Us Supreme Court Court June 2008 Judgments
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Davis Vs. Federal Election Comm’n
Court: US Supreme Court
Decided on: Jun-26-2008
Davis v. Federal Election Commn - 07-320 (2008) SYLLABUS OCTOBER TERM, 2007 DAVIS V. FEDERAL ELECTION COMM'N SUPREME COURT OF THE UNITED STATES DAVIS v . FEDERAL ELECTION COMMISSION appeal from the united states district court for the district of columbia No. 07320.Argued April 22, 2008Decided June 26, 2008 Federal-law limits on the amount of contributions a House of Representatives candidate and his authorized committee may receive from an individual, and the amount his party may devote to coordinated campaign expenditures, 2 U. S. C. 441a(a)(1)(A), (a)(3)(A), (c), and (d), normally apply equally to all competitors for a seat and their authorized committees. However, 319(a) of the Bipartisan Campaign Reform Act of 2002 (BCRA), 2 U. S. C. 441a1(a), part of the so-called Millionaires Amendment, fundamentally alters this scheme when, as a result of a candidates expenditure of personal funds, the opposition personal funds amount (OPFA) exceeds $350,000. The OPFA is a statistic ...
Morgan Stanley Capital Group Inc. Vs. Public Util. Dist. No. 1 of Snoh ...
Court: US Supreme Court
Decided on: Jun-26-2008
Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty. - 06-1457 (2008) SYLLABUS OCTOBER TERM, 2007 MORGAN STANLEY CAPITAL GROUP INC. V. PUBLICUTIL. DIST. NO. 1 OF SNOHOMISH CTY. SUPREME COURT OF THE UNITED STATES MORGAN STANLEY CAPITAL GROUP INC. v . PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY et al. certiorari to the united states court of appeals for the ninth circuit No. 061457.Argued February 19, 2008Decided June 26, 2008* Under the Mobile-Sierra doctrine, the Federal Energy Regulatory Commission (FERC) must presume that the electricity rate set in a freely negotiated wholesale-energy contract meets the just and reasonable requirement of the Federal Power Act (FPA), see 16 U. S. C. 824d(a), and the presumption may be overcome only if FERC concludes that the contract seriously harms the public interest. See United Gas Pipe Line Co. v. Mobile Gas Service Corp. , 350 U. S. 332 ; FPC v. Sierra Pacific Power Co. , 350 U. S. 348 . ...
District of Columbia Vs. Heller
Court: US Supreme Court
Decided on: Jun-26-2008
District of Columbia v. Heller - 07-290 (2008) SYLLABUS OCTOBER TERM, 2007 DISTRICT OF COLUMBIA V. HELLER SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA et al. v . HELLER certiorari to the united states court of appeals for the district of columbia circuit No. 07290.Argued March 18, 2008Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Respondent Heller, a D. C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing req...
Exxon Shipping Co. Vs. Baker
Court: US Supreme Court
Decided on: Jun-25-2008
Exxon Shipping Co. v. Baker - 07-219 (2008) SYLLABUS OCTOBER TERM, 2007 EXXON SHIPPING CO. V. BAKER SUPREME COURT OF THE UNITED STATES EXXON SHIPPING CO. et al. v . BAKER et al. certiorari to the united states court of appeals for the ninth circuit No. 07219.Argued February 27, 2008Decided June 25, 2008 In 1989, petitioners (collectively, Exxon) supertanker grounded on a reef off Alaska, spilling millions of gallons of crude oil into Prince William Sound. The accident occurred after the tankers captain, Joseph Hazelwoodwho had a history of alcohol abuse and whose blood still had a high alcohol level 11 hours after the spillinexplicably exited the bridge, leaving a tricky course correction to unlicensed subordinates. Exxon spent some $2.1 billion in cleanup efforts, pleaded guilty to criminal violations occasioning fines, settled a civil action by the United States and Alaska for at least $900 million, and paid another $303 million in voluntary payments to private parties. Ot...
Giles Vs. California
Court: US Supreme Court
Decided on: Jun-25-2008
Giles v. California - 07-6053 (2008) SYLLABUS OCTOBER TERM, 2007 GILES V. CALIFORNIA SUPREME COURT OF THE UNITED STATES GILES v . CALIFORNIA certiorari to the supreme court of california No. 076053.Argued April 22, 2008Decided June 25, 2008 At petitioner Giles murder trial, the court allowed prosecutors to introduce statements that the murder victim had made to a police officer responding to a domestic violence call. Giles was convicted. While his appeal was pending, this Court held that the Sixth Amendments Confrontation Clause gives defendants the right to cross-examine witnesses who give testimony against them, except in cases where an exception to the confrontation right was recognized at the founding. Crawford v. Washington , 541 U. S. 36 , 5354. The State Court of Appeal concluded that the Confrontation Clause permitted the trial court to admit into evidence the unconfronted testimony of the murder victim under a doctrine of forfeiture by wrongdoing. It concluded t...
