Us Supreme Court Court April 2006 Judgments
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Hartman Vs. Moore
Court: US Supreme Court
Decided on: Apr-26-2006
Hartman v. Moore - 04-1495 (2006) SYLLABUS OCTOBER TERM, 2005 HARTMAN V. MOORE SUPREME COURT OF THE UNITED STATES HARTMAN et al. v . MOORE certiorari to the united states court of appeals for the district of columbia circuit No. 041495.Argued January 10, 2006Decided April 26, 2006 Seeking to convince the United States Postal Service to incorporate multiline optical scanning technology, a company (REI), which manufactured multiline optical readers, commenced an extensive lobbying and public-relations campaign. In the end, the Postal Service begrudgingly embraced the multiline technology, but awarded the lucrative equipment contract to a competing firm. Subsequently, Postal Service inspectors investigated REI and its chief executive, respondent Moore, for their alleged involvement in a consulting-firm kickback scandal and for their alleged improper role in the search for a new Postmaster General. Urged at least in part by the inspectors to bring criminal charges, a federal pro...
Jones Vs. Flowers
Court: US Supreme Court
Decided on: Apr-26-2006
Jones v. Flowers - 04-1477 (2006) SYLLABUS OCTOBER TERM, 2005 JONES V. FLOWERS SUPREME COURT OF THE UNITED STATES JONES v . FLOWERS et al. certiorari to the supreme court of arkansas No. 041477.Argued January 17, 2006Decided April 26, 2006 Petitioner Jones continued to pay the mortgage on his Arkansas home after separating from his wife and moving elsewhere in the same city. Once the mortgage was paid off, the property taxeswhich had been paid by the mortgage companywent unpaid, and the property was certified as delinquent. Respondent Commissioner of State Lands mailed Jones a certified letter at the propertys address, stating that unless he redeemed the property, it would be subject to public sale in two years. Nobody was home to sign for the letter and nobody retrieved it from the post office within 15 days, so it was returned to the Commissioner, marked unclaimed. Two years later, the Commissioner published a notice of public sale in a local newspaper. No bids were submit...
Day Vs. Mcdonough
Court: US Supreme Court
Decided on: Apr-25-2006
Day v. McDonough - 04-1324 (2006) SYLLABUS OCTOBER TERM, 2005 DAY V. MCDONOUGH SUPREME COURT OF THE UNITED STATES DAY v . McDONOUGH, INTERIM SECRETARY,FLORIDA DEPARTMENT OF CORRECTIONS certiorari to the united states court of appeals for the eleventh circuit No. 041324.Argued February 27, 2006Decided April 25, 2006 The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) sets a one-year limitation period for filing a state prisoners federal habeas corpus petition, running from the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review, 28 U. S. C. 2244(d)(1)(A), but stops the one-year clock while the petitioners properly filed application for state postconviction relief is pending, 2244(d)(2). Under Eleventh Circuit precedent, which is not challenged here, that tolling period does not include the 90 days in which a petitioner might have sought certiorari review in this Court challenging state-...
Northern Ins. Co. of N. Y. Vs. Chatham County
Court: US Supreme Court
Decided on: Apr-25-2006
Northern Ins. Co. of N. Y. v. Chatham County - 04-1618 (2006) SYLLABUS OCTOBER TERM, 2005 NORTHERN INS. CO. OF N. Y. V. CHATHAM COUNTY SUPREME COURT OF THE UNITED STATES NORTHERN INSURANCE COMPANY OF NEW YORK v . CHATHAM COUNTY, GEORGIA certiorari to the united states court of appeals for the eleventh circuit No. 041618.Argued March 1, 2006Decided April 25, 2006 Petitioner insurance company filed this admiralty suit against respondent County seeking damages resulting from a collision between a malfunctioning County drawbridge and a boat insured by petitioner. Granting the County summary judgment, the District Court recognized that Eleventh Amendment immunity from suit does not extend to counties, but relied on Circuit precedent to conclude that sovereign immunity extends to counties and municipalities that, as here, exercise power delegated from the State. The Eleventh Circuit, which was bound by that same precedent, affirmed. It acknowledged that the County did not ass...
Salinas Vs. United States
Court: US Supreme Court
Decided on: Apr-24-2006
Salinas v. United States - 05-8400 (2006) Salinas v. United States - 05-8400 (2006) 547 U. S. ____ (2006) 547 U. S. ____ (2006) 547 U. S. ____ (2006) SUPREME COURT OF THE UNITED STATES JEFFREY JEROME SALINAS v. UNITED STATES on petition for writ of certiorari to the unitedstates court of appeals for the fifth circuit No. 05-8400. Decided April 24, 2006 Per Curiam. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit and the motion of petitioner for leave to proceed in forma pauperis are granted. The judgment is vacated, and the case is remanded to the Fifth Circuit for further consideration. The Fifth Circuit concluded that petitioner’s prior conviction for simple possession of a controlled substance constituted a “controlled substance offense” for purposes of United States Sentencing Commission, Guidelines Manual §4B1.1(a) (2003). The term ...
Gonzales Vs. Thomas
Court: US Supreme Court
Decided on: Apr-17-2006
Gonzales v. Thomas - 05-552 (2006) Gonzales v. Thomas - 05-552 (2006) PER CURIAM GONZALES V. THOMAS 547 U. S. ____ (2006) SUPREME COURT OF THE UNITED STATES ALBERTO R. GONZALES, ATTORNEY GENERAL v. MICHELLE THOMAS et al. on petition for writ of certiorari to the united states court of appeals for the ninth circuit No. 05552.Decided April 17, 2006 Per Curiam. The Immigration and Nationality Act authorizes the Attorney General to grant an alien asylum if the alien cannot return to another country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 101(a)(42)(A), as added, 201, 94 Stat. 102, 8 U. S. C. 1101(a)(42)(A) (emphasis added). The respondents, Michelle Thomas and her immediate family, applied for asylum. They checked boxes on the application form that indicated their claim rested upon fear of persecution in their native South Africa because of (1)...
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