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87 S. Ct. 1396 (1967) | Cited 34892 times
... MR. JUSTICE CLARK delivered the opinion of the Court. We are here concerned with the extent of the duty of a court-appointed appellate counsel to prosecute a first appeal from a criminal conviction, after that attorney has conscientiously determined that there is no merit to the indigent's appeal. ...
92 S. Ct. 594 (1972) | Cited 32383 times
... Petitioner, an inmate at the Illinois State Penitentiary, Menard, Illinois, commenced this action against the Governor of Illinois and other state officers and prison officials under the Civil Rights Act of 1871, 17 Stat. 13, 42 U. S. C. § 1983, and 28 U. S. C. § 1343 (3), seeking to recover ...
97 S. Ct. 285 (1976) | Cited 30666 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. Respondent J. W. Gamble, an inmate of the Texas Department of Corrections, was injured on November 9, 1973, while performing a prison work assignment. On February 11, 1974, he instituted this civil rights action under 42 U.S.C. § 1983, 1 ...
129 S.Ct. 1937 (2009) | Cited 26550 times
... Opinion of the Court 556 U. S. ____ (2009) Respondent Javaid Iqbal is a citizen of Pakistan and a Muslim. In the wake of the September 11, 2001, terrorist attacks he was arrested in the United States on criminal charges and detained by federal officials. Respondent claims he was deprived of ...
951 F.2d 1153 (1991) | Cited 21764 times
... REINHARDT, Circuit Judge: In 1983, Gilbert Martinez was tried in state court and convicted of numerous pizza parlor robberies. During the pretrial proceedings, the prosecution indicated that, should the defendant testify, it would seek to introduce as impeachment evidence the defendant's two prior ...
83 S. Ct. 1194 (1963) | Cited 20736 times
... Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE BRENNAN. Petitioner and a companion, Boblit, were found guilty of murder in the first degree and were sentenced to death, their convictions being affirmed by the Court of Appeals of Maryland. 220 Md. 454, 154 A. 2d 434. Their ...
91 S. Ct. 1999 (1971) | Cited 15886 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. The Fourth Amendment provides that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ." In Bell v. Hood, 327 U.S. 678 (1946), we ...
83 S. Ct. 227 (1962) | Cited 14949 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. Petitioner filed a complaint in the District Court alleging that, in exchange for petitioner's promise to care for and support her mother, petitioner's father had agreed not to make a will, thereby assuring petitioner of an intestate share ...
87 S. Ct. 824 (1967) | Cited 14656 times
... MR. JUSTICE BLACK delivered the opinion of the Court. Petitioners, Ruth Elizabeth Chapman and Thomas LeRoy Teale, were convicted in a California state court      upon a charge that they robbed, kidnaped, and murdered a bartender. She was sentenced to life imprisonment and he to death. At the time ...
111 S. Ct. 2546 (1991) | Cited 14008 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This is a case about federalism. It concerns the respect that federal courts owe the States and the States' procedural rules when reviewing the claims of state prisoners in federal habeas corpus. I A Buchanan County, Virginia, jury convicted ...
94 S. Ct. 1683 (1974) | Cited 14004 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari 1 in these cases to resolve whether the District Court correctly dismissed civil damage actions, brought under 42 U. S. C. § 1983, on the ground that these actions were, as a matter of law, against the State of ...
766 F.2d 841 (1985) | Cited 13903 times
... MODIFIED OPINION ERVIN, Circuit Judge: Appellant Garcia Jay Wright is an inmate at Maryland Penitentiary. He brought this action under 42 U.S.C. § 1983 against the warden, a correctional officer, and the chief medical officer of Maryland Penitentiary. Wright alleges that a variety of actions by ...
66 S. Ct. 154 (1945) | Cited 13295 times
... MR. CHIEF JUSTICE STONE delivered the opinion of the Court. The questions for decision are (1) whether, within the limitations of the due process clause of the Fourteenth Amendment, appellant, a Delaware corporation, has by its activities in the State of Washington rendered itself amenable to ...
96 S. Ct. 549 (1976) | Cited 12939 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. The question presented in this case is whether the Federal Magistrates Act, 28 U.S.C. § 631 et seq., permits a United States district court to refer all Social Security benefit cases to United States magistrates for preliminary review of ...
