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ATKINS V. VIRGINIA Petitioner Atkins was convicted of capital murder and related crimes by a Virginia jury and sentenced to death. Lynaugh, 492 U.S., in rejecting Atkins’ contention that he could not be sentenced to death because he is mentally retarded. Michigan, 501 U.S., 1000, the clearest and most reliable of which is the legislation enacted by the country’s legislatures, Penry, 492 U.S., at 331. supct.law.cornell.edu /supct/html/00-8452.ZS.html   (768 words)

RING V. ARIZONA Florida, 458 U.S. Citing accomplice testimony at the sentencing hearing, the judge found that Ring was the killer. Bullock, 474 U.S., in which the Court held there was no constitutional bar to an appellate court’s finding that a defendant killed, attempted to kill, or intended to kill, as Enmund, supra, required for imposition of the death penalty in felony-murder cases. In any event, the superiority of judicial factfinding in capital cases is far from evident, given that the great majority of States responded to this Court’s Eighth Amendment decisions requiring the presence of aggravating circumstances in capital cases by entrusting those determinations to the jury. www.law.cornell.edu /supct/html/01-488.ZS.html   (1470 words)

PO-536: U.S. International Reserve Position The Treasury Department today released U.S. reserve assets data for the week ending August 3, 2001. As indicated in this table, U.S. reserve assets totaled $66,276 as of August 3, up from $66,087 million as of July 27, 2001. Of which, issuer headquartered in the U.S. b. www.treas.gov /press/releases/po536.htm   (233 words)

No. 03-526: Schriro v. Summerlin - Amicus (Merits) Arizona, 536 U.S. 584, 609 (2002), this Court overruled Walton in part and held that the aggravating circumstances that make a defendant eligible for the death penalty under Arizona law "operate as 'the functional equivalent of an element of a greater offense,'" which, under the Sixth Amendment, must be found by a jury. United States, 523 U.S. Alternatively, the majority held that insofar as the new rule announced by Ring is a procedural rule, it falls within Teague's exception for "watershed rules" that "seriously enhance the accuracy of the proceeding" and "alter our understanding of bedrock procedural elements essential to the fairness of the proceeding." Pet. Arizona, 497 U.S. 639, 649 (1990), it had upheld "Arizona's sentencing scheme" as "compatible with the Sixth Amendment because the additional facts found by the judge qualified as sentencing considerations, not as 'element[s] of the offense of capital murder.'" 536 U.S. at 588 (quoting Walton, 497 U.S. at 649). www.usdoj.gov /osg/briefs/2003/3mer/1ami/2003-0526.mer.ami.html   (7992 words)

Louis K. Liggett Co. v. Lee, 288 U.S. 517 (1933) While [288 U.S. incidents of the operation of the one may be quite similar to those found in the other, there is a clear distinction between one owner operating many stores and many owners each operating his own store with a greater or less measure of cooperation voluntarily undertaken. Bennett, 284 U.S. Unequal treatment and arbitrary discrimination as between corporations and natural persons, or between different corporations, inconsistent with the declared object of the legislation, cannot be justified by the assumption that a different classification for a wholly different purpose might be valid. They present considerations that were not laid before us by counsel either in the briefs or in the oral argument, and a determination of their validity and weight may be reserved with propriety until the necessity emerges. www.usscplus.com /online/cases/288/2880517.htm   (12381 words)

Wrightslaw - Law Library - Caselaw - Zelman v. Simmons-Harris, et. al., 536 U. S. __ (2002) See Agostini, 521 U. S., at 229 ("Nor are we willing to conclude that the constitutionality of an aid program depends on the number of sectarian school students who happen to receive the otherwise neutral aid" (citing Mueller, 463 U. S., at 401)); see also Mitchell, 530 U. S., at 812, n. The fact that the Court's suspicion of divertibility reflected a concern with the substance of the no-aid principle is apparent in its rejection of stratagems invented to dodge it. Felton, 521 U. 203 (1997), clarified that the notions of evenhandedness neutrality and private choice in Mueller did not apply to cases involving direct aid to religious schools, which were still subject to the divertibility test. www.wrightslaw.com /law/caselaw/ussupct.zelman.harris.htm   (12005 words)

