Notable Trials and Court Cases - 1995 to Present

Inc. v. Rhode Island Liquormart (44 ) - Significance, Justice O'connor's Four Part Test, Justice Stevens's Modified Central Hudson Test

44 Liquormart, Inc., et al. State of Rhode Island, et al. That a Rhode Island law prohibiting liquor retailers from advertising truthful information about liquor prices violated the liquor retailers' freedom of speech under the First Amendment. Evan T. Lawson Rebecca T. Partington Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Da…

Abrams v. Johnson - Significance, The 1990 Census And Georgia's Restricting Plan, Court Upholds Plan, Further Readings

Inc. v. Pena Adarand Constructors - Significance, Affirmative Action Standards Clarified, Further Readings

Adarand Constructors, Inc. Federico Pena, Secretary of Transportation That race-based presumptions in federal subcontractor programs violate equal protection under the law. William Perry Pendley Drew S. Days III, Solicitor General Anthony M. Kennedy, Sandra Day O'Connor (writing for the Court), William H. Rehnquist, Antonin Scalia, Clarence Thomas Stephen Breyer, Ruth Bader Ginsburg, David H. Sout…

Alex Kelly Rape Trials: 1996-97 - Arrested After Eight-year Vacation, Defense Claims Consent, The Jury's Verdict

Defendant Alex Kelly Crime Charged: Sexual assault, kidnapping (first trial only) Chief Defense Lawyers: Thomas P. Puccio, Hope Seeley Chief Prosecutor: Bruce P. Huddock Judges: First trial: Martin L. Nigro; Second trial: Kevin Tierney Place: Stamford, Connecticut Dates of Trials: October 15-November 12, 1996; April 9-June 12, 1997 Verdicts: First trial: Mistrial; Second trial: Guilty Sentence: 20…

Amadou Diallo/NYPD Trial: 2000 - Unarmed And Law Abiding, "every Police Officer's Nightmare", "gun! He's Got A Gun!"

Defendants: Kenneth Boss, Sean Carroll, Edward McMellon, and Richard Murphy Crime Charged: Murder Chief Defense Lawyers: Boss: Steven Brounstein and Ben Herzweig; Carroll: Bennett Epstein, Marvin Kornberg, and John Patten; McMellon: Stephen Worth; Murphy: James Culleton Chief Prosecutors: Robert T. Johnson, Donald Levin, and Eric Warner Judge: Joseph Teresi Place: Albany, New York Dates of Trial: …

Amchem Products v. Windsor - Significance, The Proper Question Of Class Certification, Breyer Urges Action, Further Readings

Amchem Products and 19 other companies George Windsor and other individuals Appellants desired to settle a large class-action suit with a number of individuals and families; respondents in this case were a group of persons involved in the suit who objected to the settlement under Rule 23 of the Federal Rules of Civil Procedure. Ruth Bader Ginsburg (writing for the Court), Anthony M. Kennedy, Willi…

American Civil Liberties Union v. Miller - Significance, Legal Action Created Politically Diverse Group Of Plaintiffs, Jurisdiction A Question Of Precedent, A Question Of First Amendment Rights

American Civil Liberties Union of Georgia (ACLU), The AIDS Survival Project, The Atlanta Free Thought Society, Atlanta Veterans Alliance, Community ConneXion, Electronic Frontier Foundation, Electronic Frontiers Georgia, Representative Mitchell Kaye, Ken Leebow, Bruce Mirken, Bonnie L. Nadri, Josh Riley, John Troyer, and Jonathan Wallace Zell Miller, Governor of Georgia, and Michael Bowers, Georgi…

American Libraries Association v. Pataki - Significance, Negative Commerce Clause Applies To Internet, Impact, Ralph Nader, Mayhem Manuals, Further Readings

American Libraries Association, et al. George Pataki, Governor of the State of New York, et al. That a New York law prohibiting the dissemination of obscene materials to children through a computer placed impermissible burdens on commerce between the states, and was thus unconstitutional. Jeanne Lahiff, Assistant Attorney General of the State of New York Michael K. Hertz Loretta A. Preska New York…

Arizona v. Evans - Significance, Tempting Arrest, The Exclusionary Rule, Reagan-era Reversal, The Decision, A Growing Movement To Rescind The Exclusionary Rule

State of Arizona Isaac Evans That a computer error in law-enforcement files did not result in an unlawful search, and that contraband obtained in that search may be admitted in court. Gerald Grant Carol Carrigan Stephen Breyer, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarence Thomas Ruth Bader Ginsburg, John Paul Steve…

Arkansas Educational Television Commission v. Forbes - Significance, The Events, Editorial Discretion, Or Government Censorship?, The Importance Of Public And Nonpublic Forums

Arkansas Educational Television Commission Ralph P. Forbes Arkansas Educational Television Commission excluded Ralph P. Forbes from participating in their television debate between major political party candidates as an exercise of editorial judgment because Forbes's status as an independent political candidate made him politically unviable and, therefore, not newsworthy. Richard D. Marks Kelly J.…

Baehr v. Miike - Same Sex Marriages, The Burden Of Proof Is On The State, Both Sides Marshal Their Experts

Ninia Baehr, Genora Dancel, Tammy Rodrigues, Antoinette Pregil, Pat Lagon, and Joseph Melillo Lawrence H. Miike, Director of Hawaii Department of Health That the use of a Hawaii statute to forbid marriages by partners of the same sex violated the Equal Protection Clause of the Hawaii Constitution. Daniel R. Foley Rick J. Eichor, Deputy Attorney General of Hawaii Kevin S. C. Chang, Judge of the Fir…

Bennis v. Michigan - Significance, Michigan Courts Disagree On Seizure Of Vehicle, Question Of Whether Constitutional Rights Violated, Petitioner Asserted Fifth Amendment Rights Violated

Tina B. Bennis State of Michigan That she should be allowed to contest the confiscation of the car she jointly owned with her husband because she did not know her husband would use the car to violate Michigan's indecency law. Stefan B. Herpel Larry L. Roberts, Richard H. Seamon Ruth Bader Ginsburg, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, Clarence Thomas S…

Inc. v. Gore BMW of North America - Significance, Three "indicums Of Excessiveness", Punitive Damages Running Wild

BMW of North America, Inc. Dr. Ira Gore, Jr. That a $2 million punitive damages award imposed on it by an Alabama jury was grossly excessive, and violated the company's rights to due process under the Fourteenth Amendment. Michael C. Quillen, Samuel M. Hill Andrew L. Frey, Evan M. Tager Stephen Breyer, Anthony M. Kennedy, Sandra Day O'Connor, David H. Souter, John Paul Stevens (writing for the Cou…

Wabaunsee County Board of County Commissioners Kansas v. Umbehr - Significance, The Court's Decision, Justices Scalia And Thomas Dissent, Impact, Further Readings

Board of County Commissioners, Wabaunsee County, Kansas Keen A. Umbehr Termination of his contract to perform services for the county after he criticized the conduct of county government officials violated his First Amendment free speech right. Donald Patterson Robert A. Van Kirk Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor (writing for the Court), William H. Rehnqu…

Brandon Teena Murder Trial: 1995 - The Rape And Murder, The Trials, Gender Issues

Defendants: John Lotter, Marvin Thomas Nissen Crimes Charged: Murder, kidnap, rape Chief Defense Lawyers: Lotter: Michael Fabian; Nissen: Peter Blakeslee Chief Prosecutor: James Elworth Judge: Robert Finn Place: Falls City, Nebraska Dates of Trials: Lotter: May 15-25, 1995; Nissen: February 21-March 3, 1995 Verdicts: Lotter: guilty of three counts of first-degree murder and four other charges; Nis…

Brief of Petitioners - Brief Of Petitioners, Table Of Contents, Questions Presented, Statutory And Constitutional Provisions, Statement Of The Case - In the Supreme Court of the United States, OPINIONS AND ORDERS BELOW, JURISDICTION

