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Jun 13 2013 (FN)

United States Vs. Davila

Court : US Supreme Court

United States v. Davila NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. DAVILA certiorari to the united states court of appeals for the eleventh circuit No. 12167.Argued April 15, 2013Decided June 13, 2013 Federal Rule of Criminal Procedure 11 governs guilty pleas. Rule 11(c)(1) instructs that [t]he court must not participate in [plea] discussions, and Rule 11(h) states that a variance from the requirements of th[e] rule is harmless error if it does not affect substantial rights. Rule 52(a), which covers trial court errors generally, similarly prescribes: Any error ... that does not affect substantial rights...

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Jun 13 2013 (FN)

Association for Molecular Pathology Vs. Myriad Genetics, Inc.

Court : US Supreme Court

Assoc. for Molecular Pathology v. Myriad Genetics, Inc. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus ASSOCIATION FOR MOLECULAR PATHOLOGY etal. v. MYRIAD GENETICS, INC., etal. certiorari to the united states court of appeals for the federal circuit No. 12398.Argued April 15, 2013Decided June 13, 2013 Each human gene is encoded as deoxyribonucleic acid (DNA), which takes the shape of a double helix. Each cross-bar in that helix consists of two chemically joined nucleotides. Sequences of DNA nucleotides contain the information necessary to create strings of amino acids used to build proteins in the body. The nucleotides that...

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Jun 10 2013 (FN)

Horne Vs. Department of Agriculture

Court : US Supreme Court

Horne v. Department of Agriculture NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus HORNE etal. v. DEPARTMENT OF AGRICULTURE certiorari to the united states court of appeals for the ninth circuit No. 12123.Argued March 20, 2013Decided June 10, 2013 The Agricultural Marketing Agreement Act of 1937 (AMAA), which was enacted to stabilize prices for agricultural commodities, regulates only handlers, i.e., processors, associations of producers, and others engaged in the handling of covered agricultural commodities, 7 U.S.C. 608c(1). Any handler that violates the Secretary of Agricultures marketing orders may be subject to civil an...

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Jun 10 2013 (FN)

Oxford Health Plans Llc Vs. Sutter

Court : US Supreme Court

Oxford Health Plans LLC v. Sutter NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus OXFORD HEALTH PLANS LLC v. SUTTER certiorari to the united states court of appeals for the third circuit No. 12135.Argued March 25, 2013Decided June 10, 2013 Respondent Sutter, a pediatrician, provided medical services to petitioner Oxford Health Plans insureds under a fee-for-services contract that required binding arbitration of contractual disputes. He nonetheless filed a proposed class action in New Jersey Superior Court, alleging that Oxford failed to fully and promptly pay him and other physicians with similar Oxford contracts. On Oxfords...

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Jun 10 2013 (FN)

Peugh Vs. United States

Court : US Supreme Court

Peugh v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus PEUGH v. UNITED STATES certiorari to the united states court of appeals for the seventh circuit No. 1262.Argued February 26, 2013Decided June 10, 2013 Petitioner Peugh was convicted of five counts of bank fraud for conduct that occurred in 1999 and 2000. At sentencing, he argued that the Ex Post Facto Clause required that he be sentenced under the 1998 version of the Federal Sentencing Guidelines in effect at the time of his offenses rather than under the 2009 version in effect at the time of sentencing. Under the 1998 Guidelines, Peughs sentencing range ...

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Jun 03 2013 (FN)

Hillman Vs. Maretta

Court : US Supreme Court

Hillman v. Maretta NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus HILLMAN v. MARETTA certiorari to the supreme court of virginia No. 111221.Argued April 22, 2013Decided June 3, 2013 The Federal Employees Group Life Insurance Act of 1954 (FEGLIA) establishes an insurance program for federal employees. FEGLIA permits an employee to name a beneficiary of life insurance proceeds, and specifies an order of precedence providing that an employees death benefits accrue first to that beneficiary ahead of other potential recipients. 5 U.S.C. 8705(a). A Virginia statute revokes a beneficiary designation in any contract that provides a...

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Jun 03 2013 (FN)

Maryland Vs. King

Court : US Supreme Court

Maryland v. King NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus MARYLAND v. KING certiorari to the court of appeals of maryland No. 12207.Argued February 26, 2013Decided June 3, 2013 After his 2009 arrest on first- and second-degree assault charges, respondent King was processed through a Wicomico County, Maryland, facility, where booking personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act). The swab was matched to an unsolved 2003 rape, and King was charged with that crime. He moved to suppress the DNA match, arguing that the Act violated the Fourth Amendment, but the Circuit ...

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Jun 03 2013 (FN)

Nevada Vs. Jackson

Court : US Supreme Court

Nevada v. Jackson SUPREME COURT OF THE UNITED STATES NEVADA, etal., PETITIONERS v. CALVIN ONEIL JACKSON on petition for writ of certiorari to the united states court of appeals for the ninth circuit No. 12694.Decided June 3, 2013     Per Curiam.     In this case, the Court of Appeals held that respondent, who was convicted of rape and other serious crimes, is en- titled to relief under the federal habeas statute because the Supreme Court of Nevada unreasonably applied clearly established Supreme Court precedent regarding a crim- inal defendants constitutional right to present a defense. At his trial, respondent unsuccessfully sought to introduce evidence for the purpose of showing that the rape victim previously reported that he had assaulted her but that the police had been unable to substantiate those allegations. The state supreme court held that this evidence was properly excluded, and no prior decision of this Court clearly establishe...

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May 28 2013 (FN)

Trevino Vs. Thaler

Court : US Supreme Court

Trevino v. Thaler NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus TREVINO v. THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION certiorari to the united states court of appeals for the fifth circuit No. 1110189.Argued February 25, 2013Decided May 28, 2013 In Martinez v. Ryan, 566 U.S. 1, ___, this Court held that a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance at trial if, in the [States] initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective. Martinez regarded a prison...

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May 28 2013 (FN)

McquiggIn Vs. Perkins

Court : US Supreme Court

McQuiggin v. Perkins NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus McQUIGGIN, WARDEN v. PERKINS certiorari to the united states court of appeals for the sixth circuit No. 12126.Argued February 25, 2013Decided May 28, 2013 Rodney Henderson was found stabbed to death after leaving a party in Flint, Michigan, with respondent Floyd Perkins and Damarr Jones. Perkins was charged with murder. Jones, the key prosecution witness, testified that Perkins alone committed the murder while Jones looked on. Perkins, however, testified that Jones and Henderson left him during the evening, and that he later saw Jones with blood on his clot...

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