109 S. Ct. 2304 (1989) | Cited 12866 times
... JUSTICE WHITE delivered the opinion of the Court. This case presents the question whether a State, or an official of the State while acting in his or her official capacity, is a "person" within the meaning of Rev. Stat. § 1979, 42 U. S. C. § 1983. Petitioner Ray Will filed suit in Michigan ...
638 F.2d 947 (1981) | Cited 11251 times
... The United States appeals from a judgment dismissing its petition for forfeiture of 262 weapons. The district court held that it lacked jurisdiction because the United States Attorney General or his delegate failed to authorize the forfeiture action. The issues on appeal are: (1) whether the United ...
103 S. Ct. 2317 (1983) | Cited 10999 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Respondents Lance and Susan Gates were indicated for violation of state drug laws after police officers, executing a search warrant, discovered marihuana and other contraband in their automobile and home. Prior to trial the Gateses moved to ...
106 S. Ct. 366 (1985) | Cited 10797 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner William Lloyd Hill pleaded guilty in the Arkansas trial court to charges of first-degree murder and theft of property. More than two years later he sought federal habeas relief on the ground that his court-appointed attorney had ...
105 S. Ct. 3099 (1985) | Cited 10508 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question presented is whether 42 U. S. C. § 1988 allows attorney's fees to be recovered from a governmental entity when a plaintiff sues governmental employees only in their personal capacities and prevails. I On November 7, 1979, a ...
82 S. Ct. 1386 (1962) | Cited 10216 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. Petitioner challenges, from the standpoint of both power and discretion, the District Court's sua sponte dismissal of this diversity negligence action under circumstances that follow. The action, growing out of a collision between ...
106 S. Ct. 2639 (1986) | Cited 9589 times
... JUSTICE O'CONNOR delivered the opinion of the Court. We granted certiorari in this case to consider whether a federal habeas petitioner can show cause for a procedural default by establishing that competent defense counsel inadvertently      failed to raise the substantive claim of error rather ...
122 S.Ct. 992 (2002) | Cited 9471 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit This case presents the question whether a complaint in an employment discrimination lawsuit must contain specific facts establishing a prima facie case of discrimination under the framework ...
82 S. Ct. 917 (1962) | Cited 9392 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. Tried and convicted in a Federal District Court for an offense against the United States, petitioner applied for leave to appeal his conviction to the Court of Appeals in forma pauperis. His application was denied. The case presents this ...
512 U.S. 477 (1994) | Cited 9319 times
... JUSTICE SCALIA delivered the opinion of the Court. This case presents the question whether a state prisoner may challenge the constitutionality of his conviction in a suit for damages under 42 U.S.C. § 1983. I Petitioner Roy Heck was convicted in Indiana state court of voluntary manslaughter for ...
127 S.Ct. 1769 (2007) | Cited 9223 times
... 550 U. S. ____ (2007) We consider whether a law enforcement official can, consistent with the Fourth Amendment, attempt to stop a fleeing motorist from continuing his public-endangering flight by ramming the motorist's car from behind. Put another way: Can an officer take actions that place a ...
59 S. Ct. 206 (1938) | Cited 9201 times
... MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. The United Electrical and Radio Workers of America, affiliated with the Committee for Industrial Organization, filed a charge, on May 5, 1937, with the National Labor Relations Board that the Consolidated Edison Company of New York and ...
526 U.S. 838 (1999) | Cited 9054 times
... Opinion of the Court O'SULLIVAN v. BOERCKEL ____ U. S. ____ (1999) On Writ Of Certiorari To The United States Court Of Appeals For The Seventh Circuit Federal habeas relief is available to state prisoners only after they have exhausted their claims in state court. 28 U. S. C. §§2254(b)(1), (c) ...
111 S. Ct. 2321 (1991) | Cited 8363 times
... JUSTICE SCALIA delivered the opinion of the Court. This case presents the questions whether a prisoner claiming that conditions of confinement constitute cruel and unusual punishment must show a culpable state of mind on the part of prison officials and, if so, what state of mind is required. ...
108 S. Ct. 2379 (1988) | Cited 8218 times
... JUSTICE BRENNAN delivered the opinion of the Court. Pro se prisoners can file notices of appeal to the federal courts of appeals only by delivering them to prison authorities for forwarding to the appropriate district court. The question we decide in this case is whether under Federal Rule of ...