Estes v. Texas, 381 U.S. 532 (1965) The trial witnesses present at the hearing, as well as the original jury panel, were undoubtedly [381 U.S. made aware of the peculiar public importance of the case by the press and television coverage being provided and by the fact that they themselves were televised live, and their pictures rebroadcast on the evening show. Louisiana, 373 U.S. 723 (1963), this Court constructed a rule that the televising of a defendant in the act of confessing to a crime was inherently invalid under the Due Process Clause of the Fourteenth Amendment even without a showing of prejudice or a demonstration of the nexus between the televised confession and the trial. Dowd, 366 U.S. 717, we held that flamboyant pretrial publicity cast sufficient doubt on the impartiality of the jury to vitiate a conviction, even in the face of statements by all the jurors that they were not subject to its influence. www.usscplus.com /online/cases/381/3810532.htm   (15820 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code It is clear to us that on the facts of this case, which are strikingly similar to those present in Edwards v. Louisville, 362 U.S. We hold that Louisiana may not constitutionally punish appellant under this statute for engaging in the type of conduct which this record reveals, and also that the statute as authoritatively interpreted by the Louisiana Supreme Court is unconstitutionally broad in scope. The singing and cheering do not seem to us to differ significantly from the constitutionally protected activity of the demonstrators in Edwards, 11 who loudly sang "while stamping their feet and clapping their hands." Edwards v. caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=379&invol=536   (5935 words)

ZELMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF OHIO, et al. v. SIMMONS-HARRIS et al. Nyquist, 413 U. --a case that expressly reserved judgment on the sort of program challenged here--does not govern neutral educational assistance programs that offer aid directly to a broad class of individuals defined without regard to religion. Allen, 392 U. (1968), which upheld a New York law authorizing local school boards to lend textbooks in secular subjects to children attending religious schools, a result not self-evident from Everson's "general government services" rationale. Felton, 521 U. (1997), clarified that the notions of evenhandedness neutrality and private choice in Mueller did not apply to cases involving direct aid to religious schools, which were still subject to the divertibility test. caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=536&invol=639&friend=nytimes   (14925 words)

Footnotes   (Site not responding. Last check: 2007-10-26) Kelly, 534 U.S. [9] . A facial challenge to a law challenges the law as it is written and asserts that under no circumstances is the law constitutional. Gilleo, 512 U.S. 43, 51–53 (1994), underinclusiveness is not itself an independent means of invalidating a provision, but instead may be evidence of viewpoint or content discrimination and also may call into question the veracity or gravity of the government’s asserted interest in a speech restriction. Comm., 489 U.S. 214, 229 (1989) (holding that a ban on political parties’ endorsing candidates in primaries burdened their free speech and free association rights, as no compelling interest was shown); Cal. Democratic Party v. www-rcf.usc.edu /~usclrev/html_articles/077204/lawreview_footnotes.htm   (2641 words)

Table of contents for Briefs of leading cases in corrections Illinois, 391 U.S. It is unconstitutional for prosecutors in a death penalty case to remove "for cause" possible jurors merely because of conscientious scruples against or opposition to capital punishment. California, 512 U.S. California law concerning the circumstances of the crime, the defendant's history of violent crimes, and the age of the defendant are sufficiently clear and therefore are constitutional as sentencing factors in death penalty cases. Ohio, 332 U.S. Coerced confessions are not admissible as evidence in a juvenile proceeding. www.loc.gov /catdir/toc/ecip0517/2005024115.html   (5098 words)

HORN, COMMISSIONER, PENNSYLVANIA DEPART­ MENT OF CORRECTIONS, ET AL. v. BANKS 536 U.S. 266 -- US Supreme Court ... Maryland, 486 U. In subsequent state postconviction proceedings, the Pennsylvania Supreme Court rejected respondent's claim that the instructions to the jury and the verdict forms in his case suggested that the mitigating circumstance findings had to be unanimous. Lane, 489 U., because the State Supreme Court had not ruled on retroactivity, and it found the state court's application of federal law unreasonable under Mills and Boyde v. Bohlen, 510 U. (1994), in which we held that federal courts must address the Teague question when it is properly argued by the government. supreme.justia.com /us/536/266/case.html   (2223 words)

CRS Report: 98-536 - U.S. Merchandise Trade Statistics: 1948-2000 - NLE Also during this period, the U.S. merchandise trade balance moved from a surplus in 1948 to a deficit in 1971. This involves such changes as deducting U.S. military sales from merchandise accounts, since they are considered services transactions, and adding to merchandise statistics parcels mailed to foreigners by individuals in the United States. U.S. International Trade in Goods and Services, series FT-900, is the benchmark, official monthly press release which reports the latest month's statistics and revises the previous month's statistics. www.ncseonline.org /NLE/CRSreports/Economics/econ-54.cfm?&CFID=9417559&CFTOKEN=69372985   (1474 words)

