Archive for May, 2004

YARBOROUGH, WARDEN v. ALVARADO, MICHAEL. Decided 06/01/2004

Monday, May 31st, 2004
(1) Whether, in applying the objective test for a "custody" determination under Miranda v. Arizona, 384 U.S. 436 (1966), a court must consider the age and experience of a person if he or she is a juvenile? (2) Whether a state court adjudication can be deemed an "objectively unreasonable" application of clearly established Supreme Court precedent, for the purposes of 28 U.S.C. § 2254(d), because it declines to "extend" the rule of a Supreme Court precedent to a new context.

THORNTON, MARCUS v. UNITED STATES. Decided 05/24/2004

Sunday, May 23rd, 2004
Whether New York v. Belton, 453 U.S. 454 (1981), which established a bright-line rule authorizing a search of a car's passenger compartment incident to a contemporaneous lawful arrest of an occupant therein, also authorizes a warrantless search of a car when the arrestee was not in the car when the police initiated contact with him or within reaching distance of the car at the time of the arrest?

NELSON, DAVID L. v. CAMPBELL, COMM’R, AL DOC, ET AL.. Decided 05/24/2004

Sunday, May 23rd, 2004
Whether a complaint brought under 42 U.S.C. Sec. 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. Sec. 2254?

TN STUDENT ASSISTANCE CORP. v. HOOD, PAMELA L.. Decided 05/17/2004

Sunday, May 16th, 2004

TENNESSEE v. LANE, GEORGE, ET AL.. Decided 05/17/2004

Sunday, May 16th, 2004
Whether Title II of the Americans with Disabilitites Act of 1990 is a proper exercise of Congress' power under Section 5 of the 14th Amendment and thus validly abrogates state sovereign immunity?

TILL, LEE M., ET UX. v. SCS CREDIT CORP.. Decided 05/17/2004

Sunday, May 16th, 2004

GRUPO DATAFLUX v. ATLAS GLOBAL GROUP, ET AL.. Decided 05/17/2004

Sunday, May 16th, 2004
(1) Did the court of appeals err by creating a new exception to the longstanding rule that diversity jurisdiction must be determined based on a party's citizenship and circumstances as they existed at the time suit was filed? (2) Did the court of appeals err by allowing a unilateral change in a party's citizenship during the course of litigation to create diversity jurisdiction that did not exist at the time suit was filed?

SABRI, BASIM O. v. UNITED STATES. Decided 05/17/2004

Sunday, May 16th, 2004
Whether Sabri is entitled to dismissal of the indictment charging him with three counts of bribery, in violation of 18 U.S.C. 666(a)(2), on the ground that the statute is facially unconstitutional because Congress lacks the power to make bribery of a local official a federal crime without federal funds being at risk?

DRETKE, DIR., TX DCJ v. HALEY, MICHAEL W.. Decided 05/03/2004

Sunday, May 2nd, 2004
Whether the "actual innocence" exception to the procedural default rule concerning federal habeas corpus claims should apply to noncapital sentencing errors?

JONES, EDITH, ET AL., ETC. v. R. R. DONNELLEY & SONS CO.. Decided 05/03/2004

Sunday, May 2nd, 2004
Does the four-year catch-all limitations period of 28 U.S.C. §1658 apply to new causes of action created by public law 102-166, 105 Stat. 1071, the Civil Rights Act of 1991, which were codified at 42 U.S.C. §1981(a) and (b)?