106 S. Ct. 1712 (1986) | Cited 7974 times
... JUSTICE POWELL delivered the opinion of the Court. This case requires us to re-examine that portion of Swain v. Alabama, 380 U.S. 202 (1965), concerning the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the State's use of peremptory ...
102 S. Ct. 1584 (1982) | Cited 7853 times
... JUSTICE O'CONNOR delivered the opinion of the Court. Rule 52(b) of the Federal Rules of Criminal Procedure permits a criminal conviction to be overturned on direct appeal for "plain error" in the jury instructions, even if the defendant      failed to object to the erroneous instructions before ...
83 S. Ct. 407 (1963) | Cited 7819 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. The petitioners were tried without a jury in the District Court for the Northern District of California under a two-count indictment for violation of the Federal Narcotics      Laws, 21 U. S. C. § 174. 1 They were acquitted under the first ...
93 S. Ct. 2041 (1973) | Cited 7809 times
... MR. JUSTICE STEWART delivered the opinion of the Court. It is well settled under the Fourth and Fourteenth Amendments that a search conducted without a warrant issued upon probable cause is " per se unreasonable . . . subject only to a few specifically established and well-delineated exceptions." ...
523 U.S. 614 (1998) | Cited 7572 times
... Opinion of the Court BOUSLEY v. UNITED STATES ____ U. S. ____ (1998) NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, ...
96 S. Ct. 598 (1976) | Cited 7561 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. The District Court for the Eastern District of Pennsylvania, after parallel trials of separate actions 1 filed      in 1970, entered an order in 1973 requiring petitioners "to submit to [the District] Court for its approval a ...
718 F.2d 198 (1983) | Cited 7500 times
... WIDENER, Circuit Judge: This case presents the question of what action a district court must take upon a magistrate's proposed findings and recommendations on a dispositive motion under 28 U.S.C. § 636(b)(1)(B) when there is no objection made to the magistrate's proposal. The plaintiff in this § ...
62 S. Ct. 457 (1942) | Cited 7397 times
... MR. JUSTICE MURPHY delivered the opinion of the Court. Petitioners, together with Anthony Horton and Louis Kaplan, were found guilty upon an indictment charging them with a conspiracy to defraud the United States, under § 37 of the Criminal Code (R. S. § 5440; 18 U. S. C. § 88). 1 Judgment was ...
510 U.S. 266 (1994) | Cited 7319 times
... CHIEF JUSTICE REHNQUIST announced the judgment of the Court and delivered an opinion, in which JUSTICE O'CONNOR, JUSTICE SCALIA, and JUSTICE GINSBURG joined. A warrant was issued for petitioner's arrest by Illinois authorities, and upon learning of it he surrendered and was released on bail. The ...
104 S. Ct. 3194 (1984) | Cited 7299 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in No. 82-1630 to decide whether a prison inmate has a reasonable expectation of privacy in his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches and seizures. We also ...
578 F.3d 203 (2009) | Cited 7288 times
... PRECEDENTIAL ARGUED MAY 20, 2009 BEFORE: FUENTES, JORDAN, and NYGAARD, Circuit Judges. OPINION OF THE COURT In this appeal we are asked to determine whether the Appellant, Barbara Fowler, was too late in filing her discrimination claims against her employer, UPMC Shadyside Hospital. Fowler ...
103 S. Ct. 3383 (1983) | Cited 7254 times
... JUSTICE WHITE delivered the opinion of the Court. We have two questions before us in this case: whether the District Court erred on the merits in rejecting the petition for habeas corpus filed by petitioner, and whether the Court of Appeals for the Fifth Circuit correctly denied a stay of ...
102 S. Ct. 1198 (1982) | Cited 7108 times
... JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part III-C. In this case we consider whether the exhaustion rule in 28 U. S. C. §§ 2254(b), (c) requires a federal district court to dismiss a petition for a writ of habeas corpus containing any claims that have not been exhausted ...
82 S. Ct. 993 (1962) | Cited 7035 times
... This is a civil antitrust suit by the Government challenging Diebold's acquisition of the assets of the Herring-Hall-Marvin Safe Company as being violative of § 7 of the Clayton Act. On motion of Diebold the District Court entered summary judgment against the Government on the ground that the ...
