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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: us supreme court Year: 2003 Page 7 of about 67 results (0.049 seconds)

Nov 03 2003 (FN)

Mitchell Vs. Esparza

Court : US Supreme Court

Decided on : Nov-03-2003

mitchell v. esparza - 02-1369 (2003) mitchell v. esparza - 02-1369 (2003) per curiam mitchell v. esparza 540 u. s. ____ (2003) supreme court of the united states betty mitchell, warden v. gregory esparza on petition for writ of certiorari to the united states court of appeals for the sixth circuit no. 02 1369. decided november 3, 2003 per curiam. the court of appeals for the sixth circuit affirmed the grant of habeas relief to respondent gregory esparza after concluding that, because the eighth amendment requires the state to narrow the class of death eligible defendants, the ohio court of appeals had improperly subjected respondent s claims to harmless-error review. 310 f. 3d 414 (2002). this decision ignores the limits imposed on federal habeas review by 28 u. s. c. 2254(d), and we therefore grant the petition for certiorari and reverse. in february 1983, respondent esparza entered a store in toledo, ohio, and approached two employees, melanie gerschultz and james barailloux. no one else was in the store. at gunpoint, he ordered gerschultz to open the cash register. barailloux meanwhile fled the store through a rear door, entering the attached home of the storeowner, evelyn krieger. as barailloux was alerting krieger to the robbery, he heard a gunshot. barailloux and krieger returned to the store and found gerschultz lying on the floor, fatally wounded by a single gunshot to her neck. the cash register was open and approximately $110 was missing. respondent was charged .....

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Dec 02 2003 (FN)

Raytheon Co. Vs. Hernandez

Court : US Supreme Court

Decided on : Dec-02-2003

raytheon co. v. hernandez - 02-749 (2003) syllabus october term, 2003 raytheon co. v. hernandez supreme court of the united states raytheon co. v. hernandez certiorari to the united states court of appeals for the ninth circuit no. 02 749. argued october 8, 2003 decided december 2, 2003 after respondent tested positive for cocaine and admitted that his behavior violated petitioner s workplace conduct rules, he was forced to resign. more than two years later, he applied to be rehired, stating on his application that petitioner had previously employed him, and attaching letters both from his pastor about his active church participation and from an alcoholics anonymous counselor about his regular attendance at meetings and his recovery. the employee who reviewed and rejected respondent s application testified that petitioner has a policy against rehiring employees who are terminated for workplace misconduct and that she did not know that respondent was a former drug addict when she rejected his application. respondent filed a charge with the equal employment opportunity commission (eeoc), claiming that he had been discriminated against in violation of the americans with disabilities act of 1990 (ada). the eeoc issued a right-to-sue letter, and respondent filed this ada action, arguing that petitioner rejected his application because of his record of drug addition and/or because he was regarded as being a drug addict. in response to petitioner s summary judgment motion, .....

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Dec 10 2003 (FN)

McConnell Vs. Federal Election Comm'n

Court : US Supreme Court

Decided on : Dec-10-2003

..... . 58 , 65, n. 6 (1963) ( the constitutional guarantee of freedom of the press embraces the circulation of books as well as their publication ). division of labor requires a means of mediating exchange, and in a commercial society, that means is supplied by money. the publisher pays the author for the right to sell his book; it pays its staff who print .....

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Dec 15 2003 (FN)

Maryland Vs. Pringle

Court : US Supreme Court

Decided on : Dec-15-2003

maryland v. pringle - 02-809 (2003) syllabus october term, 2003 maryland v. pringle supreme court of the united states maryland v. pringle certiorari to the court of appeals of maryland no. 02 809. argued november 3, 2003 decided december 15, 2003 a police officer stopped a car for speeding at 3:16 a.m.; searched the car, seizing $763 from the glove compartment and cocaine from behind the back-seat armrest; and arrested the car s three occupants after they denied ownership of the drugs and money. respondent pringle, the front-seat passenger, was convicted of possession with intent to distribute cocaine and possession of cocaine, and was sentenced to 10 years incarceration without the possibility of parole. the maryland court of special appeals affirmed, but the state court of appeals reversed, holding that, absent specific facts tending to show pringle s knowledge and dominion or control over the drugs, the mere finding of cocaine in the back armrest when pringle was a front-seat passenger in a car being driven by its owner was insufficient to establish probable cause for an arrest for possession. held: because the officer had probable cause to arrest pringle, the arrest did not contravene the fourth and fourteenth amendments. maryland law authorizes police officers to execute warrantless arrests, inter alia , where the officer has probable cause to believe that a felony has been committed or is being committed in the officer s presence. here, it is uncontested that the .....

