Sidebilder
PDF
ePub

HABEAS CORPUS.

1. Capital murder-Actual innocence claimNewly discovered evi-
dence.-Petitioner's showing of "actual innocence” in affidavits filed 10
years after his Texas conviction on capital murder charges did not entitle
him to federal habeas relief from his death sentence. Herrera v. Collins,

p. 390.

2. Capital murderIneffective assistance of counsel claim-Newly
discovered evidence.-Court of Appeals erred by refusing, during second
habeas proceeding on petitioner's Georgia death sentence, to consider
newly discovered sentencing hearing transcript which called into doubt
basis for denial of his ineffective assistance claim in first proceeding.
Dobbs v. Zant, p. 357.

3. Capital murderNew rule.-Petitioner's claim that a Texas jury did
not give effect, consistent with Eighth and Fourteenth Amendments, to
mitigating evidence in sentencing him to death was barred because relief
he sought would require announcement of a new rule of constitutional law
in contravention of principles set forth in Teague v. Lane, 489 U. S. 288,
301. Graham v. Collins, p. 461.
HEALTH INSURANCE. See Employee Retirement Income Security

Act of 1974.

HEARING LOSS. See Longshore and Harbor Workers' Compensa-

tion Act.

HOME OFFICE EXPENSES. See Taxes, 3.

ILLINOIS. See Constitutional Law, VI.
IMMUNITY FROM SUIT. See Appeals.

IMPEACHMENT TRIAL CLAUSE. See Constitutional Law, IV.

IN ABSENTIA TRIALS. See Criminal Law, 2.
INCOME TAXES. See Taxes.
INEFFECTIVE ASSISTANCE OF COUNSEL. See Constitutional

Law, V; Habeas Corpus, 2.
IN FORMA PAUPERIS. See also Supreme Court, 2.

"Person-Artificial entities.—Only a natural person may qualify for
treatment in forma pauperis under 28 U. S. C. $ 1915. Rowland v. Cali-
fornia Men's Colony, Unit II Men's Advisory Council, p. 194.
IN REM FORFEITURES. See Jurisdiction, 1.
INTERNAL REVENUE CODE. See Taxes.
INTERNAL REVENUE SERVICE. See Constitutional Law, I; Taxes.

INVASION OF PRIVACY. See Constitutional Law, I.

JUDICIAL REVIEW. See Constitutional Law, IV.
JURISDICTION.

1. In rem forfeitureRemoval of res from district.—Court of Appeals
was not divested of jurisdiction over an in rem civil forfeiture proceeding
when prevailing party removed res to another district. Republic Nat.
Bank of Miami v. United States, p. 80.

2. Original jurisdictionThird-party intervenor.—Title 28 U.S.C.
$ 1251(a), granting to this Court original and exclusive jurisdiction of all
controversies between two States, deprived District Court of jurisdiction
over Louisiana's third-party complaint against Mississippi in a private
quiet title action. Mississippi v. Louisiana, p. 73.
JUSTICIABILITY. See Constitutional Law, IV.

KENTUCKY. See Constitutional Law, III.

LIBERTY INTERESTS. See Constitutional Law, VI.

LIMITATIONS PERIODS. See Taxes, 1.

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT.

Disability benefitsScheduled injury.-Claims for hearing loss,
whether filed by current workers or retirees, are claims for a scheduled
injury and must be compensated under $8(c)(13) of Act. Bath Iron Works
Corp. v. Director, Office of Workers' Compensation Programs, p. 153.
LOUISIANA. See Jurisdiction, 2.

MINERAL DEPOSITS. See Taxes, 2.

MINIMUM TAX. See Taxes, 2.

MISSISSIPPI. See Jurisdiction, 2.

MOBILE HOME SEIZURES. See Constitutional Law, VI.

MONOPOLY. See Antitrust Acts.

MOOTNESS. See Constitutional Law, I.

MURDER. See Constitutional Law, II; V; Habeas Corpus; Stays.

MUTUALLY EXCLUSIVE DEFENSES. See Criminal Law, 1.

NEWLY DISCOVERED EVIDENCE. See Habeas Corpus, 1, 2.

NEW RULE. See Habeas Corpus, 3.

OBJECTIONS AT TRIAL. See Constitutional Law, V.

ORIGINAL JURISDICTION. See Jurisdiction, 2.

PERSONS. See In Forma Pauperis.