105 S. Ct. 1504 (1985) | Cited 6992 times
... JUSTICE WHITE delivered the opinion of the Court. In Pullman-Standard v. Swint, 456 U.S. 273 (1982), we held that a District Court's finding of discriminatory intent in an action brought under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq., is a ...
103 S. Ct. 927 (1983) | Cited 6921 times
... JUSTICE BRENNAN delivered the opinion of the Court. This case, commenced as a petition for an order to compel arbitration under § 4 of the United States Arbitration Act of 1925 (Arbitration Act or Act), 9 U. S. C. § 4, presents the question whether, in light of the policies of the Act and of our ...
95 S. Ct. 2197 (1975) | Cited 6877 times
... # T      MR. JUSTICE POWELL delivered the opinion of the Court. Petitioners, various organizations and individuals resident in the Rochester, N. Y., metropolitan area, brought this action in the District Court for the Western District of New York against the town of Penfield, an incorporated ...
101 S. Ct. 1908 (1981) | Cited 6728 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The respondent is an inmate at the Nebraska Penal and Correctional Complex who ordered by mail certain hobby materials valued at $23.50. The hobby materials were lost and respondent brought suit under 42 U. S. C. § 1983 to recover their value. ...
37 F.3d 1069 (1994) | Cited 6531 times
... Per Curiam: In this products liability case, we hold that the district court appropriately and fairly granted summary judgment for the defendants. The plaintiffs are the heirs of Marvin Joe Little and Charles Carter. Little and Carter were experienced welders working in the wingtank of a barge. At ...
252 F.3d 676 (2001) | Cited 6482 times
... PUBLISHED Argued: April 5, 2001 Affirmed in part and reversed in part by published opinion. Judge Williams wrote the opinion, in which Judge Michael and Judge Traxler joined. OPINION A North Carolina jury convicted John Hardy Rose of capital murder for the murder of Patricia Stewart. Following ...
125 S.Ct. 1807 (2005) | Cited 6318 times
... 544 U. S. ____ (2005) The federal Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a 1-year statute of limitations for filing a federal habeas corpus petition. 28 U. S. C. §2244(d)(1). That limitations period is tolled, however, while "a properly filed application for ...
520 U.S. 397 (1997) | Cited 6276 times
... On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit Respondent Jill Brown brought a claim for damages against petitioner Bryan County under Rev. Stat. Section(s) 1979, 42 U. S. C. Section(s) 1983. She alleged that a county police officer used excessive force in ...
58 S. Ct. 1019 (1938) | Cited 6019 times
... MR. JUSTICE BLACK delivered the opinion of the Court. Petitioner, while imprisoned in a federal penitentiary, was denied habeas corpus by the District Court. 1 Later,      that court granted petitioner a second hearing, prompted by "the peculiar circumstances surrounding the case and the desire ...
52 S. Ct. 180 (1932) | Cited 6008 times
... MR. JUSTICE SUTHERLAND delivered the opinion of the Court. The petitioner was charged with violating provisions of the Harrison Narcotic Act: c. 1, § 1, 38 Stat. 785, as amended by c. 18, § 1006, 40 Stat. 1057, 1131, (U. S. C., Title 26, § 692); 1 and c. 1, § 2, 38 Stat. 785, 786, as amended, (U. ...
963 F.2d 1258 (1992) | Cited 6006 times
... Order AND AMENDED OPINION CHOY, Circuit Judge: Appellant Michael Henry Ferdik appeals pro se the judgment of the District Court for the District of Arizona of November 5, 1990 dismissing his claim under 42 U.S.C. § 1983 after he violated a court order by failing to file a second amended complaint ...
532 U.S. 731 (2001) | Cited 5952 times
... 532 U. S. ____ (2001) On Writ Of Certiorari To The United States Court Of Appeals For The Third Circuit The Prison Litigation Reform Act of 1995 amended 42 U. S. C. §1997e(a), which now requires a prisoner to exhaust "such administrative remedies as are available" before suing over prison ...
97 S. Ct. 568 (1977) | Cited 5890 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Respondent Doyle sued petitioner Mt. Healthy Board of Education in the United States District Court for the Southern District of Ohio. Doyle claimed that the Board's refusal to renew his contract in 1971 violated his rights under the First ...
88 S. Ct. 1620 (1968) | Cited 5822 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This case presents the question, last considered in Delli Paoli v. United States, 352 U.S. 232, whether the conviction of a defendant at a joint trial should be set aside      although the jury was instructed that a co-defendant's confession ...
