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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1994 Page 4 of about 58 results (0.068 seconds)

Oct 03 1994 (FN)

Schlup Vs. Delo

Court : US Supreme Court

Decided on : Oct-03-1994

schlup v. delo - 513 u.s. 298 (1994) october term, 1994 syllabus schlup v. delo, superintendent, potosi correctional center certiorari to the united states court of appeals for the eighth circuit no.93-7901. argued october 3, 1994-decided january 23,1995 petitioner schlup, a missouri prisoner, was convicted of participating in the murder of a fellow inmate and sentenced to death. in this, his second federal habeas petition, he alleged that constitutional error at his trial deprived the jury of critical evidence that would have established his innocence. the district court declined to reach the petition's merits, holding that schlup could not satisfy the threshold showing of "actual innocence" required by sawyer v. whitley, 505 u. s. 333 , 336, under which a petitioner must demonstrate "by clear and convincing evidence that, but for a constitutional error, no reasonable juror would have found" him guilty. held: the standard of murray v. carrier, 477 u. s. 478 -which requires a habeas petitioner to show that "a constitutional violation has probably resulted in the conviction of one who is actually innocent," id., at 496rather than the more stringent sawyer standard, governs the miscarriage of justice inquiry when a petitioner who has been sentenced to death raises a claim of actual innocence to avoid a procedural bar to the consideration of the merits of his constitutional claims. pp. 313-332. (a) in contrast to the actual innocence claim asserted in herrera v. collins, 506 u. .....

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May 31 1994 (FN)

Waters Vs. Churchill

Court : US Supreme Court

Decided on : May-31-1994

..... causal connection between the employee's speech and her discharge is all the "retaliation" that must be shown. see perry, 408 u. s., at 598 (nonrenewal of a teacher's contract "may not be predicated on his exercise of first and fourteenth amendment rights"); ibid. ("[a] teacher's public criticism of his superiors on matters of public concern may be constitutionally ..... fundamental constitutional right than the law ordinarily provides for less exalted rights, including contractual and statutory rights applicable in the private sector. if, for example, a hospital employee had a contract providing that she could retain her job for a year if she followed the employer's rules and did competent work, that employee ion review of the court of appeals ..... actor assumes the risk that an impartial adjudicator may come to a different conclusion." post, at 696. but that is true in contractual realms only to the extent that the contract provides a "right" whose elimination constitutes a legal "detriment." an employee dismissable at will can 692 scalia, j., concurring in judgment be fired on the basis of an erroneous factual ..... complaints are hearsay. it is true that these practices involve some risk of erroneously punishing protected speech. the government may certainly choose to adopt other practices, by law or by contract. but we do not believe that the first amendment requires it to do so. government employers should be allowed to use personnel procedures that differ from the evidentiary 677 rules .....

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May 23 1994 (FN)

Nlrb Vs. Health Care and Retirement Corp. of America

Court : US Supreme Court

Decided on : May-23-1994

..... he shall not sit on the side of the employee, but shall sit on the side of the employer .... no man can serve two masters. if you are negotiating a contract, a lawyer does not represent both clients. that is all that is involved here." 596 the court does not deny that the phrase "in the interest of the employer" was .....

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Apr 18 1994 (FN)

Heck Vs. Humphrey

Court : US Supreme Court

Decided on : Apr-18-1994

heck v. humphrey - 512 u.s. 477 (1994) october term, 1993 syllabus heck v. humphrey et al. certiorari to the united states court of appeals for the seventh circuit no. 93-6188. argued april 18, 1994-decided june 24,1994 while petitioner heck's direct appeal from an indiana conviction was pending, he filed this suit under 42 u. s. c. 1983, seeking damagesbut not injunctive relief or release from custody-on the claim that respondents, acting under color of state law, had engaged in unlawful acts that had led to his arrest and conviction. mter the federal district court dismissed this action without prejudice, the indiana supreme court upheld heck's conviction and sentence, and his two petitions for federal habeas relief were rejected. the court of appeals then affirmed the dismissal of the 1983 complaint and approved the district court's reasoning: if the plaintiff in a federal civil rights action is challenging the legality of his conviction, so that his victory would require his release even if he had not sought that relief, the suit must be classified as a habeas corpus action and dismissed if the plaintiff has failed to exhaust his state remedies. held: in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared .....

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Jan 19 1994 (FN)

Weiss Vs. United States

Court : US Supreme Court

Decided on : Jan-19-1994

weiss v. united states - 510 u.s. 163 (1994) october term, 1993 syllabus weiss v. united states certiorari to the united states court of military appeals no. 92-1482. argued november 3, 1993-decided january 19, 1994* mter courts-martial sentenced petitioners weiss and hernandez, united states marines, on their pleas of guilty to offenses under the uniform code of military justice (ucmj), their convictions were affirmed by the navy-marine corps court of military review in separate appeals. in affirming weiss' conviction, the court of military appeals rejected his contentions, first, that military trial and appellate judges have no authority to convict because the method of their appointment by the various judge advocates general under the ucmj violates the appointments clause, u. s. const., art. ii, 2, cl. 2, and, second, that such judges' lack of a fixed term of office violates the fifth amendment's due process clause. based on this decision, the court summarily affirmed hernandez' conviction. held: 1. the current method of appointing military judges does not violate the appointments clause, which, inter alia, requires the president to appoint "officers of the united states" with the advice and consent of the senate. all of the military judges involved in these cases were already commissioned military officers when they were assigned to serve as judges, and thus they had already been appointed pursuant to the clause. the position of military judge is not so different from .....