JOHN GEDDES LAWRENCE AND TYRON GARNER, PETITIONERS V. STATE OF TEXAS, RESPONDENT. ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF TEXAS FOURTEENTH DISTRICT The Texas Court of Criminal Appeals' orders refusing discretionary review are unreported. Pet. App. 1a, 2a. The decision of the en banc Court of Appeals for the Fourteenth District of Texas is reported at 41 S.W.3d 349. Pet. App. 4a. Th…

et al. v. Philip Morris Incorporated Broin et al. - Significance, Involuntary Smoking In Airline Cabins, A Landmark Settlement, Impact, Lawsuit Awards, Further Readings

Norma R. Broin, Major Mark L. Broin, and 60,000 airline flight attendants Philip Morris Inc. and 14 other United States tobacco companies That the United States tobacco companies through conspiracy and fraud withheld from the pubic critical information on the health hazards of secondhand cigarette smoke. Stanley and Susan Rosenblatt David L. Ross, Norman A. Coll, Robert L. Burlington, Edward A. Mo…

Bush v. Vera - Significance, Three Districts Challenged, A Difficult Decision, Impact, Further Readings

George W. Bush, Governor of Texas, et al. Al Vera, et al. The Texas state legislature created three new congressional districts with African American and Hispanic majorities to better reflect 1990 census demographics. Appellants claimed that these districts were narrowly tailored to satisfy the strict scrutiny requirement in the Equal Protection Clause of the Fourteenth Amendment. Javier Aguilar (…

Casey Martin Trial and Appeals: 1998-2001 - The Challenger, Walking The Course, The Next Rounds, Suggestions For Further Reading

Plaintiff: Casey Martin Defendants: Professional Golfers' Association (PGA) Tour Plaintiff Claim: Violation of the Americans with Disabilities Act (1990) by refusing to adapt tournament rules to accommodate his disability Chief Lawyers for Plaintiff: Trial: William Wiswall, Martha Walters; Supreme Court: Roy L. Reardon Chief Defense Lawyers: Trial: William Maledon; Supreme Court: H. Bartow …

Chamber of Commerce of the United States v. Reich - Significance, Authority To Review Executive Orders, Preemption Doctrine, Impact

Chamber of Commerce of the United States, et al. Robert B. Reich, U.S. Secretary of Labor That Executive Order No. 12,954, which prevents the U.S. government from contracting with employers who hire permanent replacement workers during a lawful strike, violates the National Labor Relations Act (NRLA) and the Procurement Act, and is unconstitutional. Timothy B. Dyk John A. Rogovin A. Raymond Randol…

Chandler v. Miller - Significance, Political Nominees Challenged Mandatory Drug Testing, State Cited Three Earlier Decisions Involving Drug Testing

Walker L. Chandler, et al. Zell D. Miller, Governor of Georgia That Georgia's requirement for a negative urinalysis to qualify for candidacy violated their constitutional rights under the First, Fourth, and Fourteenth Amendments. Walker L. Chandler Patricia Guilday Stephen Breyer, Ruth Bader Ginsburg (writing for the Court), Anthony M. Kennedy, Sandra Day O'Connor, Antonin Scalia, David H. Souter,…

Charles Chitat Ng Trial: 1998-99 - The Wilseyville Horror, Charles Ng Captured In Canada, Extradition Problems, Change Of Venue

Defendant: Charles Chitat Ng Crimes Charged: Murder, kidnapping, unlawful restraint Chief Defense Lawyers: Allyn Jaffrey, Carl C. Holmes, William Kelley Chief Prosecutor: Sharlene Honnaka Judges: Robert R. Fitzgerald, John J. Ryan Place: Santa Ana, California Date of Trial: October 26, 1998-February 24, 1999 Verdict: Guilty Sentence: Death SIGNIFICANCE: At stake was whether a truly monstrous crimi…

City of Boerne v. Flores - Significance, Court Limits Scope Of Congressional Power, Impact, Religious Freedom Restoration Act, Further Readings

City of Boerne, Texas Father P. F. Flores, Archbishop of San Antonio, and the United States That the Religious Freedom Restoration Act exceeded Congress' constitutional powers under the Fourteenth Amendment. Marci A. Hamilton Douglas Laycock and Walter Dellinger Ruth Bader Ginsburg, Anthony M. Kennedy (writing for the Court), William H. Rehnquist, Antonin Scalia, John Paul Stevens, Clarence Thomas…

Clinton v. City of New York - Significance, The Line Item Veto, Presentment Clause Violated, Old Power Under New Name?, Impact

President William J. Clinton and other government officials City of New York, Snake River Potato Growers, Inc., et al. That the Line Item Veto Act of 1996 delegating increased law making powers to the president by Congress was constitutional. Seth P. Waxman, U.S. Solicitor General Charles Cooper, Louis Cohen Ruth Bader Ginsburg, Anthony M. Kennedy, William H. Rehnquist, David H. Souter, John Paul …

Clinton v. Jones - Significance, Court Rejects Immunity Claim, Should Civil Suits Against The President Be Stalled Until He Is Out Of Office?

Colin Ferguson Trial: 1995

Defendant: Colin Ferguson Crimes Charged: Murder, attempted murder Chief Defense Lawyers: Colin Ferguson, Alton Rose Chief Prosecutor: George Peck Judge: Donald Belfi Place: Mineola, New York Date of Trial: January 26-February 17, 1995 Verdict: Guilty on 68 of 93 counts, including murder, attempted murder, assault, reckless endangerment, weapons possession Sentence: 6 consecutive 25-years-to-life …

County of Sacramento v. Lewis - Significance, Further Readings

County of Sacramento, et al. Teri Lewis and Thomas Lewis, representing the estate of Philip Lewis Motorcycle passenger Philip Lewis' due process rights were violated when a police officer, in an attempt to apprehend the driver of the motorcycle, chased the motorcycle at high speeds and eventually struck Lewis. Terence J. Cassidy Paul J. Hedlund Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kenne…

Crawford-El v. Britton - Significance, Other Opinions, Impact, Inmate Conditions

Leonard Rollon Crawford-El Patricia Britton That the district court's direct evidence rule and the appeals court's "clear and convincing evidence" standard for persons seeking to sue government officials should be rejected. Daniel M. Schember John M. Ferren Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, David H. Souter, John Paul Stevens (writing for the Court) Sandra Day O'Connor, Willi…

Curran v. Mount Diablo Council of the Boy Scouts of America - Significance, Exclusion Of Gays, Atheists, And Agnostics, Boy Scouts In New Jersey, Impact

Timothy Curran Mount Diablo Council of the Boy Scouts of America That the Boy Scouts should not reject his application for the position of assistant scoutmaster just because he is a homosexual. Jon Davidson George Davidson Ronald George (writing for the court), Ming W. Chin, Stanley Mosk, Marvin R. Baxter, Kathryn M. Werdegar, Joyce L. Kennard, Janice R. Brown None Sacramento, California 23 March …

Inc. v. America Online Cyber Promotions Inc. - Significance, Private Restriction On Internet Speech Is Valid, Impact, Related Cases, Further Readings

Darlie Routier Trial: 1997 - A House Stained By Blood, Deadly Or Doting Mother?