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Dec 15 2003 (FN)

Castro Vs. United States

Court : US Supreme Court

Decided on : Dec-15-2003

castro v. united states - 02-6683 (2003) syllabus october term, 2003 castro v. united states supreme court of the united states castro v. united states certiorari to the united states court of appeals for the eleventh circuit no. 02 6683. argued october 15, 2003 decided december 15, 2003 in 1994, petitioner castro attacked his federal drug conviction in a pro se motion for a new trial pursuant to federal rule of criminal procedure 33. the government responded that the claims were more cognizable as federal habeas claims under 28 u. s. c. 2255. the district court denied castro s motion on the merits, referring to it as both a rule 33 and a 2255 motion. castro did not challenge this recharacterization of his motion on his pro se appeal, and the eleventh circuit summarily affirmed. in 1997, castro, again pro se, filed a 2255 motion raising, inter alia, a new claim for ineffective assistance of counsel. the district court denied the motion, but the eleventh circuit remanded for the district court to consider, among other things, whether this was castro s second 2255 motion. the district court appointed counsel, determined that the 1997 motion was indeed castro s second 2255 motion (the 1994 motion being his first), and dismissed the motion for failure to comply with 2255 s requirement that castro obtain the court of appeals permission to file a second or successive motion. the eleventh circuit affirmed. held: 1. this court s review of castro s claim is not barred by the .....

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Dec 18 2003 (SC)

Ram Swaroop and anr. Vs. Mahindru and ors.

Court : Supreme Court of India

Decided on : Dec-18-2003

Reported in : 2004(5)ALD7(SC); 2004(2)BLJR1446; 2004(1)CTC272; JT2003(10)SC422; 2003(10)SCALE92; (2003)12SCC436

a.c. lakshmanan, j.1. the above appeal was filed by the defendants against the order dated 07.01.1997 passed by the high court of himachal pradesh at shimla in r.s.a. no. 66 of 1987.2. the brief facts leading to the filing of the present appeal are:-3. once krishan dutt, who is the father of the respondents herein, (lrs of plaintiff) filed a suit for declaration in the court of senior sub-judge mahasu at shimla and prayed for a decree of declaration thereby declaring the respondent to be in joint possession of the property having 1/3rd share and for partition of his share in respect of shops, vacant plots and for a decree for rendition of accounts. the respondents alleged in the plaint that the appellants/defendants are joint owners of the property detailed in the plaint that the respondents have got 1/3rd share in the properties and are accordingly entitled to 1/3rd share by partition, the parties being in joint possession of the properties. 4. the appellants filed their written statement and apart from taking legal objections have contended that there is no cause of action nor locus standi of the respondents to file the suit that kanshi ram (first husband of gangi) died about 32 years ago and gangi the widow of kanshi ram inherited the properties. it has been further submitted that after about one year of the death of shri kanshi ram, smt. gangi in accordance with the customs prevailing in the area became the wife of bala ram, the father of the appellants/defendants and on .....

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Dec 19 2003 (SC)

Purshottam Das Tandon Vs. Military Estate Officer and ors.

Court : Supreme Court of India

Decided on : Dec-19-2003

Reported in : JT2003(10)SC268; 2003(10)SCALE87; (2004)1SCC559

orderashok bhan, j.1. this order shall dispose of civil appeal no. 7284 of 2001 arising from the order of the division bench of the high court of judicature at allahabad dated january 7, 2000 in civil misc. writ petition no. 13353 of 1992 and civil appeal no. 6637 of 2003 arising from the order of the another division bench of the high court of judicature at allahabad dated 5th march, 2003 in civil misc. writ petition no. 28558 of 2002. both the impugned orders pertain to the same set of property between the same parties. seemingly, there is a contradiction and inconsistency in the two orders passed by the two different benches. for the reasons stated hereinafter the matters need to be remanded back to the high court for a fresh decision for disposal by taking them up together to avoid any contradiction or inconsistency.facts in civil appeal no. 7284 of 20012. the property in dispute situate in survey no. 143, old cantonment, allahabad was put to auction in execution of a decree against the judgment debtors-scott and spencer. the property in dispute was put to auction on 25th november, 1848 and was purchased by the decree holder lala manohar lal, (grand father of the appellant) for a sum of rs. 2,900/-. the auction sale was confirmed by the court on 27.12.1848. respondents on behalf of the union of india on the strength of governor general's order no. 179 dated 12th september, 1836 issued a resumption notice dated 26th december, 1968 to the appellant and tried to take .....

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