528 F.2d 309 (1975) | Cited 5724 times
... Robert Louis Roseboro, an inmate of the Central Prison in Raleigh, North Carolina, instituted this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief as well as damages for alleged violations of his constitutional rights. The district court granted the defendant's motion for ...
125 S.Ct. 1528 (2005) | Cited 5669 times
... 544 U. S. ____ (2005) We confront here the problem of a "mixed" petition for habeas corpus relief in which a state prisoner presents a federal court with a single petition containing some claims that have been exhausted in the state courts and some that have not. More precisely, we consider ...
507 F.3d 605 (2007) | Cited 5490 times
... SUBMITTED OCTOBER 17, 2007 Before EASTERBROOK, Chief Judge, and MANION and KANNE, Circuit Judges. Larry George, one of Wisconsin's prisoners, sued 24 persons who have had some role in his confinement-guards, wardens, nurses, members of the parole board, and more. His sprawling complaint charges ...
70 S. Ct. 652 (1950) | Cited 5227 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. This controversy questions the constitutional sufficiency of notice to beneficiaries on judicial settlement of accounts by the trustee of a common trust fund established under the New York Banking Law. The New York Court of Appeals considered ...
97 S. Ct. 1621 (1977) | Cited 5185 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The respondent, Gary Darrell Allison, an inmate of a North Carolina penitentiary, petitioned a Federal District Court for a writ of habeas corpus. The court dismissed his petition without a hearing, and the Court of Appeals reversed, ruling ...
44 S. Ct. 149 (1923) | Cited 5182 times
... MR. JUSTICE VAN DEVANTER delivered the opinion of the Court. This is a bill in equity to have a judgment of a circuit court in Indiana, which was affirmed by the Supreme Court of the State, declared null and void, and to obtain other relief dependent on that outcome. An effort to have the judgment ...
328 F.3d 1114 (2003) | Cited 5083 times
... FOR PUBLICATION Argued and Submitted March 27, 2003--San Francisco, California OPINION "Congress intended magistrates to play an integral and important role in the federal judicial system." Peretz v. United States, 501 U.S. 923, 928 (1991). We write to clarify the important role that magistrate ...
87 S. Ct. 1926 (1967) | Cited 5059 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. The question here is whether courtroom identifications of an accused at trial are to be excluded from evidence because the accused was exhibited to the witnesses before trial at a post-indictment lineup conducted for      identification ...
745 F.2d 1221 (1984) | Cited 5049 times
... BEFORE: SNEED, ALARCON, and NORRIS, Circuit Judges. ALARCON, Circuit Judge: This appeal involves a district court's dismissal of 41 actions filed by Harry Franklin, a prisoner pro se. To dispose of Franklin's appeal we must decide whether the district court erred by dismissing Franklin's in forma ...
923 F.2d 1391 (1991) | Cited 4905 times
... PREGERSON, Circuit Judge The Secretary of Health and Human Services denied Lavonne Baxter's application for disability insurance benefits. The district court affirmed the decision of the Secretary, and Baxter filed this timely appeal. We have jurisdiction under 28 U.S.C. § 1291 (1982). We reverse. ...
88 S. Ct. 1575 (1968) | Cited 4904 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. At issue in this case is the propriety of an award of summary judgment in favor of respondent Cities Service in a treble-damage antitrust action. The District Court held there was no genuine issue as to material facts between the parties and ...
109 S. Ct. 346 (1988) | Cited 4780 times
... JUSTICE STEVENS delivered the opinion of the Court. In Anders v. California, 386 U.S. 738 (1967), we gave a negative answer to this question: "May a State appellate court refuse to provide counsel to brief and argue an indigent criminal defendant's first appeal as of right on the basis of a ...
93 S. Ct. 375 (1972) | Cited 4751 times
... MR. JUSTICE POWELL delivered the opinion of the Court. In 1965, after a jury trial in a Tennessee court, respondent was convicted of rape and was sentenced to 20 years' imprisonment. The State's evidence consisted in part of testimony concerning a station-house identification of respondent by the ...
