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Durham V. United States (1971)
''Durham v. United States'', 401 U.S. 481 (1971), was a United States Supreme Court case in which the Court held that the death of a defendant pending a petition for certiorari before the Supreme Court on direct review of the criminal conviction will cause the Court to vacate the conviction. In a ''per curiam'' opinion, the Court wrote that " e unanimity of the lower federal courts" in vacating criminal convictions when the defendant dies during direct review was "impressive" and accordingly vacated the original conviction. In a one-sentence dissent, Justice Marshall, joined by Chief Justice Burger and Justice Stewart, wrote that the Court should dismiss only the petition for writ of certiorari rather than the entire conviction, writing: MR. JUSTICE MARSHALL, whom THE CHIEF JUSTICE and MR. JUSTICE STEWART join, believes that the case should be disposed of as follows: The petitioner having died while his petition for certiorari was pending before this Court, we dismiss the petiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Oregon
The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. Appellate jurisdiction belongs to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Matthew P. Deady served as its first judge. Marco A. Hernandez is the current chief judge. The United States Attorney's Office for the District of Oregon represents the United States in civil and criminal litigation in the court. , the United States Attorney is Natalie K. Wight. Organization The court has four divisional offices within the state (three with staff): Portland, Eugene, Medford, and Pendleton. The Portland Division holds court at the Mark O. Hatfield United States Courthouse and handles cases from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mod ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abatement Ab Initio
Abatement ''ab initio'' (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction. Abatement ''ab initio'' was the subject of two United States Supreme Court decisions, '' Durham v. United States'' (1971) and ''Dove v. United States'' (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals. Cases Abatement ''ab initio'' was used in federal court to overturn the conviction of Enron CEO Kenneth Lay. In the state of Massachusetts, it was used to overturn the convictions of John Salvi, and Aaron Hernandez, both convicted of murder. In the latter case, however, the state appealed the decision; in March 2019 the Massachusetts Supreme Judicial Court reinstated Hernandez's conviction, and ended the use o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. 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 has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Procedure In The United States
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Per Curiam
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not necessarily, unanimously). In contrast to regular opinions, a ''per curiam'' does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting opinions are signed. It is not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions in which the opinion of the court is expressed, with an author listed. The term ''per curiam'' is Latin for "by the court". United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abatement Ab Initio
Abatement ''ab initio'' (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction. Abatement ''ab initio'' was the subject of two United States Supreme Court decisions, '' Durham v. United States'' (1971) and ''Dove v. United States'' (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals. Cases Abatement ''ab initio'' was used in federal court to overturn the conviction of Enron CEO Kenneth Lay. In the state of Massachusetts, it was used to overturn the convictions of John Salvi, and Aaron Hernandez, both convicted of murder. In the latter case, however, the state appealed the decision; in March 2019 the Massachusetts Supreme Judicial Court reinstated Hernandez's conviction, and ended the use o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Consequences Of Criminal Conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning '' American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dove V
Columbidae () is a bird family consisting of doves and pigeons. It is the only family in the order Columbiformes. These are stout-bodied birds with short necks and short slender bills that in some species feature fleshy ceres. They primarily feed on seeds, fruits, and plants. The family occurs worldwide, but the greatest variety is in the Indomalayan and Australasian realms. The family contains 344 species divided into 50 genera. Thirteen of the species are extinct. In English, the smaller species tend to be called "doves" and the larger ones "pigeons". However, the distinction is not consistent, and does not exist in most other languages. Historically, the common names for these birds involve a great deal of variation between the terms. The bird most commonly referred to as just "pigeon" is the domestic pigeon, which is common in many cities as the feral pigeon. Doves and pigeons build relatively flimsy nests, often using sticks and other debris, which may be placed on bra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1971 In United States Case Law
* The year 1971 had three partial solar eclipses (Solar eclipse of February 25, 1971, February 25, Solar eclipse of July 22, 1971, July 22 and Solar eclipse of August 20, 1971, August 20) and two total lunar eclipses (February 1971 lunar eclipse, February 10, and August 1971 lunar eclipse, August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured 1971 Ibrox disaster, during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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