Plains Commerce Bank Vs. Long Family Land and Cattle Co.
Court: US Supreme Court
Decided on: Jun-25-2008
Plains Commerce Bank v. Long Family Land & Cattle Co. - 07-411 (2008) SYLLABUS OCTOBER TERM, 2007 PLAINS COMMERCE BANK V. LONG FAMILY LAND &CATTLE; CO. SUPREME COURT OF THE UNITED STATES PLAINS COMMERCE BANK v . LONG FAMILY LAND & CATTLE CO., INC., et al. certiorari to the united states court of appeals for the eighth circuit No. 07411.Argued April 14, 2008Decided June 25, 2008 Petitioner Plains Commerce Bank (Bank), a non-Indian bank, sold land it owned in fee simple on a tribal reservation to non-Indians. Respondents the Longs, an Indian couple who had been leasing the land with an option to purchase, claim the Bank discriminated against them by selling the parcel to nonmembers of the Tribe on terms more favorable than the Bank offered to sell it to them. The couple sued in Tribal Court, asserting, inter alia , discrimination, breach-of-contract, and bad-faith claims. Over the Banks objection, the Tribal Court concluded that it had jurisdiction and proceeded to trial, wh...
Kennedy Vs. Louisiana
Court: US Supreme Court
Decided on: Jun-25-2008
Kennedy v. Louisiana - 07-343 (2008) SYLLABUS OCTOBER TERM, 2007 KENNEDY V. LOUISIANA SUPREME COURT OF THE UNITED STATES KENNEDY v . LOUISIANA certiorari to the supreme court of louisiana No. 07343.Argued April 16, 2008Decided June 25, 2008 Louisiana charged petitioner with the aggravated rape of his then-8-year-old stepdaughter. He was convicted and sentenced to death under a state statute authorizing capital punishment for the rape of a child under 12. The State Supreme Court affirmed, rejecting petitioners reliance on Coker v. Georgia , 433 U. S. 584 , which barred the use of the death penalty as punishment for the rape of an adult woman but left open the question which, if any, other nonhomicide crimes can be punished by death consistent with the Eighth Amendment. Reasoning that children are a class in need of special protection, the state court held child rape to be unique in terms of the harm it inflicts upon the victim and society and concluded that, short of fi...
Stephenson Vs. United States
Court: US Supreme Court
Decided on: Jun-23-2008
Stephenson v. United States - 07-9267 (2008) Stephenson v. United States - 07-9267 (2008) 554 U. S. ____ (2008) STEPHENSON V. UNITED STATES 554 U. S. ____ (2008) SUPREME COURT OF THE UNITED STATES TWAN STEPHENSON v. UNITED STATES on petition for writ of certiorari to the united states court of appeals for the seventh circuit No. 079267.Decided June 23, 2008 The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed May 12, 2008. Justice Scalia, with whom The Chief Justice and Justice Thomas join, dissenting. Petitioner pleaded guilty to distributing crack cocaine. He waived all appellate issues that might have been available if he had exercised his right to trial but re...
Nunez Vs. United States
Court: US Supreme Court
Decided on: Jun-23-2008
Nunez v. United States - 07-818 (2008) Nunez v. United States - 07-818 (2008) SCALIA, J., DISSENTING NUNEZ V. UNITED STATES 554 U. S. ____ (2008) SUPREME COURT OF THE UNITED STATES ARMANDO NUNEZ v. UNITED STATES on petition for writ of certiorari to the united states court of appeals for the seventh circuit No. 07818.Decided June 23, 2008 The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed May 12, 2008. Justice Scalia, with whom The Chief Justice and Justice Thomas join, dissenting. Petitioner pleaded guilty to federal narcotics offenses and waived appellate and collateral-review rights. Despite that waiver, he demanded (the Court of Appeals assumed) that his attorney file a notice of appeal; his attorney refused. Petitioner sought ...
Rothgery Vs. Gillespie County
Court: US Supreme Court
Decided on: Jun-23-2008
Rothgery v. Gillespie County - 07-440 (2008) SYLLABUS OCTOBER TERM, 2007 ROTHGERY V. GILLESPIE COUNTY SUPREME COURT OF THE UNITED STATES ROTHGERY v . GILLESPIE COUNTY, TEXAS certiorari to the united states court of appeals for the fifth circuit No. 07440.Argued March 17, 2008Decided June 23, 2008 Texas police relied on erroneous information that petitioner Rothgery had a previous felony conviction to arrest him as a felon in possession of a firearm. The officers brought Rothgery before a magistrate judge, as required by state law, for a so-called article 15.17 hearing, at which the Fourth Amendment probable-cause determination was made, bail was set, and Rothgery was formally apprised of the accusation against him. After the hearing, the magistrate judge committed Rothgery to jail, and he was released after posting a surety bond. Rothgery had no money for a lawyer and made several unheeded oral and written requests for appointed counsel. He was subsequently indicted and rear...
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