90 S. Ct. 1463 (1970) | Cited 4724 times
... MR. JUSTICE WHITE delivered the opinion of the Court. In 1959, petitioner was charged with kidnaping in violation of 18 U. S. C. § 1201 (a). 1 Since the indictment charged that the victim of the kidnaping was not liberated unharmed, petitioner faced a maximum penalty of death if the verdict of ...
88 S. Ct. 967 (1968) | Cited 4668 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. This case presents issues arising out of the petitioners' trial and conviction in the United States District Court for the Northern District of Illinois for the armed robbery of a federally insured savings and loan association. The evidence ...
108 S. Ct. 2541 (1988) | Cited 4657 times
... JUSTICE SCALIA delivered the opinion of the Court. Respondents settled their lawsuit against one of petitioner's predecessors as Secretary of Housing and Urban Development,      and were awarded attorney's fees after the court found that the position taken by the Secretary was not "substantially ...
96 S. Ct. 1848 (1976) | Cited 4571 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. This is a suit brought under §§ 1 and 2 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C. §§ 1-2. Petitioner has alleged that respondents are engaged in an unlawful conspiracy to restrain trade and commerce in the furnishing of medical ...
89 S. Ct. 2072 (1969) | Cited 4523 times
... MR. JUSTICE STEWART delivered the opinion of the Court. When at the behest of the defendant a criminal conviction has been set aside and a new trial ordered, to what extent does the Constitution limit the imposition of a harsher sentence after conviction upon retrial? That is the question ...
104 S. Ct. 1541 (1984) | Cited 4456 times
... JUSTICE POWELL delivered the opinion of the Court. Title 42 U. S. C. § 1988 (1976 ed., Supp. V) provides that in federal civil rights actions "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." The initial ...
109 S. Ct. 1060 (1989) | Cited 4449 times
... JUSTICE O'CONNOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Parts IV and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join. In Taylor v. Louisiana, 419 U.S. 522 (1975), this ...
103 S. Ct. 1660 (1983) | Cited 4374 times
... JUSTICE WHITE delivered the opinion of the Court. The issue here is whether respondent Lyons satisfied the prerequisites for seeking injunctive relief in the Federal District Court. I This case began on February 7, 1977, when respondent, Adolph Lyons, filed a complaint for damages, injunction, ...
84 S. Ct. 1509 (1964) | Cited 4362 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. This case presents questions concerning the constitutional requirements for obtaining a state search warrant. Two Houston police officers applied to a local Justice of the Peace for a warrant to search for narcotics in petitioner's home. In ...
91 S. Ct. 814 (1971) | Cited 4309 times
... Opinion of the Court by MR. JUSTICE MARSHALL, announced by MR. JUSTICE STEWART. The growing public concern about the quality of our natural environment has prompted Congress in recent years to enact legislation 1 designed to curb the accelerating destruction of our country's natural beauty. We ...
120 S.Ct. 746 (2000) | Cited 4274 times
... Opinion of the Court SMITH v. ROBBINS ____ U. S. ____ (2000) On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit Not infrequently, an attorney appointed to represent an indigent defendant on appeal concludes that an appeal would be frivolous and requests that the ...
127 S.Ct. 1091 (2007) | Cited 4142 times
... 549 U. S. ____ (2007) Petitioner filed suit under Rev. Stat. §1979, 42 U. S. C. §1983, seeking damages for an arrest that violated the Fourth Amendment. We decide whether his suit is timely. I. On January 17, 1994, John Handy was shot to death in the city of Chicago. Sometime around 8 p.m. two ...
103 S. Ct. 3308 (1983) | Cited 4139 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to consider whether defense counsel assigned to prosecute an appeal from a criminal conviction has a constitutional duty to raise every non-frivolous issue requested by the defendant. I In 1976, Richard Butts was ...
96 S. Ct. 3037 (1976) | Cited 4113 times
... MR. JUSTICE POWELL delivered the opinion of the Court. Respondents in these cases were convicted of criminal offenses in state courts, and their convictions were affirmed on appeal. The prosecution in each case relied upon evidence obtained by searches and seizures alleged by respondents to have ...
89 S. Ct. 2034 (1969) | Cited 4054 times
... MR. JUSTICE STEWART delivered the opinion of the Court. This case raises basic questions concerning the permissible scope under the Fourth Amendment of a search incident to a lawful arrest. The relevant facts are essentially undisputed. Late in the afternoon of September 13, 1965, three police ...
