February 2000

Tuesday, February 22, 2000

United States v. Webster L. Hubbell
(No. 99-166)

Subject:
Fifth Amendment, immunity, self-incrimination

Question:

1. Whether the Fifth Amendment's privilege against self-incrimination protects information previously recorded in voluntarily created documents that a defendant delivers to teh goverment pursuant to an immunized act of production.

2. Whether a defendant's act of producing ordinary business records constitutes a compelled testimonial communication solely because the government cannot identify the documents with reasonable particularily before they are produced.

• District of Columbia Circuit: No. 98-3080, Decided: 01/26/99.
• District of Columbia Circuit: No. 98-3080, Dated: 01/27/99. Order amending decision.
• District of Columbia Circuit: No. 98-3080, Amended: 02/02/99.
• United States Supreme Court, Decided: June 5, 2000 Briefs:
  Parties:
  • Petitioner Independent Counsel [PDF]
  • Respondent [PDF]
  • Petitioner Independent Counsel - Reply [PDF]
    
    Amicus - Respondent:
  • National Association of Criminal Defense Lawyers [PDF]
    
    Amicus - Neither Party:
  • United States - Reversal [PDF] [TEXT]

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  Jeffrey Allan Fischer, Petitioner v. United States
  (No. 99-116)

  Subject:
  Fraud, bribery, federal funds, medicare, 18 USC § 666

  Question:
  Whether Medicare payments to a hospital for services provided to Medicare patients qualify as "benefits" to meet the jurisdictional requirements of Title 18 U.S.C. § 666 so as to federalize crimes of theft, embezzlement, and bribery involving the hospital.

  Decisions:

  • Eleventh Circuit: Nos. 96-3587, 97-2877, 98-2091, Decided: 03/04/99
  • Eleventh Circuit: Nos. 96-3587, 97-2877, 98-2091 Original release of manuscript opinion
  • United States Supreme Court, Decided: May 15, 2000
  Briefs:
  Parties:
  • Respondent - Petition [PDF]

  • Petitioner [PDF]
  • Respondent United States [PDF] [TEXT]
  • Petitioner - Reply [PDF]
    
    Amicus - Petitioner:
  • National Association of Criminal Defense Lawyers [PDF]

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  Cornell Johnson v. United States
  (No. 99-5153)

  Subject:
  Ex Post Facto, supervised release, additional term

  Question:
  Whether reimposition of supervised release pursuant to 18 U.S.C. § 3583(h), following revocation of Petitioner's original supervised release sentence, violates the Ex Post Facto Clause of the United States Constitution when Petitioner's conviction for the underlying offense occurred before section 3583(h) was enacted.

  Decisions:

  • Sixth Circuit: No. 98-5664, Decided: 04/29/99
  • United States Supreme Court, Decided: May 15, 2000
  Briefs:
  • Petitioner [PDF]
  • United States [PDF]

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  Wednesday, February 23, 2000

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  Lori Pegram, et al. v. Cynthia Herdrich
  (No. 98-1949)

  Subject:
  ERISA, HMOs, medical malpractice

  Question:
  Whether a health maintenance organization ("HMO") and its physicians breach a fiduciary duty under section 404(a)(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1104(a)(1), by implementing a managed-care program in which the HMO and its physicians receive financial incentives to provide medical care to the HMO's enrollees in a cost-effective manner.

  Decisions:

  • Seventh Circuit: No. 97-1070, Decided: 08/18/98
  • United States Supreme Court, Decided: June 12, 2000
  Briefs:
  Parties:
  • Respondent [PDF]
  • Petitioners - Reply [PDF]
    
    Amicus - Petitioner:
  • American Association of Health Plans et al. [PDF]
  • United States [PDF]
  • Washington Legal Foundation [PDF]
    
    Amicus - Respondent:
  • American College of Legal Medicine et al. [PDF]
  • Health Care for All et al. [PDF]
  • Health, Law, Policy and Ethics Scholars [PDF]
  • States of Illinois et al. [PDF]
    
    Amicus - Neither Party:
  • Ehlmann Plaintiffs - Affirmance [PDF]
  • AARP et al. - Affirmance [PDF]

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  Edward Christensen, et al. v. Harris County, Texas, et al.
  (No. 98-1167)

  Subject:
  Fair Labor Standards Act, 29 U.S.C. § 207(o), public agency, flex time, overtime

  Question:
  Whether a public agency governed by the compensatory time provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. 207(o), may, absent a preexisting agreement, require its employees ot use accrued compensatory time.

