During the October 2003 Term, the Tarlton Law Library has monitored cases pending before the Supreme Court. Below is an archive of the opinions issued and the certiorari petitions granted during this Term. This archive does not include summary dispositions of certiorari petitions or orders issued on pending cases.
The cases are listed in reverse chronological order by date that the opinion was issued
Sosa v. Alvarez-Machain
Justice Scalia cited on page 2 of his concurring opinion (page 52 of the pdf file) UT's Ernie Young
Actions involving Mexican nationals under Alien Tort Claims Act (ATCA) and Federal Tort Claims Act (FTCA)Ashcroft v. American Civil Liberties Union
Constitutionality of the Online Protection Act (COPA)Holland v. Jackson
Ineffective assistance of counselUnited States v. Patane
Suppression of physical evidence obtained after questioning without proper MirandizationMissouri v. Seibert
Admission of post-Mirandization statements obtained as the result of interrogation conducted before MirandizationHamdi v. Rumsfeld
Due process requirements of U.S. citizens detained as enemy combatantsRasul v. Bush
Ability of foreign nationals to challenge in federal court the capture and detention in GuantanamoRumsfeld v. Padilla
Habeas requirements for U.S. citizen detained as an enemy combatantBeard v. Banks
Retroactive use of new rules of criminal procedure in a federal habeas petitionCheney v. United States Dist. Court for D. C.
Discovery of the records from Vice President's energy task forceSchriro v. Summerlin
Retroactive use of rules of criminal procedure in cases that have become final on direct review by a state court of last resortBlakely v. Washington
Justice Scalia cites UT's Prof. Susan Klein on page 15 of his opinion, which is page 17 of the pdf file
Sixth Amendment right to trial by juryTennard v. Dretke
Case argued by UT's Capital Punishment Clinic
Jury consideration of evidence of low IQ as mitigating factor in the penalty phase of a capital trialIntel Corp. v. Advanced Micro Devices, Inc.
Discovery requests in federal court under 28 U.S.C. § 1782(a) for information to be used in proceedings in foreign or international tribunalsPliler v. Ford
Procedural requirements to dismiss mixed habeas corpus petitions, with both exhausted and unexhausted claimsAetna Health Inc. v. Davila
ERISA preemption of medical malpractice claimsHiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.
Police authority to require people to identify themselves during routine stopsF. Hoffman-La Roche Ltd. v. Empagran S. A.
Application of federal antitrust laws in U.S. trade or commerce with foreign nationsPennsylvania State Police v. Suders
Sexual harassment in the workplaceHibbs v. Winn
Injunction on tax credits for tuition paid to religious-based schoolsUnited States v. Dominguez Benitez
Review of procedural error regarding plea agreementNorton v. Southern Utah Wilderness Alliance
Bureau of Land Management (BLM) management of wilderness study areas (WSAs)Elk Grove Unified School Dist. v. Newdow
Standing of non-custodial parent to raise question of the constitutionality of "Under God" in the Pledge of AllegianceColorado General Assembly v. Salazar
Dissenting opinion of Rehnquist, Scalia, and Thomas in the denial of the cert. petition in Colorado Congressional redistricting litigationCity of Littleton v. Z. J. Gifts D-4, L. L. C.
Constitutionality of city ordinance requiring licenses for adult businessesDepartment of Transportation v. Public Citizen
Environmental impact review requirements for federal rules authorizing Mexican trucks on U.S. roadsCentral Laborers' Pension Fund v. Heinz
ERISA review of pension plan administrationRepublic of Austria v. Altmann
Foreign Sovereign Immunities Act jurisdiction regarding art expropriated during WWIIYarborough v. Alvarado
Police custody for Miranda purposesNelson v. Campbell
Use of 42 USC 1983 actions for Eighth Amendment claims seeking injunctive relief in death penalty casesThornton v. United States
Search and seizure of an automobile incident to an arrestSabri v. United States
Constitutionality of federal bribery statute 18 U.S.C. 666(a)(2).Grupo Dataflux v. Atlas Global Group, L. P.
Subject-matter jurisdiction in federal court where diversity is alleged at the time of verdict but not at the time of filing.Tennessee v. Lane
Authority under the sovereign immunity provisions of the Eleventh Amendment for citizens to sue states for damages under Title II of the ADA.Till v. SCS Credit Corp.
