Slack v. McDaniel | |
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Argued October 4, 1999 Reargued March 29, 2000 Decided April 26, 2000 | |
Full case name | Antonio Slack v. McDaniel, Warden, et al. |
Citations | 529 U.S. 473 ( more ) 120 S. Ct. 1595; 146 L. Ed. 2d 542 |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by unanimous court (part I); Rehnquist, O'Connor, Scalia, Thomas, Ginsburg (part II); Rehnquist, Stevens, O'Connor, Souter, Ginsburg, Breyer (parts III, IV) |
Concurrence | Stevens, joined by Souter, Breyer |
Concur/dissent | Scalia, joined by Thomas |
Slack v. McDaniel, 529 U.S. 473 (2000), was a United States Supreme Court case in which the Court held that under the Antiterrorism and Effective Death Penalty Act of 1996, a certificate of appealability must be issued by a circuit Justice of judge before an appeal can proceed. The certificate of appealability (COA) may only be issued if the applicant "has made a substantial showing of the denial of a constitutional right." [1]
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of the United States Congress signed into law on April 24, 1996. The bill was introduced by then-Senate Majority Leader Bob Dole and passed with broad bipartisan support by Congress following the 1993 World Trade Center bombing and the 1995 Oklahoma City bombing. It was signed into law by President Bill Clinton.
In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right."
The California courts of appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts. The courts of appeal form the largest state-level intermediate appellate court system in the United States, with 105 justices.
United States v. Playboy Entertainment Group, 529 U.S. 803 (2000), is a United States Supreme Court case in which the Court struck down Section 505 of the Telecommunications Act of 1996, which required that cable television operators completely scramble or block channels that are "primarily dedicated to sexually-oriented programming" from 10 pm to 6 am.
Daniel v. Waters, 515 F.2d 485 was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment clause of the US Constitution.
Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U.S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.
Florida v. J. L., 529 U.S. 266 (2000), held that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and what he or she might look like but that did not furnish information as to any illegal conduct that the person might be planning.
Erie v. Pap's A. M., 529 U.S. 277 (2000), was a landmark decision by the Supreme Court of the United States regarding nude dancing as free speech. The court held that an ordinance banning public nudity did not violate the operator of a totally nude entertainment establishment's constitutional right to free speech.
In United States criminal law, the border search exception or doctrine is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. The doctrine is not regarded as an exception to the Fourth Amendment, but rather to its requirement for a warrant or probable cause. Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation of privacy less at the border than in the interior, the Fourth Amendment balance between the interests of the government and the privacy right of the individual is also struck much more favorably to the government at the border. This balance at international borders means that routine searches are "reasonable" there, and therefore do not violate the Fourth Amendment's proscription against "unreasonable searches and seizures".
Board of Regents of the University of Wisconsin System v. Southworth, 529 U.S. 217 (2000), is a ruling by the Supreme Court of the United States which held that public universities may subsidize campus groups by means of a mandatory student activity fee without violating the students' First Amendment rights.
Davenport v. Washington Education Association, 551 U.S. 177 (2007), is a ruling by the Supreme Court of the United States in which the Court held that it does not violate the First Amendment for a state to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember's agency fees for election-related purposes.
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), was a U.S. Supreme Court case that limited access to federal court for plaintiffs alleging uncompensated takings of private property under the Fifth Amendment.
Christensen v. Harris County, 529 U.S. 576 (2000), is a Supreme Court of the United States case holding that a county's policy of requiring employees to schedule time off to avoid accruing time off was not prohibited by the Fair Labor Standards Act.
Bond v United States, 529 U.S. 334 (2000), was a United States Supreme Court Fourth Amendment case that applied the ruling of Minnesota v. Dickerson to luggage, which held that police may not physically manipulate items without a warrant without violating the Fourth Amendment.
Same-sex marriage has been legally recognized in the U.S. state of Colorado since October 7, 2014.
Geier v. American Honda Motor Company, 529 U.S. 861 (2000), was a United States Supreme Court case in which the Court held that a federal automobile safety standard pre-empted a stricter state rule. The Court held that Alexis Geier, who suffered severe injuries in a 1987 Honda Accord, could not sue Honda for failing to install a driver-side airbag—a requirement under District of Columbia tort law but not Federal law—because Federal law pre-empted the District's rule.
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law.
Wal-Mart v. Dukes, 564 U.S. 338 (2011), was a United States Supreme Court case. The case was an appeal from the Ninth Circuit's decision in Dukes v. Wal-Mart Stores, Inc. in which the Supreme Court, by a 5-4 decision, reversed the district court's decision to certify a class action lawsuit in which the plaintiff class included 1.6 million women who currently work or have worked for Walmart stores, including the lead plaintiff, Betty Dukes. Dukes, a current Walmart employee, and others alleged gender discrimination in pay and promotion policies and practices in Walmart stores.
A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone."
POM Wonderful LLC v. Coca-Cola Co., 573 U.S. ___ (2014), was United States Supreme Court case that held that a statutory private right of action under the Lanham Act is not precluded by regulatory provisions of the Food, Drug, and Cosmetic Act.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
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