently is detained at a naval brig in Charleston, S. C. Hamdis father ...
United States Vs. Patane
Court: US Supreme Court
Decided on: Jun-28-2004
United States v. Patane - 02-1183 (2004) SYLLABUS OCTOBER TERM, 2003 UNITED STATES V. PATANE SUPREME COURT OF THE UNITED STATES UNITED STATES v. PATANE certiorari to the united states court of appeals for the tenth circuit No. 021183. Argued December 9, 2003Decided June 28, 2004 After Officer Fox began to investigate respondents apparent violation of a temporary restraining order, a federal agent told Foxs colleague, Detective Benner, that respondent, a convicted felon, illegally possessed a pistol. Officer Fox and Detective Benner proceeded to respondents home, where Fox arrested him for violating the restraining order. Benner attempted to advise respondent of his rights under Miranda v. Arizona, 384 U. S. 436 , but respondent interrupted, asserting that he knew his rights. Benner then asked about the pistol and retrieved and seized it. Respondent was indicted for possession of a firearm by a convicted felon, 18 U. S. C. 922(g)(1). The District Court granted his motio...
Rumsfeld Vs. Padilla
Court: US Supreme Court
Decided on: Jun-28-2004
Rumsfeld v. Padilla - 03-1027 (2004) SYLLABUS OCTOBER TERM, 2003 RUMSFELD V. PADILLA SUPREME COURT OF THE UNITED STATES RUMSFELD, SECRETARY OF DEFENSE v. PADILLA et al. certiorari to the united states court of appeals for the second circuit No. 031027. Argued April 28, 2004Decided June 28, 2004 Respondent Padilla, a United States citizen, was brought to New York for detention in federal criminal custody after federal agents apprehended him while executing a material witness warrant issued by the District Court for the Southern District of New York (Southern District) in connection with its grand jury investigation into the September 11, 2001, al Qaeda terrorist attacks. While his motion to vacate the warrant was pending, the President issued an order to Secretary of Defense Rumsfeld designating Padilla an enemy combatant and directing that he be detained in military custody. Padilla was later moved to a Navy brig in Charleston, S. C., where he has been held ever since. His c...
Beard Vs. Banks
Court: US Supreme Court
Decided on: Jun-24-2004
Beard v. Banks - 02-1603 (2004) SYLLABUS OCTOBER TERM, 2003 BEARD V. BANKS SUPREME COURT OF THE UNITED STATES BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al. v. BANKS certiorari to the united states court of appeals for the third circuit No. 021603. Argued February 24, 2004Decided June 24, 2004 After respondents murder conviction and death sentence were upheld by the Pennsylvania Supreme Court, this Court decided Mills v. Maryland, 486 U. S. 367 , and McKoy v. North Carolina, 494 U. S. 433 , in which it held invalid capital sentencing schemes requiring juries to disregard mitigating factors not found unanimously. After respondents state postconviction Mills claim was rejected by the State Supreme Court on the merits, he turned to the federal courts. Ultimately, the Third Circuit applied the analytical framework set forth in Teague v. Lane, 489 U. S. 288 , under which federal habeas petitioners may not avail themselves of new rules of constit...
Tennard Vs. Dretke, Director, Texas Department of Criminal Justice, Co ...
Court: US Supreme Court
Decided on: Jun-24-2004
TENNARD v. DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION - 02-10038 (2004) TENNARD v. DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-10038. Argued March 22, 2004--Decided June 24, 2004 During his capital murder trial's penalty phase, petitioner Tennard presented evidence that he had an IQ of 67. The jury was instructed to determine the appropriate punishment by considering two "special issues," which inquired into whether the crime was committed deliberately and whether the defendant posed a risk of future dangerousness. These were materially identical to two special issues found insufficient, in Penry v. Lynaugh, 492 U. S. 302 , for the jury to give effect to Penry's mitigating mental retardation and childhood abuse evidence. Tennard's jury answered both special issues affirmatively and Tennard was sentenced...
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