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2010 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down ten per curiam opinions during its 2010 term, which began October 4, 2010 and concluded October 1, 2011.[1]

Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted.

Court membership edit

Chief Justice: John Roberts

Associate Justices: Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan

Wilson v. Corcoran edit

Full caption:Bill K. Wilson, Superintendant [sic], Indiana State Prison v. Joseph E. Corcoran
Citations:562 U.S. 1; 131 S. Ct. 13
Prior history:Petition granted sub nom., Corcoran v. Buss, 483 F.Supp.2d 709 (N.D. Ind. 2007); reversed, 551 F.3d 703 (7th Cir. 2008); vacated and remanded, sub nom. Corcoran v. Levenhagen, 558 U.S. 1 (2009) (per curiam); on remand, writ granted, 593 F.3d 547 (7th Cir. 2010); rehearing denied, opinion amended, 7th Cir.
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Full text of the opinion:Wikisource  
official slip opinion  · FindLaw  · Justia

562 U.S. 1
Decided November 8, 2010.
Seventh Circuit vacated and remanded.

In 1997, a jury found Joseph Corcoran guilty of murdering four men and he was sentenced to death. The trial court included three factors in its justification of the sentence: the innocence of those killed, the heinousness of the crime, and his potential to commit these crimes in the future. The Indiana Supreme Court vacated this sentence on the basis that these three factors are not admissible in a sentencing decision under Indiana law. In response, the trial court stated that it did not rely on these factors in its sentence, whereupon the Indiana Supreme Court finally affirmed the sentence.

Corcoran filed a petition for a writ of habeas corpus in federal court, which the District Court granted based on one of his claims without discussing the others. The Seventh Circuit reversed and directed the District Court upon remand to deny the writ, without permitting it to review the other claims and without explaining why those claims should not be considered. The Supreme Court vacated that decision in Corcoran v. Levenhagen, 558 U.S. 1 (2009), explaining that it was error for the Seventh Circuit to dispose of the petitioner's other claims without any explanation. On remand, the Seventh Circuit now granted habeas relief to Corcoran, indicating that the state courts should reconsider its sentence in order to comply with state law.

The Supreme Court vacated the Seventh Circuit's ruling. The Court ruled that Federal courts may only grant a writ of habeas corpus if a violation of federal law is found. Federal courts may not grant habeas relief if, instead, the only issue raised is a potential violation of state law.

Madison County v. Oneida Indian Nation of New York edit

Full caption:Madison County, New York et al. v. Oneida Indian Nation of New York
Citations:562 U.S. 42
Prior history:On remand following City of Sherrill v. Oneida Indian Nation of N.Y., 544 U.S. 197, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005); Oneida Indian Nation v. Oneida County, 432 F.Supp.2d 285 (N.D.N.Y.2006); Oneida Indian Nation of N.Y. v. Madison County, 401 F.Supp.2d 219 (N.D.N.Y.2005); affirmed sub nom. Oneida Indian Nation of N.Y. v. Madison County, 605 F.3d 149 (2nd Cir., 2010).
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Full text of the opinion:Wikisource  
official slip opinion

562 U.S. 42
Decided January 10, 2011.
Second Circuit vacated and remanded.

The case involved the issue of whether tribal sovereign immunity protected the Oneida Indian Nation against foreclosure by local taxing authorities to enforce due property taxes. After the Supreme Court granted certiorari, the tribe passed a tribal declaration and ordinance waiving its immunity against tax enforcement. The Supreme Court then vacated and remanded for the Second Circuit to consider the effect of this new development.

Swarthout v. Cooke edit

Full caption:Gary Swarthout, Warden v. Damon Cooke[2]
Citations:562 U.S. 216
Prior history:Petition denied; rev'd, sub nom. Cooke v. Solis, 606 F. 3d 1206 (9th Cir. 2010)
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Full text of the opinion:official slip opinion

562 U.S. 216
Decided January 24, 2011.
Ninth Circuit reversed.

Ginsburg filed a concurrence.

Felkner v. Jackson edit

Full caption:T. Felkner v. Steven Frank Jackson
Citations:562 U.S. 594
Prior history:Petition denied, No. 2:07-cv-00555-RJB (E.D. Cal.); rev'd, 389 Fed. Appx. 640 (9th Cir. 2010)
Laws applied:U.S. Const. amend. XIV
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Full text of the opinion:official slip opinion

562 U.S. 594
Decided March 21, 2011.
Ninth Circuit reversed and remanded.

A California jury convicted Steven Frank Jackson of numerous sexual offenses. Jackson raised a Batson claim, because two of three black prospective jurors had been struck. The prosecutor's race-neutral explanations for the exclusion were accepted by the California Court of Appeal, and the California Supreme Court denied Jackson's petition for review.

