Archive for
May, 2002
Monday, May 27th, 2002
Respondent's claim that his counsel rendered ineffective assistance during his sentencing hearing was governed by Strickland v. Washington, 466 U. S. 668, and the Tennessee Court of Criminal Appeals' rejection of his claim neither was "contrary to" nor involved "an unreasonable application of clearly established Federal law" under 28 U. S. C. §2254(d)(1).
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Monday, May 27th, 2002
Prosecution history estoppel may apply to any claim amendment made to satisfy the Patent Act's requirements, not just to amendments made to avoid the prior art, but estoppel need not bar suit against every equivalent to the amended claim element.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Monday, May 27th, 2002
State sovereign immunity bars the Federal Maritime Commission from adjudicating a private party's complaint against a nonconsenting State.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Monday, May 27th, 2002
Title 42 U. S. C. §406(b) does not displace contingent-fee agreements between Social Security benefits claimants and their counsel within the ceiling set forth in §406(b)(1)(A); instead it instructs courts to review for reasonableness fees yielded by those agreements.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 19th, 2002
Certiorari dismissed as improvidently granted.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 19th, 2002
A defective indictment does not deprive a court of jurisdiction; the omission from a federal indictment of a fact that enhances the statutory maximum sentence does not justify a court of appeals' vacating the enhanced sentence, even though the defendant did not object in the trial court.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 19th, 2002
Title 28 U. S. C. §1331 provides a basis for federal-court jurisdiction over a telecommunication carrier's claim that a state public utility commission's order requiring reciprocal compensation for telephone calls to Internet service providers is pre-empted by federal law; the doctrine of Ex parte Young, 209 U. S. 123, permits the suit to go forward against the state commissioners in their official capacities.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 19th, 2002
Under Argersinger v. Hamlin, 407 U. S. 25, 40, a suspended sentence that may "end up in the actual deprivation of a person's liberty" may not be imposed unless the defendant was accorded "the guiding hand of counsel" in the prosecution for the crime charged.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 12th, 2002
A State waives its Eleventh Amendment immunity when it removes a case from state court to federal court.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off
Sunday, May 12th, 2002
The Ninth Circuit's judgment striking down a Los Angeles ordinance banning multiple-use adult entertainment establishments under Renton v. Playtime Theatres, Inc., 475 U. S. 41, is reversed, and the case is
remanded.
Posted in Us Supreme Court RSS Feed, VA Lawyers Weekly rss feeds | Comments Off