Interest rates for installment payments pursuant to a Chapter 13 bankruptcy debt adjustment plan.Tennessee Student Assistance Corporation v. Hood
Authority under the sovereign immunity provisions of the Eleventh Amendment for bankruptcy courts to discharge a student loan guaranteed by a state entity.Middleton v. McNeil
Habeas corpus review of jury instructions.Johnson v. California
Dismissing, for lack of jurisdiction, a claim of discriminatory use of peremptory challenges.Scarborough v. Princpi
Whether collection of attorney's fees under the Equal Access to Justice Act (28 U.S.C. 2412(d)(1)) is time barred.Dretke v. Haley
Procedures for habeas review of convictions under Texas’ habitual offender statute.Jones v. R. R. Donnelley & Sons Co.
Statute of limitations on claims arising under 42 U.S.C. § 1981.Vieth v. Jubelirer
Political gerrymandering claimsEngine Mfrs. Assn. v. South Coast Air Quality Management Dist.
Possible pre-emption of local emission regulations by federal Clean Air Act.Bunting v. Mellen
Opinion of Justice Stevens denying the petition
Dissenting opinion of Justice Scalia
Invocation of God at a VMI ceremonyUnited States v. Lara
Double jeopardy and the “dual sovereigns” doctrine after conviction in Tribal CourtHousehold Credit Services, Inc. v. Pfennig
Truth in Lending Act regulation of consumer credit card issuersNational Archives and Records Administration v. Favish
Freedom of Information Act request regarding the investigation of the death of Vincent Foster Jr., deputy counsel to President ClintonUnited States v. Flores-Montano
Search and seizure of automobile contents at US/Mexico borderBedRoc Limited, LLC v. United States
Meaning of "valuable minerals" under Pittman Underground Water ActNixon v. Missouri Municipal League
Interaction of FCC and state statutes regulating the telecommunications industryUnited States v. Galletti
Statute of limitations in action to collect partnership tax from general partnersSouth Fla. Water Management Dist. v. Miccosukee Tribe
Discharges allegedly prohibited under the Clean Water ActCheney v. United States Dist. Court of D.C.
Opinion of Justice Scalia denying motion for recusalIowa v. Tovar
Effective waiver of counsel, required warnings and notices in connection with acceptance of guilty pleaCrawford v. Washington
Sixth Amendment Confrontation Clause requirements regarding ex parte statementsRaymond B. Yates, M. D., P. C. Profit Sharing Plan v. Hendon
Business owner's status as a participant in pension plan covered by ERISABaldwin v. Reese
Whether state prisoner had "fairly presented" a federal claim to a state courtIllinois v. Fisher
Criminal proceedings need not be dismissed under the due process clause of the 14th Amendment for destruction of evidence by the policed done in good faithGroh v. Ramirez
Unreasonable search under 4th amendmentGeneral Dynamics Land Systems, Inc. v. Cline
Age Discrimination in Employment Act of 1967 does not prevent an employer from favoring an older employee over a younger oneDoe v. Chao
Recovery under the Privacy Act when the plaintiff has not proven actual damagesOlympic Airways v. Husain
Meaning of “accident” under the Warsaw Convention in relation to the death of a passenger during an international flightBanks v. Dretke
Brady claim and concealment of exculpatory evidenceLocke v. Davey
Exclusion of religious programs of study from state-funded scholarship programsPostal Service v. Flamingo Industries (USA) Ltd.
Antitrust liability of US Postal ServiceMuhammad v. Close
Interrelation of petition for habeas corpus under 28 U. S. C. §254, and complaints under the Civil Rights Act of 1871, 42 U. S. C. §1983Mitchell v. Esparza
Decision regarding federal habeas relief in capital case.Barnhart v. Thomas
Appropriateness of judicial review of agency determination under Chevron v. Natural Resources Defense Council, Inc. (467 U. S. 837)Torres v. Mullin, 317 F.3d 1145 (10th Circ., 2003)
Justice Breyer's dissent from denial of cert
Justice Stevens' opinion in respect of denial of cert
Scope of Article 36 of Vienna Convention on Consular Relations in habeas petition by a Mexican national.Concrete Works of Colo., Inc. v. City and County of Denver, 321 F.3d 950 (10th Circ., 2003)
Justice Scalia's dissent from the denial of cert (joined by the Chief Justice)
Challenge to city's affirmative action ordinance establishing participation goals in construction and professional design projects.Raytheon Co. v. Hernandez
ADA claim - distinction between disparate impact and disparate treatment theories.United States v. Banks
Forcible entry by police officers executing a search warrant.Virginia v. Maryland
Dispute between Virginia and Maryland regarding riparian rights on the Potomac River.Maryland v. Pringle
Probable cause for arrest.Castro v. United States
Federal habeas claims under 28 U. S. C. Section 2255.Kontrick v. Ryan
Debtor's reliance on Rule 4004 in bankruptcy proceeding.Frew ex rel. Frew v. Hawkins
Texas case involving enforcement of consent decree against state agency and application of 11th amendment.Illinois V. Lidster
Constitutionality of checkpoint stop under 4th amendment.Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP.