Jackson sought federal habeas relief. The Federal District Court found that the state courts' decisions were not unreasonable and denied Jackson's petition, but was reversed by the Court of Appeals for the Ninth Circuit in a three-paragraph memorandum opinion, without discussing any facts or reasoning of the three courts that had rejected Jackson's claim.

The Supreme Court reversed the Ninth Circuit Court's decision, noting that "On federal habeas review, AEDPA 'imposes a highly deferential standard for evaluating state-court rulings' and 'demands that state-court decisions be given the benefit of the doubt.'" Moreover, "The state appellate court’s decision was plainly not unreasonable. There was simply no basis for the Ninth Circuit to reach the opposite conclusion, particularly in such a dismissive manner."

Bobby v. Mitts edit

Full caption:David Bobby, Warden v. Harry Mitts
Citations:563 U.S. 395
Prior history:Defendant convicted, sentenced to death, State v. Mitts; aff'd, No. 68612, 1996 WL 732452 (Ohio Ct. App. Dec. 19, 1996); aff'd, 690 N.E.2d 522 (Ohio 1998); postconviction petition denied; aff'd, No. 05-4420, 2000 WL 1433952 (Ohio Ct. App. Sept. 28, 2000); motion to reopen appeal denied, No. 68612, 2002 WL 1335629 (Ohio Ct. App. May 10, 2002); aff'd, 784 N.E.2d 698 (Ohio 2003); habeas petition denied, sub nom. Mitts v. Bagley, No. 03-01131, 2005 WL 2416929 (N.D. Ohio Sept. 29, 2005); rev'd, 620 F. 3d 650 (6th Cir. 2010)
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Full text of the opinion:official slip opinion

563 U.S. 395
Decided May 2, 2011.
Sixth Circuit reversed.

United States v. Juvenile Male edit

Full caption:United States v. Juvenile Male
Citations:564 U.S. 932
Prior history:Defendant convicted, D. Mont., 2005; defendant resentenced, D. Mont., July 2007; vacated in part, 590 F. 3d 924 (9th Cir. 2010); question certified, 560 U.S. 558 (2010)
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Full text of the opinion:official slip opinion

564 U.S. 932
Decided June 27, 2011.
Ninth Circuit vacated and remanded.

The Court vacated the Ninth Circuit's judgment, because the case had become moot and the lower court, therefore, lacked constitutional authority under Article III to decide the case on the merits.

Justices Ginsburg, Breyer, and Sotomayor noted without separate opinion that they would remand the case to the Ninth Circuit for that court’s consideration of mootness in the first instance. Kagan did not participate in the consideration or decision of the case.

Leal Garcia v. Texas edit

Full caption:Humberto Leal Garcia, AKA Humberto Leal v. Texas[3]
Citations:564 U.S. 940
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Full text of the opinion:official slip opinion

564 U.S. 940
Decided July 7, 2011.
Applications for stay of execution and petition for a writ of habeas corpus denied.

The Court denied applications for a stay of execution of Humberto Leal Garcia, a Mexican national who argued that his conviction and death sentence in Texas violated the Vienna Convention on Consular Relations.

Breyer filed a dissent, joined by Ginsburg, Sotomayor, and Kagan.

Leal Garcia was executed on July 7, 2011 as scheduled.

See also edit

Notes edit

  1. ^ The descriptions of three opinions have been omitted:
  2. ^ Swarthout v. Cooke was decided together with Matthew Cate, Secretary, California Department of Corrections and Rehabilitation v. Elijah Clay, lower court decision reported at Clay v. Kane, 384 Fed. Appx. 544 (9th Cir. 2010).
  3. ^ Leal Garcia v. Texas was decided together with In re Leal Garcia, No. 11-5002 (11A2), and Leal Garcia v. Thaler, No. 11-5081 (11A21).

References edit

  • "2010 Term Opinions of the Court". Supreme Court of the United States. Retrieved October 2, 2011.

