Supreme Court - Sliplists, 543 U. S., Part 2

543 U. S., Part 2

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

R014; No. 04-104; 1/12/05. The Sixth Amendment as construed in Blakely v. Washington, 542 U. S. ___, applies to the Federal Sentencing Guidelines; the Sentencing Reform Act of 1984 provision making those Guidelines mandatory, 18 U. S. C. §3553(b)(1), must be severed and excised from the Act, as must §3742(e), which depends upon the Guidelines' mandatory nature.

Jama v. Immigration and Customs Enforcement, 543 U. S. ___ (2005)

R015; No. 03-674; 1/12/05. Title 8 U. S. C. §1231(b)(2)(E)(iv) permits an alien to be removed to a country without the advance consent of that country's government.

Clark v. Martinez, 543 U. S. ___ (2005)

R016; No. 03-878; 1/12/05. Under 8 U. S. C. §1231(a)(6), the Secretary of Homeland Security may detain inadmissible aliens beyond a statutory 90-day removal period, but only so long as is reasonably necessary to achieve removal; because both aliens here were detained well beyond the presumptive time allotted to remove them and their removal to Cuba is not reasonably foreseeable, their habeas petitions should have been granted.

Illinois v. Caballes, 543 U. S. ___ (2005)

R017; No. 03-923; 1/24/05. A sniff by a narcotics-detection dog that is conducted by the police during a concededly lawful traffic stop does not violate the Fourth Amendment where the sniff reveals no information other than the location of a substance that no individual has any right to possess.

Commissioner v. Banks, 543 U. S. ___ (2005)

R018; No. 03-892; 1/24/05. When a litigant's recovery constitutes income, the litigant's gross income for federal income tax purposes includes the portion of the recovery paid to the attorney as a contingent fee.

Howell v. Mississippi, 543 U. S. ___ (2005) (per curiam)

R019; No. 03-9560; 1/24/05. The writ of certiorari is dismissed as improvidently granted because petitioner did not raise his claim in the Mississippi Supreme Court that that State's courts violated his Eighth and Fourteenth Amendment rights by refusing to require a jury instruction about a lesser-included offense in his capital case.

Bell v. Cone, 543 U. S. ___ (2005) (per curiam)

R020; No. 04-394; 1/24/05. The Sixth Circuit erred in granting respondent habeas relief because, in finding that the statutory aggravating circumstance found by the jury at sentencing was unconstitutionally vague and that the Tennessee Supreme Court failed to cure this vagueness on direct appeal, the Sixth Circuit failed to accord the state court the deference required by 28 U. S. C. §2254(d).

Smith v. Massachusetts, 543 U. S. ___ (2005)

R021; No. 03-8661; 2/22/05. Once the defense went forward with its case, the Double Jeopardy Clause forbade the judge to reconsider her midtrial decision to acquit petitioner of one of the charges.

Stewart v. Dutra Constr. Co., 543 U. S. ___ (2005)

R022; No. 03-814; 2/22/05. A dredge is a "vessel" under the Longshore and Harbor Workers' Compensation Act.

Johnson v. California, 543 U. S. ___ (2005)

R023; No. 03-636; 2/23/05. Strict scrutiny is the proper standard of review for an equal protection challenge to the California Department of Corrections' unwritten policy of racially segregating male prisoners in double cells for up to 60 days each time they enter a new correctional facility.

Roper v. Simmons, 543 U. S. ___ (2005)

R024; No. 03-633; 3/01/05. The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.

Cherokee Nation of Okla. v. Leavitt, 543 U. S. ___ (2005)

R025; No. 04-1472; 3/01/05. The Federal Government's promises to pay certain "contract support costs," 25 U. S. C. §450j-1(a)(2), incurred by these Indian Tribes, are legally binding.

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Last Updated: March 1, 2005
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