Defendant: Darlie Lynn Routier Crime Charged: Murder Chief Defense Lawyer: Doug Mulder Chief Prosecutor: Greg Davis Judge: Mark Tolle Place: Kerrville, Texas Dates of Trial: January 6-February 1, 1997 Verdict: Guilty Sentence: Death SIGNIFICANCE: Young mother Darlie Routier did the unthinkable: she murdered her two sons in cold blood. This grizzly capital murder case, built on detailed, abundant a…

David Brock Impeachment Trial: 2000 - The Chief Justice Impeached, Testimony On Article I, Testimony On Article 11, Testimony On Article Iv - Testimony on Article Ill

Defendant: David Brock Crime Charged: Four articles of impeachment Chief Defense Lawyers: David Barry, Michael Madigan Chief Prosecutor: Joseph Steinfield Judges: The Senate of the State of New Hampshire Place: Concord, New Hampshire Date of Trial: September 18-October 10, 2000 Verdict: Not guilty SIGNIFICANCE: This was the first impeachment trial of a chief justice of a state supreme court in U.S…

Inc. v. Federal Communications Commission Denver Area Educational Telecommunications Consortium - Decision, Significance, Justice Breyer's Contextual Balancing Approach, Justice Kennedy's Categorical Approach

Denver Area Educational Consortium, et al. Federal Communications Commission, et al. That various regulations implementing the Cable Television Consumer Protection and Competition Act, which regulated indecent and obscene programming on cable television, violated the free speech rights of cable access programmers and cable television viewers under the First Amendment. I. Michael Greenberger Lawren…

Stephens Co. Duffield v. Robertson - Significance, Legislative History, Through The Looking Glass, The Controversy Continues, Further Readings

Edmund Ko Trial: 2000 - Jealous Rival, Ominous Silence

Defendant: Edmund Ko Crime Charged: Murder Chief Defense Lawyer: Jack Litman Chief Prosecutors: Ann Prunty, Lisa Friel Judge: Harold B. Beeler Place: New York, New York Date of Trial: May 31-July 27, 2000 Verdict: Guilty Sentence: 25 years to life SIGNIFICANCE: The right to silence is enshrined in the American constitution. Here, two individuals availed themselves of this right, with drastically d…

et al. Trial Edwin Edwards: 2000 - Bribery Conspiracy Alleged, Three Months Of Testimony

Defendants: Edwin Edwards, Stephen Edwards, Andrew Martin, Greg Tarver, Ecotry Fuller, Bobby Johnson, Cecil Brown Crimes Charged: Extortion, mail fraud, wire fraud, money laundering, interstate travel and communication in aid of racketeering, false statements, illegal wiretapping, Racketeer-influenced Corrupt Organizations (RICO) Act violations, conspiracy Chief Defense Lawyers: Edwin Edwards: Dan…

Fister v. Minnesota New Country School - Significance

William Timothy Fister, guardian and parent on behalf of Mary Fister Minnesota New Country School That the Eighth District Court erred in its ruling for the appellee, and that the school had denied the student her First Amendment right to freedom of speech. Pasco M. Bowman, Roger L. Wollman, Morris Sheppard Arnold Minneapolis, Minnesota 11 May 1998 The court found that the disciplinary action take…

Inc. Florida Bar v. Went For It - The Facts Of The Case, Commercial Speech And The First Amendment, The Majority Decision, The Dissent

Frederic Tokars Trial: 1997 - Innocent Victim?, Mistrial Demand

Defendant: Frederic Tokars Crime Charged: Murder Chief Defense Lawyers: Bobby Lee Cook, James Berry, Jerry Froelich, Ed Moriarity Chief Prosecutors: Tom Charron, Russ Parker Judge: James G. Bodiford Place: LaFayette, Georgia Date of Trial: January 30-March 8, 1997 Verdict: Guilty Sentence: Life imprisonment SIGNIFICANCE: Issues of double jeopardy were aroused when this Atlanta lawyer, already serv…

Fredette v. BVP Management Associates - Significance, Protecting Men In The Workplace, Same Gender Harassment Actionable, Impact

Robert Fredette BVP Managements Associates, Royal Palace Hotel Associates, and Buena Vista Hospitality Group That same gender sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964. Tobe M. Lev Arch Y. Stokes R. Lanier Anderson III (writing for the court), Albert J. Henderson, Phyllis A. Kravitch None Atlanta, Georgia 22 May 1997 Sexual harassment of a male employee by a male…

Gabriel Gomez Trial: 2000 - Victim's Half-brother Arrested, Circumstantial Evidence Weighed, Gomez Reveals Burial Site, Suggestions For Further Reading

Defendant Gabriel Gomez Crimes Charged: Murder, kidnapping Chief Defense Lawyer: Antonio Bestard Chief Prosecutor: Donald J. Clem Judge: Robert Martinez Place: Pomona, California Date of Trial: October 23-31, 2000 Verdict: Guilty Sentence: Life imprisonment without parole, plus 22 years SIGNIFICANCE: The disappearance of Sandra Rosas, wife of Los Lobos cofounder Cesar Rosas, was immediately linked…

Inc. Glickman v. Wileman Brothers Elliott - Significance

Dan Glickman, U.S. Secretary of Agriculture Wileman Brothers & Elliott, Inc., et al. That the monetary assessments required by the Agricultural Marketing Agreement Act of 1937 for generic advertising did not violate the First Amendment and should be allowed to stand. Walter Dellinger Thomas E. Campagne Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, John Paul Stevens …

Hopwood v. Texas - Significance, Denied Admission, Millions In Damages, The Terms Of The Complaint, The Former Policy

Cheryl J. Hopwood, et al. State of Texas, et al. That the admissions policy at the University of Texas Law School gave unfair advantage to minority applicants over whites. Steven Wayne Smith, Michael Rosman Members of the firm Vinson & Elkins. Harold R. DeMoss, Jacques L. Wiener, Jr., Jerry E. Smith (writing for the court) None New Orleans, Louisiana 18 March 1996 That the University of Texas Law …

Hurley v. Irish-American Gay Group of Boston - Significance, Parades Are Expression Too, Impact, Further Readings

John J. Hurley and South Boston Allied War Veterans Council Irish-American Gay, Lesbian and Bisexual Group of Boston, et al. That First Amendment Freedom of Speech protection extends to a private organizer's choice of which groups can participate in Boston's St. Patrick's Day Parade based on the content of their intended messages. Chester Darling and Dwight G. Duncan John Ward Stephen Breyer, Ruth…

In re Marriage of Buzzanca - Significance, Impact, Further Readings

Jenny Jones Trials: 1996-99 - Schmitz Guns Down His "admirer", Jenny Jones Show Sued

Principal Defendants: Jonathan Schmitz, The Jenny Jones television show, and Warner Brothers Claims/Crimes Charged: Wrongful death, murder, and committing a felony with a firearm Chief Defense Lawyers: Schmitz: James Burdick, Fred L. Gibson, and Jerome Sabbota; Jenny Jones/Warner Brothers: James Feeney Chief Prosecutors: Roman Kalytiak and Donna Pendergast Chief Lawyer for Plaintiff: Geoffrey N. F…

Jesse Timmendequas Trial: 1997 - Clues And Conflicting Stories Point To Suspect, Timmendequas Convicted, Defense Pleads Mitigating Factors

Defendant: Jesse Timmendequas Crimes Charged: Murder, kidnapping, rape, sodomy Chief Defense Lawyers: Barbara R. Lependorf, Roy B. Greenman Chief Prosecutors: Kathyrn Flicker, Lewis Korngut Judge: Andrew J. Smithson Place: Trenton, New Jersey Date of Trial: May 5-June 20, 1997 Verdict: Guilty Sentence: Death SIGNIFICANCE: Because of the publicity in the wake of Megan Kanka's murder, most st…

John E. DuPont Trial: 1997 - A Standoff With The Police, Dupont's Mental Competency Debated, The Trial Finally Begins

Defendant: John E. DuPont Crimes Charged: Murder, assault Chief Defense Lawyer: Thomas Bergstrom Chief Prosecutor: Joseph McEdigan Judge: Patricia Jenkins Place: Delaware County, Pennsylvania Dates of Trial: January 21-February 25, 1997 Verdict: Guilty of third-degree murder and assault Sentence: 13-30 years in prison SIGNIFICANCE: The trial focused national attention on the insanity defense, part…

Justin A. Volpe et al. Trials: 1999 2000 - "… On Tomorrow's Front Page.…", Cops Reassigned, Suspended, Arrested, A Breach In The "blue Wall"

Defendants: Michael Bellomo, Thomas Bruder, Charles Schwarz, Justin A. Volpe, and Thomas Wiese Crimes Charged: First trial: Bellomo: False statements; Bruder, Schwarz, Volpe, and Wiese: Violation of civil rights (i.e., aggravated harassment based on race, color, religion or national origin); second trial: Bruder, Schwarz, and Wiese: Conspiracy to obstruct justice Chief Defense Lawyers: Bellomo: Jo…