2010, term, curiam, opinions, supreme, court, united, states, supreme, court, united, states, handed, down, curiam, opinions, during, 2010, term, which, began, october, 2010, concluded, october, 2011, because, curiam, decisions, issued, from, court, institutio. The Supreme Court of the United States handed down ten per curiam opinions during its 2010 term which began October 4 2010 and concluded October 1 2011 1 Because per curiam decisions are issued from the Court as an institution these opinions all lack the attribution of authorship or joining votes to specific justices All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted Contents 1 Court membership 2 Wilson v Corcoran 3 Madison County v Oneida Indian Nation of New York 4 Swarthout v Cooke 5 Felkner v Jackson 6 Bobby v Mitts 7 United States v Juvenile Male 8 Leal Garcia v Texas 9 See also 10 Notes 11 ReferencesCourt membership editChief Justice John RobertsAssociate Justices Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena KaganWilson v Corcoran editFull caption Bill K Wilson Superintendant sic Indiana State Prison v Joseph E CorcoranCitations 562 U S 1 131 S Ct 13Prior history Petition granted sub nom Corcoran v Buss 483 F Supp 2d 709 N D Ind 2007 reversed 551 F 3d 703 7th Cir 2008 vacated and remanded sub nom Corcoran v Levenhagen 558 U S 1 2009 per curiam on remand writ granted 593 F 3d 547 7th Cir 2010 rehearing denied opinion amended 7th Cir Full text of the opinion Wikisource nbsp official slip opinion FindLaw Justia562 U S 1 Decided November 8 2010 Seventh Circuit vacated and remanded In 1997 a jury found Joseph Corcoran guilty of murdering four men and he was sentenced to death The trial court included three factors in its justification of the sentence the innocence of those killed the heinousness of the crime and his potential to commit these crimes in the future The Indiana Supreme Court vacated this sentence on the basis that these three factors are not admissible in a sentencing decision under Indiana law In response the trial court stated that it did not rely on these factors in its sentence whereupon the Indiana Supreme Court finally affirmed the sentence Corcoran filed a petition for a writ of habeas corpus in federal court which the District Court granted based on one of his claims without discussing the others The Seventh Circuit reversed and directed the District Court upon remand to deny the writ without permitting it to review the other claims and without explaining why those claims should not be considered The Supreme Court vacated that decision in Corcoran v Levenhagen 558 U S 1 2009 explaining that it was error for the Seventh Circuit to dispose of the petitioner s other claims without any explanation On remand the Seventh Circuit now granted habeas relief to Corcoran indicating that the state courts should reconsider its sentence in order to comply with state law The Supreme Court vacated the Seventh Circuit s ruling The Court ruled that Federal courts may only grant a writ of habeas corpus if a violation of federal law is found Federal courts may not grant habeas relief if instead the only issue raised is a potential violation of state law Madison County v Oneida Indian Nation of New York editFull caption Madison County New York et al v Oneida Indian Nation of New YorkCitations 562 U S 42Prior history On remand following City of Sherrill v Oneida Indian Nation of N Y 544 U S 197 125 S Ct 1478 161 L Ed 2d 386 2005 Oneida Indian Nation v Oneida County 432 F Supp 2d 285 N D N Y 2006 Oneida Indian Nation of N Y v Madison County 401 F Supp 2d 219 N D N Y 2005 affirmed sub nom Oneida Indian Nation of N Y v Madison County 605 F 3d 149 2nd Cir 2010 Full text of the opinion Wikisource nbsp official slip opinion562 U S 42 Decided January 10 2011 Second Circuit vacated and remanded The case involved the issue of whether tribal sovereign immunity protected the Oneida Indian Nation against foreclosure by local taxing authorities to enforce due property taxes After the Supreme Court granted certiorari the tribe passed a tribal declaration and ordinance waiving its immunity against tax enforcement The Supreme Court then vacated and remanded for the Second Circuit to consider the effect of this new development Swarthout v Cooke editFull caption Gary Swarthout Warden v Damon Cooke 2 Citations 562 U S 216Prior history Petition denied rev d sub nom Cooke v Solis 606 F 3d 1206 9th Cir 2010 Full text of the opinion official slip opinion562 U S 216 Decided January 24 2011 Ninth Circuit reversed Ginsburg filed a concurrence Felkner v Jackson editFull caption T Felkner v Steven Frank JacksonCitations 562 U S 594Prior history Petition denied No 2 07 cv 00555 RJB E D Cal rev d 389 Fed Appx 640 9th Cir 2010 Laws applied U S Const