POLITICAL QUESTIONS. See Constitutional Law, IV.

PRE-EMPTION OF STATE LAW. See Employee Retirement Income

Security Act of 1974.

PREPAYMENT OF FEES. See In Forma Pauperis.

PREVAILING PARTIES. See Attorney's Fees.

PRINCIPAL PLACE OF BUSINESS. See Taxes, 3.

PRISONS. See In Forma Pauperis.

PRIVACY RIGHTS. See Constitutional Law, I; VI.

PRIVATE CAUSES OF ACTION. See Civil Rights Act of 1871.

QUIET TITLE ACTIONS. See Jurisdiction, 2.

REPETITIOUS FILINGS. See Supreme Court, 2.

RIGHT TO COUNSEL. See Constitutional Law, V; Habeas Corpus,

2.

RIGHT TO PRIVACY. See Constitutional Law, I; VI.

SCHEDULED INJURIES. See Longshore and Harbor Workers' Com-

pensation Act.

SEARCHES AND SEIZURES. See Constitutional Law, VI.

SECTION 1985. See Civil Rights Act of 1871.

SENATE RULES. See Constitutional Law, IV.

SENTENCE ENHANCEMENT. See Constitutional Law, III.

SENTENCING. See Constitutional Law, II; III; V; Habeas Corpus,

3.

SEVERANCE OF CODEFENDANTS. See Criminal Law, 1.

SHAREHOLDERS. See Taxes, 1.

SHERMAN ACT. See Antitrust Acts.

SIXTH AMENDMENT. See Constitutional Law, V.

SMALL BUSINESSES. See Taxes, 1.

STAYS.

Execution.—Applicant's request to stay his execution was granted
pending further order by Court or Circuit Justice, since there was insuffi-
cient time to consider application's merits. Grubbs v. Delo (BLACKMUN,
J., in chambers), p. 1301.

SUBCHAPTER S CORPORATIONS. See Taxes, 1.

SUMMONS. See Constitutional Law, I.

SUPREME COURT. See also Jurisdiction, 2.

1. Notation of the death of Justice Marshall (retired), p. VII.

2. In forma pauperis-Repetitious filings-Abuse of process.—Peti-
tioner, a repetitious filer of frivolous petitions and abuser of certiorari
process, was denied in forma pauperis status in instant cases and any
further petitions for certiorari in noncriminal matters. Martin v. District
of Columbia Court of Appeals, p. 1.

TAXES.

1. Federal income taxes-Corporation shareholderLimitations pe-
riod for assessing liability.—Limitations period for assessing income tax
liability of a shareholder of a corporation qualified as a small business
under subchapter S of Internal Revenue Code runs from date on which
shareholder's return is filed. Bufferd v. Commissioner, p. 523.

2. Federal income taxesDeductionsDepreciation expenses.—For
purposes of computing a minimum tax on mineral deposits, term “adjusted
basis," as used in 26 U. S. C. $57(a)(8) (1976 ed.), does not include certain
depreciable drilling and development costs identified in Treas. Reg.
§ 1.612–4(c)(1). United States v. Hill, p. 546.

3. Federal income taxes-DeductionsHome office expenses.-An of-
fice in a taxpayer's home may qualify as his “principle place of business”
under 26 U. S. C. $ 280A(C)(1)(A) if it is most important or significant place
that business is conducted. Commissioner v. Soliman, p. 168.
TEAGUE RULE. See Habeas Corpus, 3.

TEXAS. See Habeas Corpus, 1, 3.

THIRD-PARTY COMPLAINTS. See Jurisdiction, 2.

WAIVER OF FEES. See In Forma Pauperis.

WORDS AND PHRASES.

1. “Person.” 28 U. S. C. $ 1915(a). Rowland v. California Men's Col-
ony, Unit II Men's Advisory Council, p. 194.

2. Principal place of business.” Internal Revenue Code, 26 U. S. C.
$ 280A(C)(1)(A). Commissioner v. Soliman, p. 168.

WORDS AND PHRASES-Continued.

3. “Relate[s] to.” $514(a), Employee Retirement Income Security
Act of 1974, 29 U.S. C. $ 1144(a). District of Columbia v. Greater Wash-
ington Bd. of Trade, p. 125.
WORKERS' COMPENSATION. See Employee Retirement Income

Security Act of 1974; Longshore and Harbor Workers' Compen-
sation Act.

« ForrigeFortsett »