Whether local telecommunications carrier violates Sherman Act in allegedly breaching duty to share network with competitors.SEC v. Edwards
Whether a particular investment scheme is an 'investment contract' under the federal securities laws.Alaska Dept. of Environmental Conservation v. E.P.A.
Authority of EPA to prevent construction of pollutant emitting facility permitted by the state.Fellers v. United States
Sixth Amendment review of incriminating statements made without counsel.Lamie v. United States Trustee
Attorneys fees in a bankruptcy proceeding.
The cases are listed in reverse chronological order by date that the petition was granted:
Pace v. DiGuglielmo , 71 Fed.Appx. 127 (3rd Cir 2003)
(Not selected for publication in the Federal Reporter, NO. 02-3049) Tolling of habeas petitionsSpector v. Norwegian Cruise Lines , 356 F.3d 641 (5th Cir 2004)
Applicability of Americans with Disabilities Act on companies operating foreign-flag ships in U.S. watersJohnson v. U.S , 340 F.3d 1219 (11th Cir 2003)
Federal sentencing regarding the nullification of an enhancing state convictionTory v. Cochran , 2003 WL 22451378 (Cal. App. 2003) (not published)
Constitutionality of a permanent injunction in a defamation case involving Johnnie CochranCity of Rancho Palos Verdes v. Abrams , 354 F.3d 1094 (9th Cir 2004)
Civil rights damages for an individual who was not allowed to build a cellular phone tower antennaKelo v. City of New London, 843 A.2d 500 (Conn. 2004)
Government taking of condemned propertyClingman v. Beaver, 363 F.3d 1048 (10th Cir 2004)
Constitutionality of state election lawsRompilla v. Beard, 355 F.3d 233 (3rd Cir 2004)
Review of jury instructions and ineffective counsel claim in a capital punishment caseU.S. v. Booker, --- F.3d ----, 2004 WL 1535858 (7th Cir. 2004)
U.S. v. Fanfan, [unpublished (1st Circ. 2004)] [consolidated]
Constitutionality of U.S. Sentencing Guidelines in light of the Blakely decisionDura Pharmaceuticals, Inc. v. Broudo, 339 F.3d 933 (9th Cir. 2003)
Securities fraudMiller-El v. Dretke, 361 F.3d 849 (5th Cir. 2004)
Racial discrimination in the use of peremptory challenges in jury selection during criminal trailHowell v. State, 860 So.2d 704 (Miss. 2003)
Proper consideration of federal constitutional claims in state courtRhines v. Weber, 346 F.3d 799 (8th Cir. 2003)
Use of the collateral order doctrine in a federal habeas corpus actionAshcroft v. Raich, 352 F.3d 1222 (9th Cir. 2003)
Constitutionality of federal regulation of medical marijuana under the Controlled Substances ActTenet v. Doe, 353 F.3d 1141 (9th Cir.2004)
Enforcement of CIA financial agreement with former Soviet informantCity of Sherrill, New York v. Oneida Indian Nation of New York, 337 F.3d 139 (2nd Cir. 2003)
State and local taxation of tribal landsBates v. Dow Agrosciences LLC, 332 F.3d 323 (5th Cir. 2003)
Preemption of state tort claims by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)Whitfield v. United States, (U.S. v. Payne), unpublished 88 Fed.Appx. 380 (Table) (11th Cir. 2003)
Hall v. United States, 349 F.3d 1320 (11th Cir. 2003) [consolidated]
Conspiracy to commit money laundering under 18 U.S.C. § 1956(h)
Full question presented hereShepard v. United States, 348 F.3d 308 (1st Cir. 2003)
Definition of "violent felony" or "serious drug offense" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)
Full question presented hereJackson v. Birmingham Board of Education, 309 F.3d 1333 (11th Cir. 2002)
Private right of action under Title XI for a claim of retaliation as a result of sex discrimination against a third party
Full question presentedMuehler v. Mena, 332 F.3d 1255 (9th Circ. 2003)
Search and seizure pursuant to search warrant
Full question presentedSmith v. Massachusetts, 788 N.E.2d 977 (Mass. App. Ct. 2003)
Double Jeopardy
Full question presentedRousey v. Jacoway, 347 F.3d 689 (8th Cir. 2003)
