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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1987 Page 8 of about 88 results (0.053 seconds)

Jun 24 1987 (FN)

Buchanan Vs. Kentucky

Court : US Supreme Court

Decided on : Jun-24-1987

buchanan v. kentucky - 483 u.s. 402 (1987) u.s. supreme court buchanan v. kentucky, 483 u.s. 402 (1987) buchanan v. kentucky no. 85-5348 argued january 12, 1987 decided june 24, 1987 483 u.s. 402 certiorari to the supreme court of kentucky syllabus petitioner was tried with a codefendant for murder and related crimes. the trial court dismissed the capital portion of petitioner's indictment. it also denied his motions in which he requested that the jury not be "death qualified," and that there be two juries, one for guilt and the other for sentencing, with the first not being "death qualified." "death qualification" occurs when prospective jurors are excluded for cause in light of their stated inability to set aside their strong opposition to the death penalty. at trial, petitioner attempted to establish the affirmative defense of "extreme emotional disturbance" by having a social worker read from several psychological evaluations that were made following a previous arrest. on cross-examination, the prosecutor attempted to rebut this defense by having the social worker read from another evaluation prepared by dr. robert j. g. lange on the joint motion of the prosecution and counsel for petitioner following his murder arrest. as read to the jury, the report set forth dr. lange's general observations about petitioner's mental state, but did not describe any statements petitioner made about the crimes with which he was charged. after finding both defendants guilty, the jury .....

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Jun 23 1987 (FN)

Bourjaily Vs. United States

Court : US Supreme Court

Decided on : Jun-23-1987

bourjaily v. united states - 483 u.s. 171 (1987) u.s. supreme court bourjaily v. united states, 483 u.s. 171 (1987) bourjaily v. united states no. 85-6725 argued april 1, 1987 decided june 23, 1987 483 u.s. 171 certiorari to the united states court of appeals for the sixth circuit syllabus in a tape-recorded telephone conversation with a federal bureau of investigation (fbi) informant arranging to sell cocaine, angelo lonardo, who had agreed earlier to find individuals to distribute the drug, said he had a "gentleman friend" (petitioner) who had some questions. in a subsequent telephone call, the informant spoke to the "friend" about the drug's quality and the price, and later arranged with lonardo for the sale to take place in a designated parking lot, where lonardo would transfer the drug from the informant's car to the "friend." the transaction took place as planned, and the fbi arrested lonardo and petitioner immediately after lonardo placed the drug into petitioner's car. at petitioner's trial that resulted in his conviction of federal drug charges, including a conspiracy charge, the government introduced, over petitioner's objection, lonardo's telephone statements regarding the "friend's" participation in the transaction. the district court found that, considering both the events in the parking lot and lonardo's statements, the government had established by a preponderance of the evidence that a conspiracy involving lonardo and petitioner existed, that lonardo's .....

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Jun 22 1987 (FN)

Sumner Vs. Nevada Dept. of Prisons

Court : US Supreme Court

Decided on : Jun-22-1987

..... , committed during an escape attempt in which he participated, by a fellow inmate using a fencepost. 355 so.2d at 395. see also acker, at 310 ("prison murders range from contract-like killings to victim-precipitated homicides, such as in defense of or in retaliation to homosexual assault, to the slaying of correctional officers during prison riots") and n. 84. the .....

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Jun 15 1987 (FN)

Booth Vs. Maryland

Court : US Supreme Court

Decided on : Jun-15-1987

..... an agreement or contract for remuneration or the promise of remuneration." "(8) at the time of the murder the defendant was under sentence of death or imprisonment for life." "(9) the defendant committed more ..... attempt to kidnap or abduct." "(5) the victim was a child abducted in violation of 2 of this article." "(6) the defendant committed the murder pursuant to an agreement or contract for remuneration or the promise of remuneration to commit the murder." "(7) the defendant engaged or employed another person to commit the murder and the murder was committed pursuant to .....

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Jun 09 1987 (FN)

Board of Pardons Vs. Allen

Court : US Supreme Court

Decided on : Jun-09-1987

..... the teacher had no legitimate entitlement to continued employment because the page 482 u. s. 382 discretion of the university officials to renew or not renew such a contract was subject to no "cause" limitations. the roth decision teaches that a mere expectation of a benefit -- even if that expectation is supported by consistent government practice -- is not sufficient ..... entitlement to it." id. at 408 u. s. 577 . applying these principles, the roth court found that a teacher had no property interest in a renewal of his 1-year contract despite the fact that most teachers hired on a year-to-year basis by the university were rehired. id. at 408 u. s. 578 , n. 16. the court concluded that .....

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Jun 08 1987 (FN)

iCC Vs. Locomotive Eng'rs

Court : US Supreme Court

Decided on : Jun-08-1987

icc v. locomotive eng'rs - 482 u.s. 270 (1987) u.s. supreme court icc v. locomotive eng'rs, 482 u.s. 270 (1987) interstate commerce commission v. brotherhood of locomotive engineers no. 85-792 argued november 10, 1986 decided june 8, 1987 * 482 u.s. 270 certiorari to the united states court of appeals for the district of columbia circuit syllabus in october, 1982, petitioner interstate commerce commission (icc or commission) issued an order which, inter alia, granted petitioner missouri-kansas-texas railroad co. and another railroad the right to conduct operations using the tracks of a third, newly consolidated carrier. in april, 1983, respondent brotherhood of locomotive engineers (ble) filed a "petition for clarification" asking the icc to declare that the earlier order did not authorize the tenant railroads to use their own crews on routes they had not previously served. in an order served on may 18, 1983, the icc denied the petition, ruling that its prior decision did not require clarification, since the tenant railroads' trackage rights applications had proposed that they use their own crews and the commission's approval of the applications authorized such operations. ble and respondent united transportation union then filed timely petitions for reconsideration of the may 18 order, contending, inter alia, that the tenant railroads' crewing procedures violated employee protections that had been included in the original order. in an order served on october 25, 1983, the .....

