Us Supreme Court Court March 2011 Judgments
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Virginia Office for Protection and Advocacy Vs. Stewart
Court: US Supreme Court
Decided on: Mar-29-2011
Virginia Office for Protection and Advocacy v. Stewart - 09-529 (2011) SYLLABUS OCTOBER TERM, 2010 VIRGINIA OFFICE FOR PROTECTION AND ADVOCACYV. STEWART SUPREME COURT OF THE UNITED STATES VIRGINIA OFFICE FOR PROTECTION AND ADVOCACY v . STEWART, COMMISSIONER, VIRGINIADEPARTMENT OF BEHAVIORAL HEALTHAND DEVELOPMENTAL SERVICES, et al. certiorari to the united states court of appeals for the fourth circuit No. 09529.Argued December 1, 2010Decided April 19, 2011 Together, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) offer States federal money to improve, inter alia, medical care for persons with developmental disabilities or mental illness. As a condition of funding, a State must establish a protection and advocacy (P&A;) system to protect and advocate [those individuals] rights. 42 U. S. C. 15043(a)(1). A participating State may appoint either a state agency ...
Sossamon Vs. Texas
Court: US Supreme Court
Decided on: Mar-22-2011
Sossamon v. Texas - 08-1438 (2011) SYLLABUS OCTOBER TERM, 2010 SOSSAMON V. TEXAS SUPREME COURT OF THE UNITED STATES SOSSAMON v . TEXAS et al. certiorari to the united states court of appeals for the fifth circuit No. 081438.Argued November 2, 2010Decided April 20, 2011 After this Court held that the Religious Freedom Restoration Act of 1993 was unconstitutional as applied to state and local governments because it exceeded Congress power under 5 of the Fourteenth Amendment, see City of Boerne v. Flores , 521 U. S. 507 , Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) pursuant to its Spending Clause and Commerce Clause authority. RLUIPA targets two areas of state and local action: landuse regulation, RLUIPA 2, 42 U. S. C. 2000cc, and restrictions on the religious exercise of institutionalized persons, RLUIPA 3, 2000cc1. It also provides an express private cause of action for appropriate relief against a government, 2000cc2(a), in...
Arizona Christian School Tuition Organization Vs. Winn
Court: US Supreme Court
Decided on: Mar-22-2011
Arizona Christian School Tuition Organization v. Winn - 09-987 (2011) SYLLABUS OCTOBER TERM, 2010 ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION V.WINN SUPREME COURT OF THE UNITED STATES ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v . WINN et al. certiorari to the united states court of appeals for the ninth circuit No. 09987.Argued November 3, 2010Decided April 4, 2011 Respondents, Arizona taxpayers, sued petitioner Director of the State Department of Revenue, challenging Ariz. Rev. Stat. Ann. 431089 on Establishment Clause grounds. The Arizona law gives tax credits for contributions to school tuition organizations, or STOs, which then use the contributions to provide scholarships to students attending private schools, including religious schools. Petitioner Arizona Christian School Tuition Organization and others later intervened. The District Court dismissed the suit for failure to state a claim. Reversing, the Ninth Circuit held that respondents had standing as taxpayer...
Tolentino Vs. New York
Court: US Supreme Court
Decided on: Mar-22-2011
Tolentino v. New York - 09-11556 (2011) Tolentino v. New York - 09-11556 (2011) 563 U. S. ____ (2011) 563 U. S. ____ (2011) 563 U. S. ____ (2011) SUPREME COURT OF THE UNITED STATES NO. 09-11556 JOSE TOLENTINO, PETITIONER v. NEW YORK on writ of certiorari to the court of appeals of new york [March 29, 2011] Per Curiam. The writ of certiorari is dismissed as improvidently granted. It is so ordered. ...
Felkner Vs. Jackson
Court: US Supreme Court
Decided on: Mar-21-2011
Felkner v. Jackson - 10-797 (2011) Felkner v. Jackson - 10-797 (2011) PER CURIAM FELKNER V. JACKSON 562 U. S. ____ (2011) SUPREME COURT OF THE UNITED STATES T. FELKNER v. STEVEN FRANK JACKSON on petition for writ of certiorari to the unitedstates court of appeals for the ninth circuit No. 10797.Decided March 21, 2011 Per Curiam. A California jury convicted respondent Steven Frank Jackson of numerous sexual offenses stemming from his attack on a 72-year-old woman who lived in his apartment complex. Jackson raised a Batson claim, asserting that the prosecutor exercised peremptory challenges to exclude black prospective jurors on the basis of their race. See Batson v. Kentucky , 476 U. S. 79 (1986). Two of three black jurors had been struck; the third served on the jury. App. to Pet. for Cert. 4950. Jacksons counsel did not object when the prosecutor struck the first of the black jurors, Juror S. Counsel later explained that he did not make a motion at that ...