Kansas v. Hendricks - Significance, Kansas Law Applied To Hendricks, Court Upholds Law, Further Readings

State of Kansas Leroy Hendricks That the Kansas Sexually Violent Predator Act, which provides for civil commitment of persons convicted of crimes of sexual violence to be civilly committed to a mental institution for treatment, did not violate the Constitution. Carla J. Stovall Thomas J. Weilert Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, Clarence Thomas (writing…

Kass v. Kass - Significance, Embryo Custody, Embryos As Property, Impact, Further Readings

Maureen Kass Steven Kass That five stored, frozen human embryos be granted to the woman who donated the eggs so she might fulfill her constitutional right to have children. Vincent F. Stempel, Lisa Ann Spero Linda T. Armatti-Epstein Joseph W. Bellacosa, Carmen Beauchamp Ciparick, Judith S. Kaye (writing for the court), Howard Levine, George Bundy Smith, Vito J. Titone, Richard C. Wesley None Alban…

Kenyan and Tanzanian Embassy Bombers Trial: 2001 - Linked To Bin Laden, "the Snake Is America", Bombing A "blunder", The Second Blast

Defendants: Mohamed Rashed Daoud al-'Owhali, Wadih El-Hage, Khalfan Khamis Mohamed, Mohamed Saddiq Odeh Crimes Charged: al-'Owhali, Mohamed, Odeh: Conspiracy and murder; El-Hage: Conspiracy and perjury Chief Defense Lawyers: al-'Owhali: David P. Baugh, Frederick H. Cohn; Odeh: Anthony L. Ricco, Edward D. Wilford; El-Hage: Joshua L. Dratel, Sam A. Schmidt; Mohamed: David A. Ruh…

Kevin Mitnick Case: 1999 - No Bail, No Computer, Hacker Pleads Guilty

Defendant: Kevin D. Mitnick Crimes Charged: Wire fraud (14 counts), possession of unauthorized access devices (8 counts), interception of wire or electronic communications, unauthorized access to a federal computer, and causing damage to a computer Chief Defense Lawyers: Donald Randolph and Gregory Vincent Chief Prosecutors: Christopher Painter and David Schindler Judge: Marianna Pfaelzer Place: L…

Kristen Gilbert Trial: 2000-01 - Prosecutors Seek Death Sentence, Nurse Accused Of Murdering To Impress Lover, Jury Convicts But Spares Nurse's Life

Defendant: Kristen H. Gilbert Crimes Charged: Murder, attempted murder Chief Defense Lawyers: David P. Hoose, Harry L. Miles, Paul Weinberg Chief Prosecutors: William M. Welch, Ariane D. Vuono Judge: Michael A. Ponsor Place: Springfield, Massachusetts Date of Trial: October 16, 2000-March 26, 2001 Verdict: Guilty of three cases of first-degree murder and of one case of second-degree-murder; also g…

Lambert v. Blackwell - Significance, Comity And Exhaustion, A Teenage Love Triangle, Back To Prison, Impact, Further Readings

LAPD Rampart Division Trial: 2000 - A Crooked Cop's Arrest Opens The Floodgates, Indictments And Trials For Only A Handful

Defendants: Michael Buchanan, Paul Harper, Brian Liddy, Edward Ortiz Crimes Charged: Conspiracy to obstruct justice, filing false police reports, lying under oath Chief Defense Lawyers: Harland Braun (Buchanan), Joel Isaacson (Harper), Paul DePasquale (Liddy), Barry Levin (Ortiz) Chief Prosecutors: Laura Laesecke, Anne Ingalls Judge: Jacqueline Conner Place: Los Angeles, California Date of Trial: …

Lawrence v. Texas - How To Use Milestones In The Law, This Case In History - ISSUE

Lebron v. National Railroad Passenger Corporation - Significance, An Important Reversal, A Dissenting Opinion, A Second Appeal, Impact

Michael A. Lebron National Railroad Passenger Corporation That refusal to place an advertisement on Amtrak's Spectacular billboard had violated his First and Fifth Amendment rights. David D. Cole Kevin T. Baine Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, William H. Rehnquist, Antonin Scalia (writing for the Court), David H. Souter, John Paul Stevens, Clarence Thomas Sandra Day O'Conno…

Len Davis Trial: 1996 - Undercover Tapes!, Defense Fights Back

Defendant: Len Davis Crime Charged: Murder Chief Defense Lawyer: Dwight Doskey Chief Prosecutors: Constantine Georges, Michael McMahon Judge: Ginger Berrigan Place: New Orleans, Louisiana Date of Trial: April 8—April 24, 1996 Verdict: Guilty Sentence: Death SIGNIFICANCE: This trial blew the lid off police corruption in one of America's major cities. Even in a city as wearily accustom…

Louise Woodward Trial: 1997 - Family Warning, Deadly Fall?, Defendant Stays Cool, Prosecution Switch

Defendant: Louise Woodward Crime Charged: Murder Chief Defense Lawyers: Barry Scheck, Andrew Good, and Harvey Silverglate Chief Prosecutors: Gerard Leone, Jr. and Martha Coakley Judge: Hiller Zobel Place: Cambridge, Massachusetts Dates of Trial: October 7-31, 1997 Verdict: Guilty of second-degree murder (later reduced to involuntary manslaughter) Sentence: Life imprisonment (later reduced to time …

Mackenzie v. Miller Brewing Co.: 1997, 1999, 2000 - Corporate Deceit Or A Manager's Incompetence?, The Appeals Begin

Plaintiff: Jerold J. Mackenzie Defendant: Miller Brewing Company and two Miller employees, Robert L. Smith and Patricia G. Best Plaintiff Claim: Intentional misrepresentation, tortious interference with prospective contract, tortious interference with contract Chief Lawyer for Plaintiff: Gerald P. Boyle Chief Defense Lawyer: Frank J. Daily Circuit Court Judge: Louise Tesmer Appeals Court Judges: R…

Mainstream Loudoun et al. v. Board of Trustees of the Loudoun County Library et al. - Significance, The Internet Filtering Dilemma, Loudoun Chooses Restricted Access, Protection By Subtraction, Impact

Mark Crawford Trial: 1999 - Evidence Of A Body, Suppressed Evidence And Conflicting Testimony, Enter The Feds

Defendant: Mark Crawford Crimes Charged: Murder in aid of racketeering, racketeering, racketeering conspiracy, kidnapping, conspiracy to embezzle, embezzlement, wire fraud, money laundering, conspiracy to distribute marijuana, perjury, obstruction of justice by killing a witness, obstruction of justice by retaliating against a witness, conspiracy to threaten to commit a crime of violence against a…

Marw Albert Trial: 1997 - The Tape, Surprise Witness

Defendant: Marv Albert Crime Charged: Forcible sodomy and assault and battery Chief Defense Lawyer: Roy Black Chief Prosecutor: Richard Trodden Judge: Benjamin Kendrick Place: Arlington, Virginia Dates of Trial: September 22-October 24, 1997 Verdict: Guilty Sentence: 1-year suspended sentence SIGNIFICANCE: A celebrity defendant, steamy sex allegations, and surprise testimony made this one of the m…

Maryland v. Wilson - Significance, A Bright Line Rule?, A Matter Of Safety, Differing Opinions, Impact, Further Readings

State of Maryland Jerry Lee Wilson Maryland maintained that passengers of a vehicle should be expected to exit a vehicle when requested by a law officer. Stephen Breyer, Ruth Bader Ginsburg, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarence Thomas Anthony M. Kennedy, John Paul Stevens Washington, D.C. 16 February 1997 The Supreme Court hel…

Matthew Shepard Beating Death Trial: 1999 - Worldwide Publicity, State Seeks Death, Surprise Ending

Defendant Aaron James McKinney Crimes Charged: Murder, kidnapping, robbery Chief Defense Lawyers: Dion Custis, Jason Tangeman Chief Prosecutor: Calvin Rerucha Judge: Barton Voigt Place: Laramie, Wyoming Date of Trial: October 25-November 4, 1999 Verdict: Guilty Sentence: Two life terms with no possibility of parole SIGNIFICANCE: The murder of Matthew Shepard, an openly gay college student, by Aaro…