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Apr 28 1987 (FN)

Tull Vs. United States

Court : US Supreme Court

Decided on : Apr-28-1987

tull v. united states - 481 u.s. 412 (1987) u.s. supreme court tull v. united states, 481 u.s. 412 (1987) tull v. united states no. 85-1259 argued january 21, 1987 decided april 28, 1987 481 u.s. 412 certiorari to the united states court of appeals for the fourth circuit syllabus the clean water act (act) authorizes injunctive relief against violators (33 u.s.c. 1319(b)) and subjects them to a civil penalty not to exceed $10,000 per day ( 1319(d)). after denying petitioner's timely demand for a jury trial in the government's suit for relief under 1319(b) and 1319(d), the district court imposed civil penalties and granted injunctive relief against petitioner. the court of appeals affirmed, rejecting petitioner's argument that the seventh amendment entitled him to a jury trial on the civil penalties claim. the court held, inter alia, that the district court had exercised statutorily conferred equitable power in assessing monetary penalties. held: 1. the seventh amendment guarantees a jury trial to determine liability in actions by the government seeking civil penalties and injunctive relief under the act. an examination of the nature of such actions and of the remedies sought demonstrates that they are more analogous to "suits at common law" within the meaning of the amendment than they are to cases traditionally tried in courts of equity. pp. 481 u. s. 417 -425. (a) a government suit under 1319(d) is analogous to an action in debt within the jurisdiction of english courts of .....

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Apr 06 1987 (FN)

West Vs. Connrail

Court : US Supreme Court

Decided on : Apr-06-1987

..... with the complaint until 10 months after the cause of action accrues, this result is not inconsistent with our adoption of a 6-month statute of limitations for breach of contract/breach of duty of fair representation claims. see delcostello v. teamsters, 462 u. s. 151 (1983). the administrative scheme for unfair labor practices only requires that the charge be filed .....

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Feb 26 1987 (FN)

Hobbie Vs. Unemplt. Appeals Comm'n

Court : US Supreme Court

Decided on : Feb-26-1987

hobbie v. unemplt. appeals comm'n - 480 u.s. 136 (1987) u.s. supreme court hobbie v. unemplt. appeals comm'n, 480 u.s. 136 (1987) hobbie v. unemployment appeals comm'n of florida no. 85-993 argued december 10, 1986 decided february 26, 1987 480 u.s. 136 appeal from the district court of appeal of florida, fifth district after 2 1/2 years, appellant informed her employer that she was joining the seventh-day adventist church and that, for religious reasons, she would no longer be able to work at the employer's jewelry store on her sabbath. when she refused to work scheduled shifts on friday evenings and saturdays, she was discharged. she then filed a claim for unemployment compensation, which was denied by a claims examiner for "misconduct connected with [her] work" under the applicable florida statute, and the unemployment appeals commission (appeals commission) affirmed. the florida fifth district court of appeal affirmed the appeals commission's order. held: florida's refusal to award unemployment compensation benefits to appellant violated the free exercise clause of the first amendment. sherbert v. verner, 374 u. s. 398 ; thomas v. review board of indiana employment security div., 450 u. s. 707 . (a) when a state denies receipt of a benefit because of conduct mandated by religious belief, thereby putting substantial pressure on an adherent to modify his behavior and to violate his beliefs, that denial must be subjected to strict scrutiny, and can be justified only by .....

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Jun 26 1987 (FN)

Nollan Vs. California Coastal Comm'n

Court : US Supreme Court

Decided on : Jun-26-1987

nollan v. california coastal comm'n - 483 u.s. 825 (1987) u.s. supreme court nollan v. california coastal comm'n, 483 u.s. 825 (1987) nollan v. california coastal commission no. 86-133 argued march 30, 1987 decided june 26, 1987 483 u.s. 825 appeal from the court of appeal of california, second appellate district syllabus the california coastal commission granted a permit to appellants to replace a small bungalow on their beachfront lot with a larger house upon the condition that they allow the public an easement to pass across their beach, which was located between two public beaches. the county superior court granted appellants a writ of administrative mandamus and directed that the permit condition be struck. however, the state court of appeal reversed, ruling that imposition of the condition did not violate the takings clause of the fifth amendment, as incorporated against the states by the fourteenth amendment. held: 1. although the outright taking of an uncompensated, permanent, public access easement would violate the takings clause, conditioning appellants' rebuilding permit on their granting such an easement would be lawful land use regulation if it substantially furthered governmental purposes that would justify denial of the permit. the government's power to forbid particular land uses in order to advance some legitimate police power purpose includes the power to condition such use upon some concession by the owner, even a concession of property rights, so long as .....

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