Astra Usa, Inc. Vs. Santa Clara County
Court: US Supreme Court
Decided on: Mar-21-2011
Astra USA, Inc. v. Santa Clara County - 09-1273 (2011) SYLLABUS OCTOBER TERM, 2010 ASTRA USA, INC. V. SANTA CLARA COUNTY SUPREME COURT OF THE UNITED STATES ASTRA USA, INC., et al. v . SANTA CLARA COUNTY, CALIFORNIA certiorari to the united states court of appeals for the ninth circuit No. 091273.Argued January 19, 2011Decided March 29, 2011 Section 340B of the Public Health Services Act imposes ceilings on prices drug manufacturers may charge for medications sold to specified health care facilities (340B or covered entities), dominantly, local providers of medical care for the poor. The 340B ceiling-price program (340B Program) is superintended by the Health Resources and Services Administration (HRSA), part of the Department of Health and Human Services (HHS). It is tied to the earlier-enacted, much larger Medicaid Drug Rebate Program, under which manufacturers gain Medicaid coverage for their drugs. To qualify for participation in this program, a manufacturer must enter in...
Kasten Vs. Saint-gobaIn Performance Plastics Corp.
Court: US Supreme Court
Decided on: Mar-07-2011
Kasten v. Saint-Gobain Performance Plastics Corp. - 09-834 (2011) SYLLABUS OCTOBER TERM, 2010 KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORP. SUPREME COURT OF THE UNITED STATES KASTEN v . SAINT-GOBAIN PERFORMANCEPLASTICS CORP. certiorari to the united states court of appeals for the seventh circuit No. 09834.Argued October 13, 2010Decided March 22, 2011 Petitioner Kasten brought an antiretaliation suit against his former employer, respondent (Saint-Gobain), under the Fair Labor Standards Act of 1938 (Act), which provides minimum wage, maximum hour, and overtime pay rules; and which forbids employers to discharge any employee because such employee has filed any complaint alleging a violation of the Act, 29 U. S. C. 215(a)(3). In a related suit, the District Court found that Saint-Gobain violated the Act by placing timeclocks in a location that prevented workers from receiving credit for the time they spent donning and doffing work-related protective gear. In this suit Kast...
Milner Vs. Department of Navy
Court: US Supreme Court
Decided on: Mar-07-2011
Milner v. Department of Navy - 09-1163 (2011) SYLLABUS OCTOBER TERM, 2010 MILNER V. DEPARTMENT OF NAVY SUPREME COURT OF THE UNITED STATES MILNER v . DEPARTMENT OF THE NAVY certiorari to the united states court of appeals for the ninth circuit No. 091163.Argued December 1, 2010Decided March 7, 2011 The Freedom of Information Act (FOIA) requires federal agencies to make Government records available to the public, subject to nine exemptions. This case concerns Exemption 2, which protects from disclosure material related solely to the internal personnel rules and practices of an agency. 5 U. S. C.552(b)(2). This provision replaced an Administrative Procedure Act (APA) exemption for any matter relating solely to the internal management of an agency, 5 U. S. C. 1002 (1964 ed.). Congress believed that the sweep of the phrase internal management had led to excessive withholding, and drafted Exemption 2 to have a narrower reach. Department of Air Force v. Rose , 425 U. S. 352 ,...
Wall Vs. Kholi
Court: US Supreme Court
Decided on: Mar-07-2011
Wall v. Kholi - 09-868 (2011) SYLLABUS OCTOBER TERM, 2010 WALL V. KHOLI SUPREME COURT OF THE UNITED STATES WALL, DIRECTOR, RHODE ISLAND DEPARTMENT OF CORRECTIONS v . KHOLI certiorari to the united states court of appeals for the first circuit No. 09868.Argued November 29, 2010Decided March 7, 2011 Respondent was convicted in Rhode Island Superior Court on 10 counts of first-degree sexual assault and sentenced to consecutive life terms. His conviction became final on direct review on May 29, 1996. In addition to his direct appeal, he filed two relevant state motions. One, a May 16, 1996, motion to reduce his sentence under Rhode Island Superior Court Rule of Criminal Procedure 35, was denied. The State Supreme Court affirmed on January 16, 1998. The second, a state postconviction relief motion, was also denied. That decision was affirmed on December 14, 2006. When respondent filed his federal habeas petition, his conviction had been final for over 11 years. The Antiterrorism ...
Pepper Vs. United States
Court: US Supreme Court
Decided on: Mar-02-2011
Pepper v. United States - 09-6822 (2011) SYLLABUS OCTOBER TERM, 2010 PEPPER V. UNITED STATES SUPREME COURT OF THE UNITED STATES PEPPER v . UNITED STATES certiorari to the united states court of appeals for the eighth circuit No. 096822.Argued December 6, 2010Decided March 2, 2011 After pleading guilty to drug charges, petitioner Pepper was sentenced under the Federal Sentencing Guidelines to 24 months imprisonment, a nearly 75 percent downward departure from the low end of the Guidelines range based in part on his substantial assistance, followed by five years of supervised release. In Pepper I, t he Eighth Circuit reversed and remanded for resentencing in light of, inter alia , United States v. Booker , 543 U. S. 220 . Pepper, who had begun serving his supervised release, testified at his resentencing hearing that he was no longer a drug addict, having completed a 500-hour drug treatment program while in prison; that he was enrolled in community college and had achi...
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