McVeigh v. Cohen - Significance, "boysrch"--or, The Other Timothy Mcveigh, Judge Sporkin Rules, Judge Sporkin's Ruling And The Continuing Saga

Timothy R. McVeigh William Cohen, U.S. Secretary of Defense, et al. That by investigating his sexual orientation, the navy violated his rights under the Electronic Communications Privacy Act of 1996, the Administrative Procedure Act, Department of Defense policy, and the Fourth and Fifth Amendments to the U.S. Constitution; therefore, he sought that the Navy be enjoined from its attempts to discha…

The Microsoft Trial: 1998-2001 - Frc Begins Investigation Of Microsoft In 1990, Department Of Justice Decides To Prosecute, Microsoft Raked At Trial

Defendant: Microsoft Corporation Offenses Charged: Violations of the Sherman Antitrust Acts. Two counts under Section 1: exclusive dealing and unlawful tying; two counts under Section 2: monopoly maintenance in the operating systems market, and attempted monopolization of the Internet browser market Chief Defense Lawyers: Bill Neukom, John Warden Chief Prosecutors: David Boies and lawyers of the U…

Miller v. Johnson - Significance, A Case Of Racial Gerrymandering, Points Of Affirmation And Dissension, Impact, Further Readings

Zell Miller, et al., Lucious Abrams, Jr., et al., and United States Davida Johnson, et al. The state of Georgia's redistricting plan enacted in 1991 violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution when the Eleventh District was created. The appellants claimed that the redistricting plan was based upon racial factors and did not serve any compelling governm…

Muscarello v. United States - Significance, Drugs And Guns, To Carry A Firearm, Impact, The National Firearms Act

Frank J. Muscarello, Donald Cleveland and Enrique Gray-Santana United States That the United States violated the Second Amendment's right to bear arms by a broad interpretation of U.S. legal codes. Robert H. Klonoff and Norman S. Zallkind James A. Feldman Stephen Breyer (writing for the Court), Anthony M. Kennedy, Sandra Day O'Connor, John Paul Stevens, Clarence Thomas Ruth Bader Ginsburg, William…

Nathaniel Abraham Trial: 1999 - Murderer Or Troubled Youth?, Controversial Sentence, Suggestions For Further Reading

Defendant: Nathaniel Abraham Crimes Charged: Murder, assault with intent to murder, and felony use of a firearm Chief Defense Lawyer: Geoffrey Fieger Chief Prosecutor: Lisa Halushka Judge: Eugene A. Moore Place: Pontiac, Michigan Dates of Trial: October 29-November 16, 1999 Verdict: Guilty of second-degree murder Sentence: Placement in a juvenile detention center until the age of 21 SIGNIFICANCE: …

Norman-Bloodsaw v. Lawrence Berkeley Laboratory - Significance, Medical Secrecy In California, A Right To Personal Privacy, Impact, Further Readings

Marya S. Norman-Bloodsaw, Vertis B. Ellis, and six other individuals Lawrence Berkeley Laboratory, Regents of the University of California, U.S. Department of Energy, and others That a public employer conducting medical tests on its employees to determine intimate medical conditions without their knowledge or consent violates the employees' constitutional right to privacy. William C. McNeill III D…

North Carolina v. T. D. R. - Significance, Teen Assault And Court Jurisdiction, When Juveniles Are Adults, Impact, Further Readings

Inc. v. City of Northlake O'Hare Truck Service - Significance, The Patronage System, Elrod, Branti, Rutan, The Case In The Lower Courts

O'Hare Truck Service, Inc. City of Northlake That the removal of the truck service from the city's list of contractors was based on the owner's support for another political candidate, and therefore abridged his freedom of association. Harvey Grossman Gary Feiersel Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy (writing for the Court), Sandra Day O'Connor, William H. Rehnquist, John Paul …

O.J. Simpson Trials: 1995 1996-97 - Criminal Trial, Civil Trial, The Infamous Chase, The Trial Of The Century Begins, Kato Kaelin Testifies - The Verdict

Ohio Adult Parole Authority v. Woodard - Significance, Background, A Protected Life Interest On Death Row, Safeguarding Against Irresponsible Clemency, Impact

Ohio Adult Parole Authority, et al. Eugene Woodard That Ohio clemency procedures violated a death-row inmate's Fourteenth Amendment right to due process and his Fifth Amendment right to remain silent. Jeffrey S. Sutton David H. Bodiker Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarenc…

Ohio v. Robinette - Significance, Impact, Further Readings

State of Ohio Robert D. Robinette Provisions of the Fourth Amendment do not require police officers to warn motorists that they are "free to go" at the end of traffic stop. Carley J. Ingram James D. Ruppert Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarence Thomas John Paul Stevens Wa…

Oklahoma City Bombing Trials: 1997-98 - Oklahoma Grand Jury, Colorado Venue, Mcveigh's Trial, Nichols's Trial, Mixed Verdict

Defendants: Timothy J. McVeigh and Terry L. Nichols Crimes Charged: Murder, conspiracy to use a weapon of mass destruction, use of a weapon of mass destruction, and destruction by explosive Chief Defense Lawyers: McVeigh: Stephen Jones and Robert Nigh, Jr.; Nichols: Michael Tigar and Ron Woods Chief Prosecutors: McVeigh: Joseph Hartzler; Nichols: Larry Mackey Judge: Richard Matsch Place: Denver, C…

Inc. Oncale v. Sundowner Offshore Services: 1998 - Court Rules Same-sex Harassment Illegal

Appellant: Joseph Oncale Defendant: Sundowner Offshore Services, Inc. Appellant's Claim: Sexual harassment Chief Defense Lawyer: Harry M. Reasoner Chief Lawyers for Appellant: Nicholas Canaday Ill, Edwin S. Kneedler, and U.S. Department of Justice (amicus curiae) Justices: Stephen G. Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin S…

Oncale v. Sundowner Offshore Services Incorporated et al. - Significance, Same-sex Sexual Harassment, Sexual Assault Or Horseplay, Impact, Further Readings

Joseph Oncale Sundowner Offshore Services Incorporated, John Lyons, Danny Pippen, and Brandon Johnson That on the job sexual harassment by coworkers of the same sex constitutes sexual discrimination prohibited by Title VII of the 1964 Civil Rights Act. Nicholas Canaday III Harry M. Reasoner Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin …

Fourteenth District Opinion of the Court of Appeals of Texas March (15,) (2001) - In Court Of Appeals Of Texas, Fourteenth District, Houstonno. 14–99–00109–cr No. 14–99–00111–cr

June Opinion of the U.S. Supreme Court (26,) (2003) - In The Supreme Court Of The United States, Summary Of Argument, Argument

Oregon v. Mathiason - Significance, A Violation Of Miranda?, The Court Clarifies Miranda, Unfaithful To Miranda?, Impact

State of Oregon Carl Ray Mathiason That the Fifth Amendment right to be free from self-incrimination does not require police to give Miranda warnings to a person who is not under arrest and is not deprived of freedom of action. W. Michael Gillette Gary D. Babcock Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Potter Stewart, Byron R. White (unsigned) William J. Br…

Ornelas v. United States - Significance, Scalia Dissents, Impact, Drug-sniffing Dogs

Saul Ornelas, Ismael Ornelas-Ledesma United States Police lacked probable cause to conduct a search of their vehicle. Cornelia T. L. Pillard Robert G. LeBell, Brian W. Gleason Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), David H. Souter, John Paul Stevens, Clarence Thomas Antonin Scalia Washington, D.C. 28 May 1996 The …

Maddox Pagones v. Sharpton Mason: 1997-98 - Fistfights In Court, A Ten-year Delay

Plaintiff: Steven Pagones Defendants: Al Sharpton, Alton H. Maddox, Jr., and C. Vernon Mason Plaintiff Claim: Defamation of character Chief Defense Lawyers: Sharpton: Michael Hardy; Alton Maddox; Mason: Stephen C. Jackson Chief Lawyer for Plaintiffs: William Stanton Judge: S. Barrett Hickman Place: Poughkeepsie, New York Dates of Trial: November 18, 1997-July 13, 1998 Verdict: Against all defendan…