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Jan 12 1994 (FN)

Turner Broadcasting System, Inc. Vs. Fcc

Court : US Supreme Court

Decided on : Jan-12-1994

turner broadcasting system, inc. v. fcc - 512 u.s. 622 (1994) october term, 1993 syllabus turner broadcasting system, inc., et al. v. federal communications commission et al. appeal from the united states district court for the district of columbia no. 93-44. argued january 12, 1994-decided june 27,1994 concerned that a competitive imbalance between cable television and over-the-air broadcasters was endangering the broadcasters' ability to compete for a viewing audience and thus for necessary operating revenues, congress passed the cable television consumer protection and competition act of 1992. sections 4 and 5 of the act require cable television systems to devote a specified portion of their channels to the transmission of local commercial and public broadcast stations. soon after the act became law, appellants, numerous cable programmers and operators, challenged the constitutionality of the must-carry provisions. the district court granted the united states and intervenordefendants summary judgment, ruling that the provisions are consistent with the first amendment. the court rejected appellants' argument that the provisions warrant strict scrutiny as a content-based regulation and sustained them under the intermediate standard of scrutiny set forth in united states v. o'brien, 391 u. s. 367 , concluding that they are sufficiently tailored to serve the important governmental interest in the preservation of local broadcasting. held: the judgment is vacated, and the case .....

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Jan 11 1994 (FN)

Ratzlaf Vs. United States

Court : US Supreme Court

Decided on : Jan-11-1994

ratzlaf v. united states - 510 u.s. 135 (1994) october term, 1993 syllabus ratzlaf et ux. v. united states certiorari to the united states court of appeals for the ninth circuit no. 92-1196. argued november 1, 1993-decided january 11, 1994 as here relevant, federal law requires a domestic bank involved in a cash transaction exceeding $10,000 to file a report with the secretary of the treasury, 31 u. s. c. 5313(a), 31 cfr 103.22(a); makes it illegal to "structure" a transaction-i. e., to break up a single transaction above the reporting threshold into two or more separate transactions-"for the purpose of evading the reporting requiremen[t]," 31 u. s. c. 5324(3); and sets out criminal penalties for "[a] person willfully violating" the antistructuring provision, 5322(a). mter the judge at petitioner waldemar ratzlaf's trial on charges of violating 5322(a) and 5324(3) instructed the jury that the government had to prove both that the defendant knew of the 5313(a) reporting obligation and that he attempted to evade that obligation, but did not have to prove that he knew the structuring in which he engaged was unlawful, ratzlaf was convicted, fined, and sentenced to prison. in affirming, the court of appeals upheld the trial court's construction of the legislation. held: to give effect to 5322(a)'s "willfulness" requirement, the government must prove that the defendant acted with knowledge that the structuring he or she undertook was unlawful, not simply that the defendant's .....

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Apr 25 1994 (FN)

Williamson Vs. United States

Court : US Supreme Court

Decided on : Apr-25-1994

..... two spoke in person later in the day. harris also said that he had rented the car a few days earlier and had included williamson's name on the rental contract because williamson was going to be in the fort lauderdale area with him. id., at 38-39. after agent walton sought to arrange a controlled delivery, harris retracted the story .....

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Apr 20 1994 (FN)

Honda Motor Co. Vs. Oberg

Court : US Supreme Court

Decided on : Apr-20-1994

..... the politics of jury power, 91 colum. l. rev. 142, 156, and n. 69 (1991); see also id., at 156-158, 163, and n. 112. more revealing, the court notably contracts the scope of its inquiry. it asks: did common-law judges claim the power to overturn jury verdicts they viewed as excessive? but full and fair historical inquiry ought to .....

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Mar 22 1994 (FN)

Shannon Vs. United States

Court : US Supreme Court

Decided on : Mar-22-1994

shannon v. united states - 512 u.s. 573 (1994) october term, 1993 syllabus shannon v. united states certiorari to the united states court of appeals for the fifth circuit no. 92-8346. argued march 22, 1994-decided june 24,1994 in the insanity defense reform act of 1984 (idra or act), congress made insanity an affirmative defense, created a special verdict of "not guilty only by reason of insanity" (ngi), and established a comprehensive civil commitment procedure. at his trial on a federal criminal charge, petitioner shannon raised the insanity defense and asked the district court to instruct the jury that an ngi verdict would result in his involuntary commitment. the court refused, and the jury returned a guilty verdict. in affirming, the court of appeals noted that, under its pre-idra precedent, juries were not to be instructed concerning the consequences of an insanity acquittal. because there was no directive in the idra to the contrary, the court "adhere[d] to the established axiom that it is inappropriate for a jury to consider or be informed about the consequences of its verdict." held: a federal district court is not required to instruct the jury regarding the consequences to the defendant of an ngi verdict. pp.579-588. (a) the principle that juries are not to consider the consequences of their verdicts is a reflection of the basic division of labor between the judge as sentencer and the jury as trier of fact. providing jurors sentencing information invites them to .....

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