morissette v united states brief

555 results for morissette v united states brief

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  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    The Fourteenth Amendment and States' Rights . . Amendment of the Constitution ... . Citizens of the United States . The citizenship provisions of the ... practice of submitting voluminous factual briefs, known as "Brandeis Briefs," replete with ... E.g. , Morissette v. United States, 342 U.S. 246 (1952). . See, ...

  • Melendez-Diaz v. Massachusetts, 557 U. S. (2009)

    ...MASSACHUSETTS. SUPREME COURT OF THE UNITED STATES. MELENDEZ-DIAZ v. MASSACHUSETTS. ...See Brief for Respondent 10. This finds no support in the ... ingredient of the offense’ (quoting Morissette v. United States, 342 U. S. 246, 274275 (1952)). ...

  • Negusie v. Holder, 555 U. S. ____ (2009)

    ... for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. ...Brief for Petitioner 23–28. He invokes principles of ....” Brief for Petitioner 32 (quoting Morissette v. United States, 342 U. S. 246, 250 (1952) ). ...

  • Dixon v. United States, 548 U. S. (2006)

    ...Brief for Petitioner 41. Second, petitioner argues that Fifth Circuit's rule is "contrary to modern .... . .' " Id ., at 402 (quoting Morissette v. United States , 342 U. S. 246, 251 (1952)). Like the defense of necessity, the defense of ...

  • INS v. St. Cyr, 533 U.S. 289 (2001)

    ... ST. CYR. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. ...With him on the briefs were Acting Solicitor General Underwood, Acting ..., not as a departure from them." Morissette . At most, § 1252(e)(2) introduces additional ...

  • Morissette v. United States, 342 U.S. 246 (1952)

    ...641. The Court of Appeals affirmed. 187 F.2d 427. This Court granted certiorari. 341 U.S. 925. Reversed, p. 276. Andrew J. Transue argued the cause and filed a brief for petitioner. Robert W. Ginnane argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General McInerney and J. F. Bishop. . [Page 342 ...

  • Davis v. Michigan Dept. of Treasury, 489 U.S. 803 (1989)

    ...111, which authorizes States to tax "pay or compensation for personal services ...Davis, pro se, argued the cause and filed briefs for appellant. Michael K. Kellogg argued the se for the United States as amicus curiae urging reversal. With him ...494, 501 (1986); Morissette v. United States, 342 U.S. 246, 263 (1952). ...

  • United States v. Bailey, 444 U.S. 394 (1980)

    ... Edwin S. Kneedler argued the cause for the United States. With him on the briefs were Solicitor General McCree, Assistant Attorney General Heymann, Kenneth S. Geller, Jerome M. ...See Morissette v. United States, (1952). . Page 444 U.S. 394, 398. I . All respondents requested jury trials ...

  • Russell v. United States, 369 U.S. 749 (1962)

    ... Joseph A. Fanelli argued the cause for petitioner in No. 8. With him on the briefs was Benedict P. Cottone. Joseph L. Rauh, Jr. argued the cause for petitioner in No. 9. With him on ...United States, 153 U.S. 308, 315; Keck v. United States, 172 U.S. 434, 437; Morissette v. United States, 342 U.S. 246, 270, n. 30. Cf. United States v. Petrillo, 332 U.S. 1, ...

  • Furman v. Georgia, 408 U.S. 238 (per curiam) (1972)

    ...69-5003. With him on the brief were B. Clarence Mayfield, Michael Meltsner, Jack ... of the Eighth Amendment as applied to the States by the Fourteenth.[Footnote 1] I vote to vacate ...Weems v. United States, 217 U.S. 349, 378-382. Congressman ...J.), 113 (BRENNAN, J., concurring); Morissette v. United States, 342 U.S. 246 (1952); Williams ...

  • Smith v. Wade, 461 U.S. 30 (1983)

    ...30. SMITH v. WADE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT ...With him on the brief were John Ashcroft, Attorney General of Missouri, ...As we said in Morissette v. United States, 342 U.S. 246, 250-251 (1952): ...

  • Sekhar v. United States, 570 U.S. (2013)

    ... the meaning its use will convey to the judicialmind unless otherwise instructed." Morissette v.United States, 342 U. S. 246, 263 (1952). Or as Justice Frankfurter colorfully put it, "if a word ...Opinion of the Court his client free of improper outside interference." Brief forUnited States 39. But what, exactly, would the petitionerhave obtained for himself? A right to ...