Piscataway Township Board of Education v. Taxman - Significance, Taxman Fights Dismissal On Racial Grounds, Court Of Appeals Ruling, Dissent And Aftermath

Picataway Township Board of Education Sharon Taxman That the Piscataway Board of Education's decision to dismiss a white teacher in order to keep a comparably qualified African American teacher on staff was valid under Title VII of the Civil Rights Act of 1964. David B. Rubin Stephen E. Klausner Samuel A. Alito, Jr., Edward R. Becker, Robert E. Cowen, Morton I. Greenberg, Carol Los Mansmann (writi…

Pottinger v. City of Miami - Significance, City's Treatment Of Homeless Violated Their Constitutional Rights, Negotiations Lead To Settlement Agreement

Michael Pottinger, Peter Carter, Berry Young City of Miami That the city of Miami had a policy of harassing homeless people and routinely seized and destroyed their property in violation of their constitutional rights. Benjamin S. Waxman Quinn Jones III Joseph W. Hatchett (writing for the court), R. Lanier Anderson, Peter T. Fay None Atlanta, Georgia 2 February 1996 That a settlement agreement bet…

Presidential Election Trials: 2000 - Manual Recounts Requested, Manual Recounts Begin, Florida Supreme Court Rules, An Hour And A Half In Washington - November 9 Thursday

Plaintiff: Al Gore Defendants: George W. Bush, Katherine Harris Chief Lawyers for Plaintiff: David Boies, W. Dexter Douglas, Bruce Rogow, Laurence H. Tribe, Stephen Zack Chief Defense Lawyers: Philip Beck, Benjamin L. Ginsberg, Theodore B. Olson, Barry Richard, George Terwilliger (Bush); Joseph P. Klock, Jr. (Harris) Judges: Leon County, Florida, Circuit Court: Terry P. Lewis, N. Sanders Sauls; Br…

Printz v. United States - Significance, John Hinckley Helps Write The Brady Bill, The Majority Takes Its Cue From History

Jay Printz, Sheriff/Coroner, Ravalli County, Montana United States That Congress's use of the Brady Act to require "chief law enforcement officers" (CLEOs) in a local jurisdiction to conduct background checks of handgun purchasers, and to perform other duties, is unconstitutional. Stephen P. Halbrook Walter Dellinger, Acting Solicitor General Anthony M. Kennedy, Sandra Day O'Connor, William H. Reh…

Rae Carruth Trial: 2000-01 - A Promising Football Career Shattered, Cherica Adams Dies And Rae Carruth Flees, Recording Of 911 Call Is Played In Opening Statements

Defendant: Rae Lamar Theotis Wiggins, a.k.a. Rae Carruth Crimes Charged: Murder, conspiracy to commit murder, shooting into an occupied vehicle, using a gun to attempt to kill an unborn child Chief Defense Lawyers: David Rudolph, Christopher Fialko Chief Prosecutor: Gentry Caudill Judge: Charles Lamm Place: Charlotte, North Carolina Date of Trial: October 23, 2000-January 19, 2001 Verdict: Not gui…

Raines v. Byrd - Significance, Political Ironies, Not A "case" Or "controversy", Counter-arguments In The Constitution And Coleman

Frederick D. Raines, Director, U.S. Office of Management and Budget, et al. Senator Robert Byrd, et al. That appellees lacked standing to challenge the recently passed Line Item Veto Act. Walter E. Dellinger, U.S. Solicitor General Alan Morrison Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarence Thom…

Ray Lewis Trial: 2000 - Victims Stabbed During Brawl, The Case Against Ray Lewis, Prosecution's Murder Case Collapses

Defendant: Ray Lewis Crimes Charged: Murder, assault with a deadly weapon Defense Lawyers: Ed Garland, Jana Harris, Max Richardson Prosecutor: Paul Howard Judge: Alice D. Bonner Place: Atlanta, Georgia Dates of Trial: May-June 2000 Verdict: Guilty of obstruction of justice; other charges dropped SIGNIFICANCE: The arrest of Ray Lewis, a National Football League (NFL) linebacker with the Baltimore R…

Reno v. American Civil Liberties Union - Significance, America's First Female Attorney General, Further Readings

Janet Reno, U.S. Attorney General American Civil Liberties Union A federal district court erred in finding two provisions of the Communications Decency Act of 1996 unconstitutional under the First Amendment. Seth P. Waxman Bruce J. Ennis Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Antonin Scalia, John Paul Stevens (writing for the Court), David H. Souter, Clarence Thomas Sandra Day O'…

Respondent's Brief - Respondent's Brief, Table Of Contents, Questions Presented, Statement, Summary Of Argument - In The Supreme Court of the United States

Richard Allen Davis Trial: 1996 - A Sordid Past, Anger In The Courtroom, Suggestions For Further Reading

Defendant: Richard Allen Davis Crimes Charged: Murder, robbery, kidnapping, burglary, attempting a lewd act with a minor, and other charges Chief Defense Lawyers: Barry Collins and Lorena Chandler Chief Prosecutor: Greg Jacobs Judge: Thomas Hastings Place: San Jose, California Dates of Trial: April 17-June 18, 1996 Verdict: Guilty Sentence: Death by lethal injection SIGNIFICANCE: The 1993 abductio…

Richards v. Wisconsin - Significance, The Police Knock On Richards's Door, The Supreme Court Strikes A Balance

Steiney Richards State of Wisconsin That police violated his Fourth Amendment rights by using deception and force to enter his hotel room on a drug-related case. Henry Schultz, David Karpe, John Wesley Hall, Jr. James E. Doyle, Stephen W. Kleinmaier Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, John Paul Stevens…

Robert Bierenbaum Trial: 2000 - Growing Suspicions, The Trial

Defendant: Robert Bierenbaum Crime Charged: Murder Chief Defense Lawyers: Scott Greenfield, David Lewis Chief Prosecutor: Daniel Bibb Judge: Leslie Crocker Snyder Place: Manhattan, New York Date of Trial: October 2-24, 2000 Verdict: Guilty Sentence: 20 years to life SIGNIFICANCE: Fourteen years after the disappearance of his wife, a prominent New York City doctor was tried and convicted for her mu…

Robert Johnson Estate: 1998 - An Unknown Heir

Claim: That Claud Johnson was the biological son and sole heir of Robert L. Johnson Claimant: Claud L. Johnson Contestants: Robert M. Harris, Annye C. Anderson Claimant's Lawyers: James W. Kitchens, Nancy A. Olson Contestants' Lawyers: Stephen E. Nevas, Karla Kithcart Judge: Jon M. Barnwell Place: Greenwood, Mississippi Dates of Hearing: October 12-15, 1998 Decision: In favor of clai…

Romer v. Evans - Further Readings

The amendment at issue in Romer v. Evans, known as Amendment 2, was placed on the November 1992 ballot following a petition drive. The amendment provided in part that neither the state nor any of its political subdivisions "shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian, or bisexual orientation, conduct, practices or relationships shal…

Romer v. Evans - Significance, Amendment 2--an Effort To End "special" Rights For Homosexuals, Skirmish In The "cultural War"

Roy Romer, Governor of Colorado, et al. Richard G. Evans, et al. That the lower court erred in striking down a Colorado constitutional amendment that prohibited any government efforts to protect homosexuals from discrimination. Timothy M. Tymkovich Jean E. Dubofsky Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy (writing for the Court), Sandra Day O'Connor, David H. Souter, John Paul Steve…

Rosenberger v. University of Virginia - Significance, Jefferson's University, An Issue Of Speech, The Uniqueness Of Religion Cases

Ronald W. Rosenberger, Wide Awake Productions, and others Rectors and Visitors of the University of Virginia and others That denying commonly available school funds to a student religious organization by a public university violated the First Amendment's Speech Clause. Michael W. McConnell John C. Jefferies, Jr. Anthony M. Kennedy (writing for the Court), Sandra Day O'Connor, William H. Rehnquist,…