  Decisions:

  • Fifth Circuit: No. 97-20796, Decided: 10/19/98
  • United States Supreme Court, Decided: May 1, 2000
  Briefs:
  Parties:
  • Petitioner [PDF]
  • Respondents [PDF]
  • Petitioner - Reply [PDF]
    
    Amicus - Petitioner:
  • AFL-CIO for Petitioners [PDF]
  • International Association of Fire Fighters for Petitioners [PDF]
  • National Association of Police Organizations [PDF]
  • United States - Petition [PDF]
  • United States [PDF]
    
    Amicus - Respondent:
  • Spokane Valley Fire Protection District No. 1 for Respondents [PDF]

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  Monday, February 28, 2000

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  Michael Wayne Williams v. John Taylor
  (No. 99-6615)

  Subject:
  Death penalty, Anti-Terrorism and Effective Death Penalty Act, federal court access, state convictions

  Decisions:

  • Fourth Circuit: No. 99-1, Decided: 08/02/99
  • United States Supreme Court, Decided: April 18, 2000
  Briefs:
  Parties:
  • Petitioner [PDF]
  • Respondent [PDF]
  • Petitioner - Reply [PDF]
    
    Amicus - Petitioner:
  • American Civil Liberties Union [PDF]
  • Legal Ethics Professors et al. [PDF]
  • Virginia College of Criminal Defense Attorneys et al. [PDF]
    
    Amicus - Respondent:
  • State of California et al. [PDF]

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  Anthony Braden Bryan v. Michael W. Moore
  (No. 99-6723)

  Subject:
  Eighth Amendment, death penalty, cruel and unusual punishment, electric chair

  Decisions:

  • Florida Supreme Court: No. 96,802, Decided: 10/20/99
  • United States Supreme Court, Dismissed: January 24, 2000
  Briefs:
  Amicus - Petitioner:
  • Louis Stein Center for Law and Ethics et al. [PDF]
  • Minnesota Advocates for Human Rights et al. [PDF]
  • National Association of Criminal Defense Lawyers [PDF]
    
    Amicus - Neither Party:
  • Physicians for Human Rights et al. - Reversal [PDF]

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  Ronald D. Edwards v. Robert W. Carpenter
  (No. 98-2060)

  Subject:
  Sixth Amendment, ineffective assistance of counsel, federal appeals

  Decisions:

  • Sixth Circuit: Nos. 97-3392, 97-3393, Decided: 12/18/98
  • United States Supreme Court, Decided: April 25, 2000
  Briefs:
  Parties:
  • Petitioner [PDF]
  • Respondent [PDF]
  • Petitioner - Reply [PDF]
    
    Amicus - Petitioner:
  • State of Texas et al. [PDF]

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  Tuesday, February 29, 2000

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  Steven Dewayne Bond v. United States
  (No. 98-9349)

  Subject:
  Fourth Amendment, search and seizure, luggage, overhead compartment

  Decisions:

  • Fifth Circuit: No. 98-50074, Decided: 02/08/99
  • United States Supreme Court, Decided: April 17, 2000
  Briefs:
  Parties:
  • Respondent [PDF]
  • Petitioner - Reply [PDF]
    
    Amicus - Petitioner:
  • National Association of Criminal Defense Lawyers, et al. [PDF]
  • Pro Bono Criminal Assistance Project [PDF]
    
    Amicus - Respondent:
  • National Association of Police Organizations [PDF]

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  Florida v. J. L.
  (No. 98-1993)

  Subject:
  Fourth Amendment, search and seizure, anonymous tip, concealed weapon

  Decisions:

  • Florida Supreme Court: No. 90,361, Decided: 12/17/98
  • United States Supreme Court, Decided: March 28, 2000
  Briefs:
  Parties:
  • Petitioner [PDF]
  • Respondent [PDF]
    
    Amicus - Petitioner:
  • Americans for Effective Law Enforcement, et al. [PDF]
  • State of Illinois et al. [PDF]
  • United States [PDF]
    
    Amicus - Respondent:
  • Congress of Racial Equality [PDF]
  • National Association of Police Organizations [PDF]
  • National Rifle Association, et al. [PDF]
  • Rutherford Institute [PDF]
    
    Amicus - Neither Party:
  • Justice Coalition - Reversal [PDF]