Us Supreme Court Court February 2007 Judgments
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Whorton Vs. Bockting
Court: US Supreme Court
Decided on: Feb-28-2007
Whorton v. Bockting - 05-595 (2007) SYLLABUS OCTOBER TERM, 2006 WHORTON V. BOCKTING SUPREME COURT OF THE UNITED STATES WHORTON, DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS v . BOCKTING certiorari to the united states court of appeals for the ninth circuit No. 05595.Argued November 1, 2006Decided February 28, 2007 At respondents trial for sexual assault on his 6-year-old stepdaughter, the court determined that the child was too distressed to testify and allowed respondents wife and a police detective to recount her out-of-court statements about the assaults, as permitted by Nevada law, rejecting respondents claim that admitting this testimony would violate the Confrontation Clause. He was convicted and sentenced to prison. On direct appeal, the Nevada Supreme Court found the childs statements constitutional under Ohio v. Roberts , 448 U. S. 56 , then this Courts governing precedent, which had held that the Confrontation Clause permitted the admission of a hearsay stateme...
Wallace Vs. Kato
Court: US Supreme Court
Decided on: Feb-21-2007
Wallace v. Kato - 05-1240 (2007) SYLLABUS OCTOBER TERM, 2006 WALLACE V. KATO SUPREME COURT OF THE UNITED STATES WALLACE v . KATO et al. certiorari to the united states court of appeals for the seventh circuit No. 051240.Argued November 6, 2006Decided February 21, 2007 In January 1994, Chicago police arrested petitioner, a minor, for murder. He was tried and convicted, but the charges were ultimately dropped in April 2002. In April 2003, he filed this suit under 42 U. S. C. 1983 against the city and several of its officers, seeking damages for, inter alia, his unlawful arrest in violation of the Fourth Amendment. The District Court granted respondents summary judgment, and the Seventh Circuit affirmed, ruling that the 1983 suit was time barred because petitioners cause of action accrued at the time of his arrest, not when his conviction was later set aside. Held: The statute of limitations upon a 1983 claim seeking damages for a false arrest in violation of the Fourth Am...
Marrama Vs. Citizens Bank of Mass.
Court: US Supreme Court
Decided on: Feb-21-2007
Marrama v. Citizens Bank of Mass. - 05-996 (2007) SYLLABUS OCTOBER TERM, 2006 MARRAMA V. CITIZENS BANK OF MASS. SUPREME COURT OF THE UNITED STATES MARRAMA v . CITIZENS BANK OF MASSACHUSETTS et al. certiorari to the united states court of appeals for the first circuit No. 05996.Argued November 6, 2006Decided February 21, 2007 In filing his petition under Chapter 7 of the Bankruptcy Code, petitioner Marrama misrepresented the value of his Maine property and that he had not transferred it during the preceding year. Respondent DeGiacomo, the trustee of Marramas estate, stated his intention to recover the Maine property as an estate asset. Thereafter, Marrama sought to convert the proceeding to Chapter 13, but the trustee and respondent bank, Marramas principal creditor, objected, contending that the request to convert was made in bad faith and would constitute an abuse of the bankruptcy process. The Bankruptcy Judge denied Marramas request, finding bad faith. Affirming, the Firs...
Lawrence Vs. Florida
Court: US Supreme Court
Decided on: Feb-20-2007
Lawrence v. Florida - 05-8820 (2007) SYLLABUS OCTOBER TERM, 2006 LAWRENCE V. FLORIDA SUPREME COURT OF THE UNITED STATES LAWRENCE v . FLORIDA certiorari to the united states court of appeals for the eleventh circuit No. 058820.Argued October 31, 2006Decided February 20, 2007 The 1-year statute of limitations for seeking federal habeas relief from a state-court judgment is tolled while an application for State post-conviction or other collateral review is pending. 28 U. S. C. 2244(d)(2). Petitioner Lawrence filed a state postconviction relief application 364 days after his conviction became final. The trial court denied relief, the State Supreme Court affirmed, and this Court denied certiorari. While the certiorari petition was pending, Lawrence filed the present federal habeas application. Then-applicable Eleventh Circuit precedent foreclosed any argument that the limitations period was tolled by the pendency of the certiorari petition. Thus, the District Court dismissed Lawr...
Philip Morris Usa Vs. Williams
Court: US Supreme Court
Decided on: Feb-20-2007
Philip Morris USA v. Williams - 05-1256 (2007) SYLLABUS OCTOBER TERM, 2006 PHILIP MORRIS USA V. WILLIAMS SUPREME COURT OF THE UNITED STATES PHILIP MORRIS USA v . WILLIAMS, personal representative of ESTATE OF WILLIAMS, DECEASED certiorari to the supreme court of oregon No. 051256.Argued October 31, 2006Decided February 20, 2007 In this state negligence and deceit lawsuit, a jury found that Jesse Williams death was caused by smoking and that petitioner Philip Morris, which manufactured the cigarettes he favored, knowingly and falsely led him to believe that smoking was safe. In respect to deceit, it awarded $821,000 in compensatory damages and $79.5 million in punitive damages to respondent, the personal representative of Williams estate. The trial court reduced the latter award, but it was restored by the Oregon Court of Appeals. The State Supreme Court rejected Philip Morris arguments that the trial court should have instructed the jury that it could not punish Philip Morri...
Weyerhaeuser Co. Vs. Ross-simmons Hardwood Lumber Co.
Court: US Supreme Court
Decided on: Feb-20-2007
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. - 05-381 (2007) SYLLABUS OCTOBER TERM, 2006 WEYERHAEUSER CO. V. ROSS-SIMMONS HARDWOODLUMBER CO. SUPREME COURT OF THE UNITED STATES WEYERHAEUSER CO. v . ROSS-SIMMONS HARDWOOD LUMBER CO., INC. certiorari to the united states court of appeals for the ninth circuit No. 05381.Argued November 28, 2006Decided February 20, 2007 Respondent Ross-Simmons, a sawmill, filed suit under 2 of the Sherman Act, alleging that petitioner Weyerhaeuser drove it out of business by bidding up the price of sawlogs to a level that prevented Ross-Simmons from being profitable. The District Court, inter alia, rejected Weyerhaeusers proposed predatory-bidding jury instructions that incorporated elements of the test applied to predatory-pricing claims in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. , 509 U. S. 209 . The jury returned a verdict against Weyerhaeuser. The Ninth Circuit affirmed, rejecting Weyerhaeusers argument that Broo...
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