Sammy's v. City of Mobile - The Origins Of The Case, Ordinance No. 03-003, Arguments Focused On Freedom Of Expression

Sammy's of Mobile, Alabama City of Mobile, Alabama That a city ordinance prohibiting establishments that featured nude dancing from selling alcohol was unconstitutional. Donald M. Briskman Roderick P. Stout Stanley F. Birch, James C. Hill (writing for the majority) Phyllis A. Kravitch Atlanta, Georgia 8 May 1998 The court ruled in favor of the city of Mobile and its ordinance. This ruling affirmed…

Sandy Murphy and Rick Tabish Trial: 2000 - Sandy Murphy Becomes A Suspect, The Trial Attracts Publicity, Suggestions For Further Reading

Defendants: Sandra "Sandy" Murphy, Richard B. "Rick" Tabish Crime Charged: Murder, grand larceny, burglary Chief Defense Lawyers: John Momot, Louis Palazzo Chief Prosecutor: David Roger Judge: Joseph Bonaventure Place: Las Vegas, Nevada Date of Trial: March 27-May 18, 2000 (Appeal pending before Nevada Supreme Court) Verdict: Guilty Sentence: Life in prison with possibi…

Sante and Kenneth Kimes Trial: 2000 - Irene Silverman, Arrest Of Sante And Kenneth Kimes, The Trial, Conviction, Sentencing, And Aftermath

Defendants: Sante and Kenneth Kimes Crimes Charged: Murder, criminal possession of a weapon, conspiracy, forgery, robbery, burglary, grand larceny, eavesdropping Chief Defense Lawyers: Sante Kimes: Michael Hardy; Kenneth Kimes: Mel Sachs Chief Prosecutors: Owen Heimer, Connie Fernandez Judge: Rena Uviller Place: New York, New York Date of Trial: February 15-May 18, 2000 Verdicts: Sante Kimes: guil…

Jamaal "Shyne" Barrow Sean "Puff Daddy" Combs and Anthony Jones Trial: 2001 - Tainted Witnesses Or A Bad Case?, Lawyers Battle In Closing Arguments

Defendants: Sean "Puff Daddy" Combs, Jamaal "Shyne" Barrow, Anthony Jones Crimes Charged: Combs and Jones: Criminal possession of a firearm, bribing a witness; Barrow: Attempted murder, assault, criminal use and possession of a firearm, reckless endangerment Chief Defense Lawyers: Combs: Benjamin Brafman, Johnnie Cochran, Jr.; Jones: Michael Bachner; Barrow: lan Niles, …

Shaw v. Hunt - Further Readings

The Twelfth District was worm-shaped, stretching 160 miles from Gastonia to Durham, hugging the thin line of Interstate 85. The district was so narrow at one point that drivers in the northbound lane of the interstate were in the district while drivers in the southbound lane were in another district. Of the ten counties through which the district passed, five were cut into three different district…

Shaw v. Hunt - Case Background, Question Of Racial Gerrymandering Or Minority Voter Representation, A Different Opinion, Impact

Ruth O. Shaw, et al.; James Arthur Pope, et al. James B. Hunt, Jr., Governor of North Carolina, et al. That the state of North Carolina created an unconstitutional racially gerrymandered district, which may violate the Fourteenth Amendment's Equal Protection Clause. Robinson O. Everett (Shaw), Thomas A. Farr (Pope) Edwin M. Speas, Jr. Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (…

Sheik Omar Abdel Rahman Trial: 1995-96 - Sheik Arrested In Terrorist Plot, Bomb Factory Described In Testimony, Defense Claims Religious Persecution, Jury Convicts On 48 Charges

Defendants: Sheik Omar Abdel Rahman, El Sayyid Nosair, Ibrahim El-Gabrowny, Victor Alvarez, Amir Abdelgani, Fadil Abdelghani, Tarig Elhassan, Ramzi Ahmed Yousef, Rodney Hampton-El, Fares Khallafalla, and Mohammed Saleh Crimes Charged: All defendants: Seditious conspiracy; Nosair: Murder and assault; individual charges included solicitation and conspiracy to commit assassination or bombings, violat…

Snoop Doggy Dogg Trial: 1995-96 - A Rising Rap Star, Murder Was The Charge, Jury Frees Snoop Dogg, Suggestions For Further Reading

Defendants: Calvin Broadus, McKinley Lee Crimes Charged: Murder, voluntary manslaughter, conspiracy to commit assault; accessory to murder after the fact (Broadus) Chief Defense Lawyers: Broadus: David Kenner, Marcia Morrissey; Lee: Donald Re Chief Prosecutors: Edward Nison, Robert Grace Judge: Paul G. Flynn Place: Los Angeles, California Date of Trial: November 27, 1995-February 21, 1996 Verdict:…

Susan Smith Trial: 1995 - Lover Takes Stand, Homble Choice

Defendant: Susan Smith Crime Charged: Murder Chief Defense Lawyers: David Bruck and Judy Clarke Chief Prosecutor: Tommy Pope Judge: William Howard Place: Union, South Carolina Dates of Trial: July 18-28, 1995 Verdict: Guilty Sentence: Life imprisonment SIGNIFICANCE: The notion of a mother deliberately killing her own children is particularly abhorrent, but as this trial revealed, all too often mer…

Sutich v. Callahan - Hearts Against Heads, The Impact Of Welfare Reform, The Results Of Counterproductive Laws, Impact

Ivo Sutich, Saman Muy (by her guardian ad litem Eam Tak), Roshanak Partovi, Maria Klein, Wing Yim Chan, on behalf of themselves and all other persons similarly situated John J. Callahan, Acting Commissioner of the Social Security Administration That Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which rendered legal resident aliens ineligible for Supple…

Thomas Capano Trial: 1998-99 - The Trial, Accident Or Murder?

Thomas E. Blanton Trial (Alabama Church Bombing): 2001 - Fbi Quickly Identifies Suspects, But Does Not Pursue Prosecution, A Short Trial And A Quick Verdict

Defendant: Thomas E. Blanton, Jr. Crime Charged: Murder Chief Defense Lawyer: John C. Robbins Chief Prosecutors: Doug Jones, Robert Posey, Jeff Wallace Judge: James Garrett Place: Birmingham, Alabama Date of Trial: April 15-May 1, 2001 Verdict: Guilty Sentence: Life imprisonment, four terms SIGNIFICANCE: The bombing deaths of four black girls in a Birmingham, Alabama, church in 1963 brought additi…

Timmons v. Twin Cities Area New Party - Significance, Arguing Fusion, Impact

Michele L. Timmons, Acting Director, Ramsey County Department of Property Records and Revenue Twin Cities Area New Party A candidate running for office could not participate in elections as a nominee representing more then one political party. Minnesota's statute imposing prohibition of "fusion appearance" on a ballot, therefore, did not jeopardize associational rights. Richard S. Slowes Laurence …

U.S. Term Limits v. Thornton - Significance, Arkansas Rejects Career Politicians, The Qualifications Clause And Other Prohibitions, Dissent: An Ironic Ruling

U.S. Term Limits, Inc. Ray Thornton, Winston Bryant, Bobbie Hill That Amendment 73 to the Arkansas Constitution, which limited the terms of officials elected to office in the legislative branch of the federal government, does not violate the Qualifications Clause or any other part of the U.S. Constitution. George O. Jernigan, Jr., Richard F. Hatfield, Winston Bryant Doyle L. Webb, Stephen Engstrom…

United States v. Armstrong - Significance, Selective Prosecution Claims, Judicial Vigilance Necessary In Drug Prosecutions, Related Cases, Further Readings

United States Christopher Lee Armstrong, et al. That the government need not provide discovery (relevant documents) in a case of alleged selective prosecution unless the respondent provides a plausible basis for believing that others in similar situations have not been prosecuted. Drew S. Days III Barbara E. O'Connor Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, Wil…

United States v. Bestfoods - Significance, Don't Drink The Water, Shifting The Burden To The Responsible Parties, A Question Of Parenthood

