Supreme Court - Sliplists, 543 U. S., Part 1

543 U. S., Part 1

Leocal v. Ashcroft, 543 U. S. 1 (2004)

R001; No. 03-583; 11/09/04. State driving-under-the-influence offenses, such as Florida's, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence under 18 U. S. C. §16 and therefore are not aggravated felonies that can subject aliens to deportation under the Immigration and Nationality Act.

Norfolk Southern R. Co. v. James N. Kirby, Pty Ltd., 543 U. S. ___ (2004)

R002; No. 02-1028; 11/09/04. Federal maritime law governs the interpretation of two bills of lading arranging the intercontinental delivery of goods to the inland United States; petitioner railroad is entitled to be protected by those bills' liability limitations in an action for damages caused by a train wreck on the last, inland leg of the goods' journey.

Smith v. Texas, 543 U. S. ___ (2004) (per curiam)

R003; No. 04-5323; 11/15/04. The instruction given in the penalty phase of petitioner's capital murder trial-which allowed the jury to give effect to mitigation evidence only by negating what would otherwise be affirmative responses to two special issues relating to deliberateness and future dangerousness-was constitutionally inadequate under Penry v. Johnson, 532 U. S. 782.

Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U. S. ___ (2004)

R004; No. 03-377; 11/30/04. The 1995 amendment adding clause (a)(2)(A)(iii) to 15 U. S. C. §1640, the Truth in Lending Act's civil-liability provision, raised the statutory damages recoverable for TILA violations involving real-property-secured loans, but left unaltered the $100/$1,000 minimum and maximum recoveries previously prescribed for TILA violations involving personal-property loans.

San Diego v. Roe, 543 U. S. ___ (2004) (per curiam)

R005; No. 03-1669; 12/6/04. The city of San Diego did not violate respondent police officer's First and Fourteenth Amendment rights to freedom of speech when it terminated him for selling videotapes of himself engaging in sexually explicit acts while wearing a police uniform and for related activity.

Kansas v. Colorado, 543 U. S. ___ (2004)

R006; No. 105, Orig.; 12/7/04. Kansas' exceptions to the Special Master's Fourth Report are overruled, the Master's recommendations are accepted, and the case is recommitted to the Master for preparation of a decree.

KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U. S. ___ (2004)

R007; No. 03-409; 12/8/04. A party raising the statutory affirmative defense of fair use to a claim of trademark infringement does not have a burden to negate any likelihood that the practice complained of will confuse consumers about the origin of the goods or services affected.

Kowalski v. Tesmer, 543 U. S. ___ (2004)

R008; No. 03-407; 12/13/04. Respondent attorneys lack third-party standing to assert the rights of indigent defendants to challenge Michigan's procedure denying appointed appellate counsel to indigents pleading guilty or nolo contendere.

Devenpeck v. Alford, 543 U. S. ___ (2004)

R009; No. 03-710; 12/13/04. A warrantless arrest by a law officer is reasonable under the Fourth Amendment if, given the facts known to the officer, there is probable cause to believe that a crime has been or is being committed; it is not made unlawful by the fact that the offense establishing probable cause is not "closely related" to the offense stated by the arresting officer at the time of arrest.

Cooper Industries, Inc. v. Aviall Services, Inc., 543 U. S. ___ (2004)

R010; No. 02-1192; 12/13/04. A private party who has not been sued under §106 or §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 may not obtain contribution under §113(f)(1) of that Act from other liable parties.

Florida v. Nixon, 543 U. S. ___ (2004)

R011; No. 03-931; 12/13/04. Counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt in a capital trial does not automatically render counsel's performance constitutionally deficient; such counsel's effectiveness should be evaluated under the reasonableness standard prescribed in Strickland v. Washington, 466 U. S. 668.

Brosseau v. Haugen, 543 U. S. ___ (2004)

R012; No. 03-1261; 12/13/04. The Ninth Circuit erred in denying Officer Brosseau qualified immunity under Saucier v. Katz, 533 U. S. 194, 201-202, in Haugen's 42 U. S. C. §1983 civil action; at the time Brosseau shot Haugen while he was fleeing police in his vehicle, the pertinent cases did not "clearly establish" that Brosseau's conduct violated the Fourth Amendment.

Whitfield v. United States, 543 U. S. ___ (2005)

R013; No. 03-1293; 1/11/05. Conviction for conspiracy to commit money laundering, in violation of 18 U. S. C. §1956(h), does not require proof of an overt act in furtherance of the conspiracy.

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Last Updated: March 1, 2006
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