99 S. Ct. 421 (1978) | Cited 3998 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Petitioners were convicted of armed robbery in the Circuit Court of Kankakee County, Ill., and their convictions were affirmed on appeal. At their trial, the prosecution offered into evidence a sawed-off rifle and rifle shells that had been ...
102 S. Ct. 2744 (1982) | Cited 3992 times
... JUSTICE WHITE delivered the opinion of the Court. The Fourteenth Amendment of the Constitution provides in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the      United States; nor shall any State deprive any person of life, ...
58 S. Ct. 586 (1938) | Cited 3991 times
... MR. JUSTICE ROBERTS delivered the opinion of the Court. The decision under review is that, although, at the time of removal of a cause from a state court, the complaint disclosed an amount in controversy requisite to the federal court's jurisdiction, a subsequent amendment, reducing the sum ...
99 S. Ct. 1139 (1979) | Cited 3990 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. This case is a sequel to Edelman v. Jordan, 415 U.S. 651 (1974), which we decided five Terms ago. In Edelman we held that retroactive welfare benefits awarded by a Federal District Court to plaintiffs, by reason of wrongful denial of ...
100 S. Ct. 1870 (1980) | Cited 3942 times
... MR. JUSTICE STEWART announced the judgment of the Court and delivered an opinion, in which MR. JUSTICE REHNQUIST joined.+ The respondent was brought to trial in the United States District Court for the Eastern District of Michigan on a      charge of possessing heroin with intent to distribute ...
87 S. Ct. 1967 (1967) | Cited 3916 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This federal habeas corpus proceeding attacks collaterally a state criminal conviction for the same alleged constitutional errors in the admission of allegedly tainted identification evidence that were before us on direct review of the ...
178 F.3d 231 (1999) | Cited 3903 times
... PUBLISHED Argued: December 3, 1998 Affirmed in part, vacated in part, and remanded by published opinion. Judge Hamilton wrote the opinion, in which Judge Ervin and Chief Judge Hilton joined. OPINION Kenneth Edwards, a sergeant in the police department for the City of Goldsboro, North Carolina, ...
88 S. Ct. 1731 (1968) | Cited 3902 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. Appellant Marvin L. Pickering, a teacher in Township High School District 205, Will County, Illinois, was dismissed from his position by the appellee Board of Education for sending a letter to a local newspaper in connection with a recently ...
250 F.3d 668 (2001) | Cited 3882 times
... FOR PUBLICATION Argued and Submitted September 13, 2000--Pasadena, California Filed February 14, 2001 Opinion Withdrawn May 4, 2001 ORDER The mandate issued April 5, 2001, is hereby recalled. The Opinion filed February 14, 2001 is withdrawn. OPINION This case arises out of the wrongful ...
514 U.S. 419 (1995) | Cited 3832 times
... On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. After his first trial in 1984 ended in a hung jury, petitioner Curtis Lee Kyles was tried again, convicted of first-degree murder, and sentenced to death. On habeas review, we follow the established rule that the ...
106 S. Ct. 2464 (1986) | Cited 3813 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents three questions concerning the validity of petitioner's criminal conviction and death sentence: (i) whether the exclusion for cause of a member of the venire violated the principles announced in Wainwright v. Witt, 469 U.S. 412 ...
180 F.3d 1094 (1999) | Cited 3690 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding. Argued and Submitted April 16, 1999--Seattle, Washington OPINION PREGERSON, Circuit Judge: In 1993, Richard Tackett applied for Social ...
69 S. Ct. 1302 (1949) | Cited 3662 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. Brinegar was convicted of importing intoxicating liquor into Oklahoma from Missouri in violation of the federal statute which forbids such importation contrary to the laws of any state. 1 His conviction was based in      part on the use in ...
85 S. Ct. 223 (1964) | Cited 3646 times
... MR. JUSTICE STEWART delivered the opinion of the Court. On the afternoon of November 10, 1961, the petitioner, William Beck, was driving his automobile in the vicinity      of East 115th Street and Beulah Avenue in Cleveland, Ohio. Cleveland police officers accosted him, identified themselves, ...
96 S. Ct. 1155 (1976) | Cited 3645 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. We granted certiorari, 421 U.S. 909 (1975), in this case to consider whether respondent's charge that petitioners' defamation of him, standing alone and apart from any other governmental action with respect to him, stated a claim for relief ...