United States CPC International Inc. (later renamed Bestfoods), Aerojet-General Corporation, Cordova Chemical Company, Cordova Chemical Company of Michigan That CPC International was liable, under Section 107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for costs of cleaning up industrial waste at a former subsidiary's chemical plant. Stephen …

United States v. Lopez - Significance, Court Of Appeals Ruling, Supreme Court Ruling, Implications, Related Cases, Further Readings

United States Alfonso Lopez, Jr. That it was left to Congress to decide what seriously affects interstate commerce and Congress found the Gun-Free School Zone Act constitutional under the Commerce Clause. Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, Clarence Thomas Stephen Breyer, Ruth Bader Ginsburg, David H. Souter, John Paul Stevens Wash…

United States v. Rita Gluzman: 1997 - From Asylum To Affluence, Rita Prosecuted Under Federal Statute, Courts Dismiss Appeals

Defendant: Rita Gluzman Crime Charged: Interstate domestic violence Chief Defense Lawyer: Lawrence Hocheiser Chief Prosecutor: Deidre Daly Judge: Barrington D. Parker, Jr. Place: White Plains, New York Date of Trial: April 30, 1997 Verdict: Guilty Sentence: Life imprisonment without parole SIGNIFICANCE: Rita Gluzman was the first woman to be convicted under the Violence Against Women Act 18 USC 22…

United States v. Scheffer - Significance, Airman Scheffer Claims "innocent Ingestion", A Question Of Legitimate Interests, "a Serious Undervaluation" Of Constitutional Rights

United States Edward Scheffer That per se exclusion of polygraph evidence offered by the accused in a military court does not violate the Sixth Amendment right to present a defense. Michael D. Dreeben Kim L. Sheffield Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, Clarence Thomas (writing for the Court) John Paul…

United States v. Ursery - Significance, Guy Ursery Grows His Own, Various Items, Emerald Cut Stones, And 89 Firearms

United States Guy Ursery That "in rem" civil property forfeiture proceedings, combined with a prison sentence for "manufacturing" marijuana, did not constitute double jeopardy in violation of the Fifth Amendment. Drew S. Days III, U.S. Solicitor General Lawrence Robbins, David Michael, Jeffry K. Finer Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquis…

United States v. Virginia - Significance, Sex Discrimination At V.m.i., History Repeats Itself, A Catch -22

United States Commonwealth of Virginia, Governor Lawrence Douglas Wilder; Virginia Military Institute, et al. That the male-only admissions policy of the state-supported Virginia Military Institute (V.M.I.) violated the Fourteenth Amendment. Paul Bender, U.S. Deputy Solicitor General Theodore B. Olsen Stephen Breyer, Ruth Bader Ginsburg (writing for the Court), Anthony M. Kennedy, Sandra Day O'Con…

Vacco v. Quill - A Two-edged Sword, Equal Protection?, Omission And Commission, Impact, States That Allow Assisted Suicide

Dennis C. Vacco, Attorney General of New York, et al. Timothy E. Quill, Samuel C. Klagsbrun, Howard A. Grossman That a ruling by the U.S. Court of Appeals for the Second Circuit invalidating a New York State statute banning physician-assisted suicide was incorrect. Barbara Gott Billet, Solicitor General; Daniel Smirlock, assistant Attorney General; Michael S. Popkin, Assistant Attorney General Lau…

Vernonia School District v. Acton (47J) - Significance, Stimulus, Response, An Invasion Of Privacy?, In Loco Parentis, Impact, Teenagers And The Availability Of Drugs

Vernonia School District 47J Wayne Acton, et al. That a school policy mandating random drug testing for participants in interscholastic athletic programs did not violate Fourth Amendment prohibitions against illegal search and seizure. Timothy R. Volpert, John A. Matterazzo, Davis Wright Tremaine Thomas M. Christ, John A. Wittmayer, Steven R. Shapiro Stephen Breyer, Ruth Bader Ginsburg, Anthony M.…

Vincent Doan Trial: 1997 - Culberson's Disappearance, Past Physical Abuse

Defendant: Vincent Doan Crimes Charged: Murder, kidnapping Chief Defense Lawyers: John H. Rion, Jon Paul Rion (criminal trial); John H. Rion, Kort Gatterdam (sentencing hearing) Chief Prosecutor: William Peelle Judge: William McCracken Place: Wilmington, Ohio Date of Trial: July 21, 1997-August 7, 1997 Verdict: Guilty on one count of aggravated murder and three counts of kidnapping; not guilty on …

Vincent Gigante Trial: 1997 - An Elaborate Ploy, Mob Informants Testify About Gigante's Sanity, Defense Accuses Informants Of Lying To Save Themselves

Defendant: Vincent "The Chin" Gigante Crimes Charged: Racketeering, murder, conspiracy to commit murder Chief Defense Lawyer: Michael Marinaccio Chief Prosecutors: George Stamboulidis, Andrew Weissman Judge: Jack Weinstein Place: New York, New York Date of Trial: June 25—July 25, 1997 Verdict: Guilty of racketeering and conspiracy to murder Sentence: 12 years in prison and $1.…

Waneta Hoyt Trial: 1995 - Searching For The Truth, The Trial, Suggestions For Further Reading

Defendant: Waneta Hoyt Crime Charged: Murder Chief Defense Lawyers: Robert Miller and Raymond J. Urbanski Chief Prosecutors: Robert J. Simpson and Margaret Drake Judge: Vincent Sgueglia Place: Owego, New York Dates of Trial: March 30—April 21, 1995 Verdict: Guilty on 5 counts of murder Sentence: 75 years imprisonment (she died of cancer after serving 3) SIGNIFICANCE: The Waneta Hoyt case ch…

Washington v. Glucksberg - Significance, Washington Law Challenged, Jack Kevorkian, Further Readings

State of Washington Harold Glucksberg That Washington's ban on assisting or aiding a suicide does not violate the Due Process Clause of the Constitution. William L. Williams, Senior Assistant Attorney General of Washington Kathryn L. Tucker Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Jo…

Whren v. United States - Significance, A Routine Traffic Stop?, Lower Court Rulings, Use Of Pretext To Enable A Search

Michael A. Whren, James L. Brown United States That evidence discovered and seized by police during a minor traffic stop was inadmissible in court given Fourth Amendment prohibitions against unreasonable search and seizure. A.J. Kramer, G. Allen Dale, Neil H. Jaffee, Lisa Burget Wright Drew S. Days, U. S. Solicitor General; John C. Kenney, Acting Assistant Attorney General Stephen Breyer, Ruth Bad…

Wilson v. Arkansas - Set Up, A Fourth Amendment Violation?, Common Law, Mitigating Circumstances, Impact

Sharlene Wilson State of Arkansas That failure of the police to knock and announce their presence prior to a warranted search rendered their entry into her house unconstitutional under the Fourth Amendment. John Wesley Hall, Jr. Kent C. Holt, Arkansas Assistant Attorney General Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David…

Wisconsin v. City of New York - Decision, An Early Constitutional Compromise, Census Procedures And Statistical And Demographic Advances, The 1990 Census

State of Wisconsin City of New York, et al. That the refusal of the U.S. Secretary of Commerce to use a post-enumeration survey statistical adjustment to correct the 1990 census represented a violation of the Census Clause of the Constitution. Peter C. Anderson, Assistant Attorney General of Wisconsin Drew S. Days, III, U.S. Solicitor General Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy…

Yolanda Saldivar Trial: 1995 - A Rising Star, Killing Follows Embezzlement Accusations, Trial Focuses On Shooting Aftermath

Inc. Zeran v. America Online - Significance, A Nightmare In Seattle, Distributors As Publishers, Impact

Kenneth M. Zeran America Online, Inc. (AOL) That AOL's delay in responding to notification of defamatory messages posted on their Internet system constituted libel in violation of the First Amendment. John Saul Edwards Patrick Joseph Carome Chief Judge Wilkinson (writing for the court), Circuit Judge Russell, and U.S. District Judge Boyle North Carolina 12 November 1997 Upheld district court decis…