Supreme Court Docket



Oct | Nov | Dec | Jan | Feb | Mar | Apr | Sept 2003 | Unscheduled

Unscheduled


October 2003 Term


Hernan O'Ryan Castro v. United States
No. 02-6683

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Question:
  1. When a U.S. District Court re-characterizes a pro-se federal prisoner's first post conviction motion as a habeas petition under 28 U.S.C. § 2255, does such re-characterization make the prisoner's subsequent attempt to file a § 2255 petition a "second or successive petition" within the purview of the Antiterrorism and Effective Death Penalty Act (AEDPA)?

  2. Does this Court have jurisdiction to review the Eleventh Circuit's decision affirming the dismissal of a § 2255 petition for writ of habeas corpus as second or successive?
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John M. Lamie v. United States Trustee
No. 02-693

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Linda Frew, et al. v. Albert Hawkins, Commissioner, Texas Health and Human Servs. Commission, et al.
No. 02-628

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Question:
  1. Do State officials waive Eleventh Amendment immunity by urging the district court to adopt a consent decree when the decree is based on federal law and specifically provides for the district court's ongoing supervision of the officials' decree compliance?

  2. Does the Eleventh Amendment bar a district court from enforcing a consent decree entered into by State officials unless the plaintiffs show that the "decree violation is also a violation of a federal right" remediable under [42 U.S.C.] § 1983?
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Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP
No. 02-682

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John J. Fellers v. United States
No. 02-6320

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Question:
  1. Did the 8th Circuit err when it concluded that Feller's Sixth Amendment right to counsel under Massiah v. United States, 377 U.S. 201 (1964), was not violated because he was not interrogated by government agents when the proper standard under Supreme Court precedent is whether the the government agents deliberately elicited information from him?

  2. Should second statements, preceded by Miranda warnings, have been suppressed as fruits of an illegal post-indictment interview without the presence of counsel, under this Court's decisions in Nix v. Williams, 467 U.S. 431 (1984), and Brown v. Illinois, 422 U.S. 590 (1975)?
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Jeff Groh v. Joseph R. Ramirez, et al.
No. 02-811

Subject:

Question:
  1. Whether the Ninth Circuit properly ruled that a law enforcement officer violated clearly established law, and thus was personally liable in damages and not entitled to qualified immunity, when at the time he acted there was no decision by the Supreme Court or any other court so holding, and the only lower court decisions addressing the issue had found the same conduct did not violate the law.

  2. Whether law enforcement officers violate the particularity requirement of the 4th Amendment when they execute a search warrant already approved by a magistrate judge, based on an attached application and affidavit properly describing with particularity the items to be searched and seized, but the warrant itself does not include the same level of detail.
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Alaska Department of Environmental Conservation v. Environmental Protection Agency, et al.
No. 02-658

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Jo Anne B. Barnhart, Commissioner, Social Sec. Admin. v. Pauline Thomas
No. 02-763

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United States v. Lashawn Lowell Banks
No. 02-473

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Raytheon Company, et al. v. Joel Hernandez
No. 02-749

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Maryland v. Joseph Jermaine Pringle
No. 02-809

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State of Arizona v. Rodney J. Gant
No. 02-1019

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United States v. Samuel F. Patane
No. 02-1183

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General Dynamics Land Systems, Inc. v. Dennis Cline, et al.
No. 02-1080

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United States Securities and Exchange Commission v. Charles E. Edwards
No. 02-1196

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Delma Banks, Jr. v.Janie Cockrell, Director, Texas Dept. Criminal Justice
No. 02-8286

Subject:

Question:
  1. Did the 5th Circuit err in rejecting Banks' claim under Brady v. Maryland, 373 U.S. 83 (1963), that the prosecution suppressed material witness impeachment evidence that prejudiced him in the penalty phase of his trial, on the grounds that: (a) the evidence supporting the claim was procedurally defaulted, notwithstanding the fact that there was no reasonable basis for concluding that counsel for Banks could have discovered the suppressed evidence prior to or during that trial or state post-conviction proceedings; and (b) the suppressed evidence was immaterial to Banks' death sentence, where the panel neglected to consider that the trial prosecutors viewed the evidence to be of "utmost importance" to showing a capital sentence was appropriate?