Exemption of IRA's from bankruptcy estates
Full question presentedGoughnour v. Payton, 346 F.3d 1204 (9th Cir. 2003)
Mitigation instructions in capital punishment cases
Full question presentedGranholm v. Michigan Beer & Wine Wholesalers Ass'n, 342 F.3d 517 (6th Cir. 2003)
Michigan Beer & Wine Wholesalers Ass'n V. Heald, 342 F.3d 517 (6th Cir. 2003)
Swedenburg, v. Kelly, 358 F.3d 223 (2nd Cir. 2004) [consolidated]
Regulation of wine shipped from wineries directly to consumers
Full question presented (Granholm v. Michigan Beer & Wine Wholesalers Ass'n)
Full question presented (Michigan Beer & Wine Wholesalers Ass'n V. Heald)
Full question presented(Swedenburg, v. Kelly)
Veneman v. Livestock Marketing Ass'n, 335 F.3d 711 (8th Cir. 2003)
Nebraska Cattlemen, Inc. v. Livestock Marketing Ass'n, 335 F.3d 711 (8th Cir. 2003) [consolidated]
Assessments on beef producers under the Beef Promotion and Research Act of 1985 and its regulations
Full question presented (Veneman v. Livestock Marketing Ass'n)
Full question presented (Nebraska Cattlemen, Inc. v. Livestock Marketing Ass'n)Ballard v. Commissioner of Internal Revenue, 321 F.3d 1037 (11th Cir. 2003)
Estate of Kanter v. Commissioner of Internal Revenue, 337 F.3d 833 (7th Cir. 2003)[Consolidated]
Review of Tax Court’s Special Trial Judge process
Full question presented (Ballard v. CIR)
Full question presented (Estate of Kanter v. CIR)Devenpeck v. Alford, 333 F.3d 972 (9th Cir. 2003)
Fourth Amendment standards for arrest
Full question presentedIllinois v. Caballes, 802 N.E.2d 202 (Ill. 2003)
Search and seizure of automobile during a traffic stop for speeding
Full question presentedPasquantino v. U.S., 336 F.3d 321, (4th Cir. 2003)
Prosecution under the federal wire fraud statute, 18 U.S.C.A. § 1343, for scheme to defraud a foreign government of tax revenue
Full question presentedCherokee Nation of Oklahoma v. Thompson, 311 F.3d 1054 (10th Cir. 2002)
Thompson v. Cherokee Nation of Oklahoma, 334 F.3d 1075 (Fed. Cir. 2003)
Tribal contracts and reimbursement under the Indian Self-Determination and Education Assistance Act
Full question presented (Cherokee Nation of Oklahoma v. Thompson)
Full question presented (Thompson v. Cherokee Nation of Oklahoma)Wilkinson v. Dotson, 329 F.3d 463 (6th Cir. 2003)
Challenge of parole proceeding under 42 U.S.C. § 1983 and the Hicks v. Humphrey "favorable termination requirement."
Full question presentedSmall v. United State, 333 F.3d 425 (Cir. 2003)
Foreign convictions as predicate prior convictions under 18 U.S.C. § 922
Full question presentedC.I.R. v. Banks, 345 F.3d 373 (6th Cir. 2003) [consolidated with]
C.I.R. v. Banaitis, 340 F.3d 1074 (9th Cir. 2003)
Litigant's income tax liability for the portion of damages recovered that is attorney fees under a contingent fee agreement
Full question presented (C.I.R. v. Banks)
Full question presented (C.I.R. v. Banaitis)Smith v. City of Jackson, Mississippi, 351 F.3d 183 (5th Cir. 2003)
Disparate impact theory of liability under the Age Discrimination in Employment Act of 1967
Full question presentedJohnson v. California, 321 F.3d 791 (9th Cir. 2003)
Constitutionality under the Equal Protection Clause of a policy which uses race as a factor in prison housing assignments
Full question presentedFlorida v. Nixon, 857 So.2d 172 (FL. 2003)
Postconviction relief for ineffective assistance of counsel
Full question presentedCrawford v. Martinez, unpublished opinion, Docket No. 03-35053 (9th Cir. Aug. 18, 2003)
reprinted in Appendix A of Petition for Writ: http://www.usdoj.gov/osg/briefs/2003/2pet/7pet/2003-0878.pet.aa.pdf
[This case is consolidated with No. 03-7434, Benitez v. Wallis]
Detention of a deportable alien held more than six months
Full question presentedLeocal v. Ashcroft, unpublished order (June 30, 2003)
Definition of "crime of violence" under 18 U.S.C. 16(a) regarding deportation of aggravated felons.
