Us Supreme Court Court April 2008 Judgments
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Crawford Vs. Marion County Election Bd.
Court: US Supreme Court
Decided on: Apr-28-2008
Crawford v. Marion County Election Bd. - 07-21 (2008) SYLLABUS OCTOBER TERM, 2007 CRAWFORD V. MARION COUNTY ELECTION BD. SUPREME COURT OF THE UNITED STATES CRAWFORD et al. v . MARION COUNTY ELECTION BOARD et al. certiorari to the united states court of appeals for the seventh circuit No. 0721.Argued January 9, 2008Decided April 28, 2008* After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the laws constitutionality. Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statutes validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections , 383 U. S. 663 , finding the burden on voters offset by the benefit of reducing the risk of fraud. Held: The ju...
Virginia Vs. Moore
Court: US Supreme Court
Decided on: Apr-23-2008
Virginia v. Moore - 06-1082 (2008) SYLLABUS OCTOBER TERM, 2007 VIRGINIA V. MOORE SUPREME COURT OF THE UNITED STATES VIRGINIA v . MOORE certiorari to the supreme court virginia No. 061082.Argued January 14, 2008Decided April 23, 2008 Rather than issuing the summons required by Virginia law, police arrested respondent Moore for the misdemeanor of driving on a suspended license. A search incident to the arrest yielded crack cocaine, and Moore was tried on drug charges. The trial court declined to suppress the evidence on Fourth Amendment grounds. Moore was convicted. Ultimately, the Virginia Supreme Court reversed, reasoning that the search violated the Fourth Amendment because the arresting officers should have issued a citation under state law, and the Fourth Amendment does not permit search incident to citation. Held: The police did not violate the Fourth Amendment when they made an arrest that was based on probable cause but prohibited by state law, or when they performe...
Baze Vs. Rees
Court: US Supreme Court
Decided on: Apr-16-2008
Baze v. Rees - 07-5439 (2008) SYLLABUS OCTOBER TERM, 2007 BAZE V. REES SUPREME COURT OF THE UNITED STATES BAZE et al. v . REES, COMMISSIONER, KENTUCKY DEPARTMENT OF CORRECTIONS, et al. certiorari to the supreme court of kentucky No. 075439.Argued January 7, 2008Decided April 16, 2008 Lethal injection is used for capital punishment by the Federal Government and 36 States, at least 30 of which (including Kentucky) use the same combination of three drugs: The first, sodium thiopental, induces unconsciousness when given in the specified amounts and thereby ensures that the prisoner does not experience any pain associated with the paralysis and cardiac arrest caused by the second and third drugs, pancuronium bromide and potassium chloride. Among other things, Kentuckys lethal injection protocol reserves to qualified personnel having at least one years professional experience the responsibility for inserting the intravenous (IV) catheters into the prisoner, leaving it to others to...
Begay Vs. United States
Court: US Supreme Court
Decided on: Apr-16-2008
Begay v. United States - 06-11543 (2008) SYLLABUS OCTOBER TERM, 2007 BEGAY V. UNITED STATES SUPREME COURT OF THE UNITED STATES BEGAY v . UNITED STATES certiorari to the united states court of appeals for the tenth circuit No. 0611543.Argued January 15, 2008Decided April 16, 2008 The Armed Career Criminal Act (Act) imposes a special mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes or a violent felony. 18 U. S. C. 924(e)(1). The Act defines violent felony as, inter alia , a crime punishable by more than one years imprisonment that is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another. 924(e)(2)(B)(ii) (hereinafter clause (ii)). After petitioner Begay pleaded guilty to felony possession of a firearm, his presentence report revealed he had 12 New Mexico convictions ...
Burgess Vs. United States
Court: US Supreme Court
Decided on: Apr-16-2008
Burgess v. United States - 06-11429 (2008) SYLLABUS OCTOBER TERM, 2007 BURGESS V. UNITED STATES SUPREME COURT OF THE UNITED STATES BURGESS v . UNITED STATES certiorari to the united states court of appeals for the fourth circuit No. 0611429.Argued March 24, 2008Decided April 16, 2008 The Controlled Substances Act (CSA) doubles the mandatory minimum sentence for certain federal drug crimes if the defendant was previously convicted of a felony drug offense. 21 U. S. C. 841(b)(1)(A). Section 802(13) defines the unadorned term felony to mean any offense classified by applicable Federal or State law as a felony, while 802(44) defines the compound term felony drug offense to mea[n] an offense [involving specified drugs] that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country. Petitioner Burgess pleaded guilty in federal court to conspiracy to possess with intent to distribute 50 grams or more of cocaine b...
United States Vs. Clintwood Elkhorn Mining Co.
Court: US Supreme Court
Decided on: Apr-15-2008
United States v. Clintwood Elkhorn Mining Co. - 07-308 (2008) SYLLABUS OCTOBER TERM, 2007 UNITED STATES V. CLINTWOOD ELKHORN MINING CO. SUPREME COURT OF THE UNITED STATES UNITED STATES v . CLINTWOOD ELKHORN MINING CO. et al. certiorari to the united states court of appeals for the federal circuit No. 07308.Argued March 24, 2008Decided April 15, 2008 The Internal Revenue Code requires a taxpayer seeking a refund of taxes unlawfully assessed to file an administrative claim with the Internal Revenue Service (IRS) before filing suit against the Government, see 26 U. S. C. 7422(a). Such claim must be filed within three years of the filing of a tax return or two years of the taxs payment, whichever is later, see 6511(a). In contrast, the Tucker Act allows claims to be brought against the Government within six years of the challenged conduct. Respondent coal companies paid taxes on coal exports under a portion of the Code later invalidated under the Export Clause of the Constitutio...
Meadwestvaco Corp. Vs. Illinois Dept. of Revenue
Court: US Supreme Court
Decided on: Apr-15-2008
MeadWestvaco Corp. v. Illinois Dept. of Revenue - 06-1413 (2008) SYLLABUS OCTOBER TERM, 2007 MEADWESTVACO CORP. V. ILLINOIS DEPT. OFREVENUE SUPREME COURT OF THE UNITED STATES MEADWESTVACO CORP., successor in interest to MEAD CORP. v . ILLINOIS DEPARTMENT OFREVENUE et al. certiorari to the appellate court of illinois, first district No. 061413.Argued January 16, 2008Decided April 15, 2008 A State may tax an apportioned share of the value generated by a multistate enterprises intrastate and extrastate activities that form part of a unitary business. Hunt-Wesson, Inc. v. Franchise Tax Bd. of Cal. , 528 U. S. 458 , 460. Illinois taxed a capital gain realized by Mead, an Ohio corporation that is a wholly owned subsidiary of petitioner, when Mead sold its Lexis business division. Mead paid the tax and sued in state court. The trial court found that Lexis and Mead were not unitary because they were not functionally integrated or centrally managed and enjoyed no economies of...
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