Microsoft to pay Novell $536 million settlement | Tech News on ZDNet As a result of the settlement, Novell said that it has agreed to withdraw from the EU's antitrust case against Microsoft. In June, a federal appeals court unanimously approved a 2002 settlement reached between the U.S. Justice Department and Microsoft. Under terms of the CCIA deal, the organization said that it will no longer seek a Supreme Court review of Microsoft's antitrust settlement with the U.S. government, and pledged that it would not participate further as an intervenor on behalf of the EU in Microsoft’s appeal of the EU's ruling against it. news.zdnet.com /2100-3513_22-5442389.html   (1374 words)

U.S. v. Gregg O'Brien, 391 U.S. Thus, "a physical assault is not by any stretch of the imagination expressive conduct protected by the First Amendment." Wisconsin, 508 U.S. at 484; Terry, 101 F.3d at 1419 (quoting Wisconsin). Johnson, 390 U.S. 611, 616 (1968), the Court upheld a statute prohibiting picketing that obstructs or unreasonably interferes with ingress or egress to or from a courthouse. In Wisconsin, 508 U.S. at 487-488, the Court unanimously upheld a statute mandating a penalty-enhancement for crimes that are committed "because" of the race of the victim. www.usdoj.gov /crt/briefs/greggrep.htm   (5956 words)

536 U.S. ____ (2002) EARLS (01-332) 536 U.S. 242 F.3d 1264, reversed. Acton, 515 U.S. (1995), and continue to believe that case was wrongly decided. Because Vernonia is now this Court’s precedent, and because I agree that petitioners’ program fails even under the balancing approach adopted in that case, I join Justice Ginsburg’s dissent. www.law.cornell.edu /supct/html/01-332.ZD.html   (89 words)

Supreme Court - Case Citation Finder - 1984-2004 Terms (469-544 U. S.) Virginia, 536 U. Rush Prudential HMO, Inc. v. Regents of Univ. of Minn., 534 U. Bagley v. Alloyd Co., 513 U. In re Dow Jones and Co., 513 U. O'Connell v. www.supremecourtus.gov /opinions/casefinder/casefinder_1984-present.html   (4982 words)

Volume 536 - United States Supreme Court - Legal Research United States, 536 U.S. Watchtower Bible & Tract Soc. Virginia, 536 U.S. Rush Prudential HMO, Inc. v. Pelzer, 536 U.S. Republican Party of Minn. v. law.onecle.com /ussc/536   (85 words)

U.S. Pacific Command: An Official Military Website Sat, Jul. 28, 2007 USAID Administrator Natsios: Special Briefing: U.S. Relief Efforts for Tsunami-Affected Countries (January 10, 2004) HQ, U.S. Pacific Command Public Affairs, January 3, 2005 Briefer: Captain Rodger Welch, U.S. Navy (Audio Version) Speakers: William Garvelink, Senior Deputy Administrator U.S. Agency for International Development; Brigadier General John Allen, Principal Director Asia and Pacific Affairs, US Department of Defense www.pacom.mil /special/0412asia/index.shtml   (632 words)

536 Funding Information [OCLC - 5xx Introduction]   (Site not responding. Last check: 2007-10-26) The undifferentiated number associated with the material that identifies a project, task or work unit number. Sponsored by the U.S. Dept. of the Army Sponsored by the U.S. Dept. of the Navy www.oclc.org /bibformats/es/5xx/536.shtm   (195 words)

Microsoft to pay Novell $536 million - U.S. Business - MSNBC.com Novell and the trade group, the Computer and Communications Industry Association, agreed to pull out of the legal case against Microsoft in the European Union, which earlier this year declared Microsoft guilty of abusing its dominant position in the technology industry. Microsoft has spent more than $3 billion in cash, software vouchers and legal fees in recent years to settle antitrust and patent lawsuits. Novell said it accepted the $536 million from Microsoft to settle allegations over Microsoft’s actions toward its Netware operating system software, which competes with Microsoft’s dominant Windows software. www.msnbc.msn.com /id/6435103   (487 words)

NREL: Technology Transfer - Gene Coding for the E1 Endoglucanase - U.S. Patent 5,536,655 See the full U.S. Patent for this technology. NREL is looking for an organization to develop and commercialize this innovative technology. Please contact Richard Bolin at (303) 275-3028 for licensing, CRADA, and Work for Others opportunities. www.nrel.gov /technologytransfer/ip/data.php/patent/5536655   (125 words)

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