  2. Did the 5th Circuit act contrary to Strickland v. Washington, 466 U.S. 668 (1984) and Williams v. Taylor, 529 U.S. 362 (2000), when it weighed each item of mitigating evidence separately and concluded that no single category would have brought a different result at sentencing without weighing the impact of the evidence collectively?

  3. Did the 5th Circuit act contrary to Harris v. Nelsen, 394 U.S. 286 (1969) and Withrow v. Williams, 507 U.S. 680 (1993) in holding that Fed. R. Civ. P. 15(b) does not apply to habeas proceedings because "evidentiary hearings" in those proceedings are not similar to civil trials?
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Andrew J. Kontrick v. Robert A. Ryan
No. 02-819

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Office of Independent Counsel v. Allan J. Favish
No. 02-954

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State of Illinois v. Robert S. Lidster
No. 02-1060

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Edith Jones, et al., etc. v. R. R. Donnelley & Sons Co.
No. 02-1205

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Gary Locke, Governor of Washington, et al. v. Joshua Davey
No. 02-1315

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State of Missouri v. Patrice Seibert
No. 02-1371

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United States Postal Service v. Flamingo Industries (USA) Ltd., et al.
No. 02-1290

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George H. Baldwin v. Michael Reese
No. 02-964

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Olympic Airways v. Rubina Husain, etc., et al.
No. 02-1348

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Engine Manufacturers Association, et al. v. South Coast Air Quality Management District, et al.
No. 02-1343

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Michael D. Crawford v. State of Washington
No. 02-9410

Subject:

Question:
  1. Whether the Confrontation Clause of the 6th Amendment permits the admission against a criminal defendant of a custodial statement by a potential accomplice on the ground that parts of the statement "interlock" with the defendant's custodial statement.

  2. Whether the Confrontation Clause framework established in Ohio v. Roberts, 448 U.S. 56 (1980) should be reevaluated and read to unequivocally prohibit the admission of out-of-court statements insofar as they are contained in "testimonial" materials, such as tape-recorded custodial statements.
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Lee M. Till, et ux. v. SCS Credit Corporation
No. 02-1016

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Question:
  1. Is an undersecured creditor entitled to the "indubitable equivalent" of its nonbankruptcy entitlement for purposes of discounting deferred payments to present value under the Chapter 13 cramdown provision at 11 U.S.C. § 1325(a)(5)(B)(ii), resulting in fixing of a subprime lender's 21% contract rate as the presumptive discount rate?

  2. What is the proper method for discounting of deferred payments to present value on property retained by the debtor under the Chapter 13 cramdown provision, and what is the creditor entitled to be compensated for in calculating the appropriate discount rate of interest?
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Shakur Muhammad v. Mark Close
No. 02-9065

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Question:
  1. Whether a plaintiff who wishes to bring a [42 U.S.C.] Section 1983 suit challenging only the conditions, rather than the fact or duration, of his confinement, must satisfy the favorable termination requirement of Heck v. Humphrey.

  2. Whether a prison inmate who has been, but is no longer, in administrative segregation may bring a Section 1983 suit challenging the conditions of his confinement (i.e. his prior placement in administrative segregation) without first satisfying the favorable termination requirement of Heck v. Humphrey.
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United States v. Abel C. Galletti, et al.
No. 02-1389

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Jeremiah W. (Jay) Nixon, Attorney General of Missouri v. Missouri Municipal League, et al.
02-1238

Federal Communications Commission and United States v. Missouri Municipal League, et al.
02-1386

Southwestern Bell Telephone, L.P., fka Southwestern Bell Telephone Company v. Missouri Municipal League, et al.
02-1405

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State of Tennessee v. George Lane, et al.
No. 02-1667

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Richard Vieth, et al. v. Robert C. Jubelirer, President of the Pennsylvania Senate, et al.
No. 02-1580

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Raymond B. Yates, M.D., etc. v. William T. Henton, Trustee
No. 02-458

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Household Credit Services v. Sharon R. Pfennig
No. 02-857

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Buck Doe, et al. v. Elaine L. Chao, U.S. Secretary of Labor
No. 02-1377

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South Florida Water Management District v. Miccosukee Tribe of Indians, et al.
No. 02-626

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Oct | Nov | Dec | Jan | Feb | Mar | Apr | Sept 2003 | Unscheduled

 

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