Full question presentedJama v. INS, 329 F.3d 630 (8th. Cir. 2003)
Removal of an alien to one of the countries designated in 8 USCA § 1231(b)(2)(E)) without the country’s acceptance
Full question presentedStewart v. Dutra Constr. Co., 343 F.3d 10(1st Cir. 2003)
Liability of a dredging company under the Jones Act
Full question presentedRumsfeld v. Padilla, 352 F.3d 695 (2nd Cir. 2003)
Detention of a U.S. citizen as an enemy combatant.Norton v. Southern Utah Wilderness Alliance, 301 F.3d 1217 (10th Cir. 2002)
Administrative Procedure Act and BLM's management of wilderness study areas.CIGNA HealthCare of Texas, Inc. v. Calad & Aetna Health Inc. v. Davila (Roark v. Humana, Inc.), 307 F.3d 298 (5th Cir. 2002)
ERISA preemption of medical malpractice claims.Thornton v. U.S., 325 F.3d 189 (4th Cir. 2003)
Post-arrest search of automobile.Intel Corp. v. Advanced Micro Devices, Inc., 292 F.3d 664 (9th Cir. 2002)
Scope of 28 U.S.C. § 1782, which permits domestic discovery for use in foreign proceedings.Rasul v. Bush (Al Odah v. U.S.), 321 F.3d 1134 (D.C. Cir. 2003)
Fawzi Khalid Abdullah Fahad Al Odah v. U.S. (Al Odah v. U.S.), 321 F.3d 1134 (D.C. Cir. 2003)
Federal court's jurisdiction over aliens detained in Guantanamo Bay Naval Base, Cuba.Central Laborers' Pension Fund v. Heinz, 303 F.3d 802 (7th Cir. 2002)
Pension plan rules under ERISA's "anti-cutback" rule, 29 U.S.C. § 1054(g).Pennsylvania State Police v. Suders, 325 F.3d 432 (3rd Cir. 2003)
Title VII action alleging constructive discharge of an employee.Sosa v. Alvarez-Machain, U.S. v. Alvarez-Machain [consolidated],331 F.3d 604 (9th Cir. 2003)
Actions involving former Mexican policeman under Alien Tort Claims Act (ATCA) and Federal Tort Claims Act (FTCA).Johnson v. California, 1 Cal.Rptr.3d 1 (Cal. 2003)
Standard of proof to demonstrate that peremptory challenges during jury selection are based upon impermissible group bias.Schriro v. Summerlin, 341 F.3d 1082 (9th Cir. 2003)
Federal habeas corpus review.Nelson v. Campbell,347 F.3d 910 (11th Cir.2003)
Whether a §1983 claim constituted a second habeas petition in death penalty case.Department of Transp. v. Public Citizen, 316 F.3d 1002 (9th Cir. 2003)
Review of presidential foreign-affairs actions under the National Environmental Policy Act and Clean Air Act.Cheney v. U.S. Dist. Court for District of Columbia, 334 F.3d 1096 (D.C. Cir. 2003)
Discoverability of activities undertaken by Vice President and others in advising President on national policy matters.Hoffman-LaRoche, Ltd. v. Empagran S.A., 315 F.3d 338 (D.C. Cir. 2003)
Antitrust claims for injuries sustained in transactions occurring entirely outside U.S. commerce.Norfolk Southern R. Co. v. Kirby, 300 F.3d 1300 (11th Cir. 2002)
Shipper's liability, under 'Himalaya clause', for damage to goods.
Full question presentedHamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003)
Detention of American citizen arrested as an enemy combatant in Afghanistan.
Full question presentedCooper Industries, Inc. v. Aviall Services, Inc., 312 F.3d 677 (5th Cir. 2002)
Claim for contribution under CERCLA.
Full question presentedPliler v. Ford, 330 F.3d 1086 (9th Cir. 2003)
Habeas corpus practice after the denial of a previous and related habeas petition.KP Permanent Make-Up, Inc. v. Inc. Lasting Impression, 328 F.3d 1061 (9th Cir. 2003)
Fair use defense to a claim of trademark infringement.
Full question presentedKowalski v. Tesmer, 333 F.3d 683 (6th, Cir. 2003)
Appointment of appellate counsel for criminal indigent defendants who have pled guilty.
Full question presentedKoons Buick Pontiac GMC v. Nigh, 319 F.3d 119 (4th Cir. 2003)
Violations of the Truth In Lending Act in the sale and finance of a truck.
Full question presentedBenitez v. Wallis, 337 F.3d 1289 (11th Cir. 2003)
Habeas petition regarding the indefinite detention of an inadmissable alien from the Mariel boat-lift.
Full question presentedRoper v. Simmons, 112 S.W.3d 397 (Mo. 2003)
Constitutionality, under the Eighth Amendment, of executing individuals for crimes committed as juveniles.
Full question presented