amend XIV Full text of the opinion official slip opinion562 U S 594 Decided March 21 2011 Ninth Circuit reversed and remanded A California jury convicted Steven Frank Jackson of numerous sexual offenses Jackson raised a Batson claim because two of three black prospective jurors had been struck The prosecutor s race neutral explanations for the exclusion were accepted by the California Court of Appeal and the California Supreme Court denied Jackson s petition for review Jackson sought federal habeas relief The Federal District Court found that the state courts decisions were not unreasonable and denied Jackson s petition but was reversed by the Court of Appeals for the Ninth Circuit in a three paragraph memorandum opinion without discussing any facts or reasoning of the three courts that had rejected Jackson s claim The Supreme Court reversed the Ninth Circuit Court s decision noting that On federal habeas review AEDPA imposes a highly deferential standard for evaluating state court rulings and demands that state court decisions be given the benefit of the doubt Moreover The state appellate court s decision was plainly not unreasonable There was simply no basis for the Ninth Circuit to reach the opposite conclusion particularly in such a dismissive manner Bobby v Mitts editFull caption David Bobby Warden v Harry MittsCitations 563 U S 395Prior history Defendant convicted sentenced to death State v Mitts aff d No 68612 1996 WL 732452 Ohio Ct App Dec 19 1996 aff d 690 N E 2d 522 Ohio 1998 postconviction petition denied aff d No 05 4420 2000 WL 1433952 Ohio Ct App Sept 28 2000 motion to reopen appeal denied No 68612 2002 WL 1335629 Ohio Ct App May 10 2002 aff d 784 N E 2d 698 Ohio 2003 habeas petition denied sub nom Mitts v Bagley No 03 01131 2005 WL 2416929 N D Ohio Sept 29 2005 rev d 620 F 3d 650 6th Cir 2010 Full text of the opinion official slip opinion563 U S 395 Decided May 2 2011 Sixth Circuit reversed United States v Juvenile Male editFull caption United States v Juvenile MaleCitations 564 U S 932Prior history Defendant convicted D Mont 2005 defendant resentenced D Mont July 2007 vacated in part 590 F 3d 924 9th Cir 2010 question certified 560 U S 558 2010 Full text of the opinion official slip opinion564 U S 932 Decided June 27 2011 Ninth Circuit vacated and remanded The Court vacated the Ninth Circuit s judgment because the case had become moot and the lower court therefore lacked constitutional authority under Article III to decide the case on the merits Justices Ginsburg Breyer and Sotomayor noted without separate opinion that they would remand the case to the Ninth Circuit for that court s consideration of mootness in the first instance Kagan did not participate in the consideration or decision of the case Leal Garcia v Texas editMain article Leal Garcia v Texas Full caption Humberto Leal Garcia AKA Humberto Leal v Texas 3 Citations 564 U S 940 Full text of the opinion official slip opinion564 U S 940 Decided July 7 2011 Applications for stay of execution and petition for a writ of habeas corpus denied The Court denied applications for a stay of execution of Humberto Leal Garcia a Mexican national who argued that his conviction and death sentence in Texas violated the Vienna Convention on Consular Relations Breyer filed a dissent joined by Ginsburg Sotomayor and Kagan Leal Garcia was executed on July 7 2011 as scheduled See also editList of United States Supreme Court cases volume 562 List of United States Supreme Court cases volume 563 List of United States Supreme Court cases volume 564Notes edit The descriptions of three opinions have been omitted The Court s per curiam opinion in Costco Wholesale Corp v Omega S A 562 U S 40 2010 noted that the judgment was affirmed by an equally divided Court Kagan did not participate In Tolentino v New York 563 U S 123 2011 the Court dismissed the writ of certiorari as improvidently granted The Court s per curiam opinion in Flores Villar v United States 564 U S 210 2011 noted that the judgment was affirmed by an equally divided Court Kagan did not participate Swarthout v Cooke was decided together with Matthew Cate Secretary California Department of Corrections and Rehabilitation v Elijah Clay lower court decision reported at Clay v Kane 384 Fed Appx 544 9th Cir 2010 Leal Garcia v Texas was decided together with In re Leal Garcia No 11 5002 11A2 and Leal Garcia v Thaler No 11 5081 11A21 References edit 2010 Term Opinions of the Court Supreme Court of the United States Retrieved October 2 2011 Retrieved from https en wikipedia org w index php title 2010 term per curiam opinions of the Supreme Court of the United States amp oldid 1175137672 Felkner v Jackson, wikipedia, wiki, book, books, library,

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