  • Level of scienter required for child pornography distributors: the Supreme Court's interpretation of 'knowingly' in 18 U.S.C. 2252.

    The Supreme Court ruled in United States v. X-Citement Video, Inc. that USC 2252, the statute criminalizing child pornography distribution, required the government to prove a distributor had knowledge of what kind of material was being distributed and how old the performers were. Rather than deeming knowledge to be the applicable level of scienter, the court should, however, have put recklessness in its place. This would...

  • Staples v. United States, 511 U.S. 600 (1994)

    ...624. Jennifer L. De Angelis argued the cause for petitioner. With her on the brief was Clark O. Brewster. 602. James A. Feldman argued the cause for the United States. With him on ...See also Morissette v. United States, 342 U. S. 246 , 250 (1952) ("The contention that an injury can amount to a crime ...

  • Dean v. United States, 556 U. S. (2009)

    ...Brief for Petitioner 11–12. It would, for example, apply if the gun used during the crime were ...Morissette v. United States, 342 U. S. 246, 251–252 (1952). Legislating against that backdrop, States often ...

  • Evans v. United States, 504 U.S. 255 (1992)

    ...See Morissette v. United States, 342 U. S. 246 , 263. While the Act expanded the common-law definition to ...C. Michael Abbott, by appointment of the Court, 501 U. S. 1229, argued the cause and filed briefs for petitioner. Deputy Solicitor General Bryson argued the cause for the United States. With him on ...

  • Carter v. United States, 530 U.S. 255 (2000)

    ...See, e. g., Morissette v. United States, 342 U. S. 246 , 263. Although "robbery" and "larceny" are terms with such ...275. Donald J. McCauley argued the cause for petitioner. With him on the briefs were Richard Coughlin, Jeffrey T. Green, and Joseph S. Miller. David C. Frederick argued the cause ...

  • Bruesewitz v. Wyeth LLC, 562 U.S. (2011)

    ... for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. ...38 Ibid. 39 See Brief for Petitioners 29.40 Restatement §402A, p. ... it to have itsestablished meaning"); Morissette v. United States, 342 . U. S. 246, 263 (1952) ...

  • USA v. Franklin Jeffries, II, (6th Cir. 2012)

    ... UNITED STATES COURT OF APPEALS. ...ON BRIEF: Jonathan Harwell, Ralph E. Harwell HARWELL & ... required mens rea in criminal laws, Morissette v. United States, 342 U.S. 246, 250 (1952), a ...

  • New Jersey v. Delaware, 552 U.S. 2008 (2008)

    SUPREME COURT OF THE UNITED STATES . . Syllabus . . NEW JERSEY v . ...In brief, tracing title through a series of deeds ... with its common-law meaning, see Morissette v. United States , 342 U. S. 246, 263 (1952). ...

  • 13 United States v. James Bruguier, (8th Cir. 2013)

    ...Miller was asleep in the house, woke up briefly when they returned, and then went back to bed. . Thunder Horse testified that Bruguier ... large over Congress' drafting of the Act was the Supreme Court's "landmark opinion in Morissette v. United States, 342 U.S. 246 (1952)," in which "the Court used the background presumption of evil ...

  • Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World

    Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.

  • Determining the Proper Standard of Causation to Support a Conviction Under 18 U.S.C. § 1347 When Healthcare Fraud 'Results in Death

    The circuit courts of appeals are currently divided as to the appropriate standard of causation required by the "results in death" language of the healthcare-fraud statute, 18 U.S.C. § 1347. Because the Sixth Circuit’s proximate-cause standard respects fundamental principles of causation, acknowledges the key distinctions between this statute and narrower drug statutes, and comports...

  • Salinas v. United States, 522 U.S. 52 (1997)

    ... the "to conspire" phrase to have its ordinary meaning under the criminal law, see Morissette v. United States, 342 U. S. 246 , 263, well-established principles and contemporary understanding ...Francisco J. Enriquez argued the cause for petitioner. With him on the brief was Rolando Cantu. Gerald H. Goldstein and Cynthia Hujar Orr filed a brief for Brigido Marmolejo, ...

  • Scheidler v. National Organization for Women, Inc., 537 U.S. 393 (2003)

    ...CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. ...On the briefs in No. 01-1118 were Alan Untereiner, Arnon D. ...S. 575 , 592 (1990); Morissette v. United States, 342 U. S. 246 , 263 (1952). ...