2016 term per curiam opinions of the Supreme Court of the United States

From Wikipedia, the free encyclopedia
(Redirected from Pavan v. Smith)

The Supreme Court of the United States handed down nine per curiam opinions during its 2016 term, which began October 3, 2016 and concluded October 1, 2017.

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: Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch (confirmed April 7, 2017)

Bosse v. Oklahoma[edit]

Full caption:Shaun Michael Bosse v. Oklahoma
Citations:580 U.S. ___
Prior history:Defendant convicted, sentenced, No. CF-2010-213, Okla. Dist. Ct., McClain Cty., Dec. 18, 2012; affirmed, 360 P. 3d 1203 (Okla. Crim. App. 2015); rehearing denied, Case No. D-2012-1128, Okla. Crim. App., Dec. 1, 2015 (unpublished)
Laws applied:U.S. Const. amend. VIII
----
Full text of the opinion:official slip opinion

580 U.S. ___
Decided October 11, 2016.
Court of Criminal Appeals of Oklahoma vacated and remanded.

The Oklahoma court erred in ruling that Payne v. Tennessee (1991) "implicitly overruled" Booth v. Maryland (1987) in regards to the victim's family members' testimony of the defendant(s) and opinion(s) of the sentence. Payne did not specifically state this, and only the Supreme Court can overrule its own precedent.

Thomas filed a concurrence, joined by Alito, writing that the Oklahoma Court of Criminal Appeals erred by ruling that Payne overruled Booth in its entirety and that the Supreme Court's decision does not affect the analytical foundations of either Booth or Payne.

White v. Pauly[edit]

Full caption:Ray White, et al. v. Daniel T. Pauly, as personal representative of the Estate of Samuel Pauly, deceased et al.
Citations:580 U.S. ___
Prior history:Summary judgment denied, No. 12–1311 (D.N.M., Feb. 5, 2014); aff'd, 814 F. 3d 1060 (10th Cir. 2016)
Laws applied:U.S. Const. amend. IV; 42 U.S.C. § 1983
----
Full text of the opinion:official slip opinion

580 U.S. ___
Decided January 9, 2017.
Tenth Circuit vacated and remanded.

Ginsburg filed a concurrence.

Rippo v. Baker[edit]

Full caption:Michael Damon Rippo v. Renee Baker, Warden
Citations:580 U.S. ___
Prior history:Petition denied; aff'd, 368 P. 3d 729 (Nev. 2016)
Laws applied:U.S. Const. amend. XIV
----
Full text of the opinion:official slip opinion

580 U.S. ___
Decided March 6, 2017.
Supreme Court of Nevada vacated and remanded.

North Carolina v. Covington[edit]

Full caption:North Carolina, et al. v. Sandra Little Covington, et al.
Citations:581 U.S. ___
Prior history:Judgment for plaintiffs, 316 F.R.D. 117 (M.D.N.C. 2016); stay granted, 580 U.S. ___ (2017)
Subsequent history:recommendations of Special Master adopted, 283 F. Supp. 3d 410 (M.D.N.C. 2018); stay granted in part, 583 U.S. ___ (2018); aff'd in part, rev'd in part, 585 U.S. ___ (2018) (per curiam)
----
Full text of the opinion:official slip opinion

581 U.S. ___
Decided June 5, 2017.
District Court for the Middle District of North Carolina remedial order vacated and remanded.

Virginia v. LeBlanc[edit]

Full caption:Virginia, et al. v. Dennis LeBlanc
Citations:582 U.S. ___
Prior history:Petition granted, sub nom. LeBlanc v. Mathena, 2015 WL 4042175 (E.D. Va. July 1, 2015); aff'd, 841 F. 3d 256 (4th Cir. 2016)
Laws applied:U.S. Const. amend. VIII; 28 U.S.C. § 2254(d)(1) (Antiterrorism and Effective Death Penalty Act of 1996
----
Full text of the opinion:official slip opinion

582 U.S. ___
Decided June 12, 2017.
Fourth Circuit reversed.

Ginsburg filed an opinion concurring in the judgment.

Jenkins v. Hutton[edit]

Full caption:Charlotte Jenkins, Warden v. Percy Hutton
Citations:582 U.S. ___
Prior history:Petition denied, sub nom. Hutton v. Mitchell, 2013 WL 2476333 (N.D. Ohio, June 7, 2013); rev'd, 839 F. 3d 486 (6th Cir. 2016)
----
Full text of the opinion:official slip opinion

582 U.S. ___
Decided June 19, 2017.
Sixth Circuit reversed and remanded.

Hernandez v. Mesa[edit]

Full caption:Jesus c. Hernandez, et al. v. Jesus Mesa, Jr., et al.
Citations:582 U.S. ___
Prior history:Dismissed, W.D. Texas; aff'd in part, sub nom. Hernandez v. United States, 757 F. 3d 249 (5th Cir. 2014); aff'd, 785 F. 3d 117 (5th Cir. 2015) (en banc); cert. granted, 580 U.S. ___ (2016)
Laws applied:U.S. Const. amends. IV, V
----
Full text of the opinion:official slip opinion

582 U.S. ___
Decided June 26, 2017.
Fifth Circuit vacated and remanded.

Thomas filed a dissent. Breyer filed a dissent, joined by Ginsburg. Gorsuch did not participate in the consideration or decision of the case.

Pavan v. Smith[edit]

Full caption:Marisa N. Pavan, et al. v. Nathaniel Smith
Citations:582 U.S. ___; 137 S. Ct. 2075; 198 L. Ed. 2d 636
Prior history:Judgment for plaintiffs, No. 60CV-15-3153, Ark. Cir. Ct., Pulaski Cty; rev'd, 505 S.W. 3d 169 (Ark. 2016)
Laws applied:U.S. Const. amend. XIV; Ark. Code § 20–18–401 (2014)
----
Full text of the opinion:official slip opinion

582 U.S. ___; 137 S. Ct. 2075; 198 L. Ed. 2d 636
Decided June 26, 2017.
Supreme Court of Arkansas reversed and remanded.

Ark. Code §20-18-401 (2014): Arkansas statute requiring name of mother's "husband" to be entered on birth certificate as father of child, if mother is married.

Gorsuch filed a dissent, joined by Thomas and Alito.

Trump. v. International Refugee Assistance Project[edit]

Full caption:Donald J. Trump, President of the United States, et al. v. International Refuge Assistance Project, et al.
Citations:582 U.S. ___
Prior history:Preliminary injunction granted, International Refugee Assistance Project v. Trump, 2017 WL 1018235 (D. Md., Mar. 16, 2017); aff'd, 857 F. 3d 554 (4th Cir. 2017)
Laws applied:U.S. Const. amend. I; Executive Order 13780 ("Protecting the Nation From Foreign Terrorist Entry Into the United States")
----
Full text of the opinion:official slip opinion

582 U.S. ___
Decided June 26, 2017.
Certiorari to the Fourth and Ninth Circuits granted; applications to stay injunctions granted in part.

Thomas filed an opinion concurring in part and dissenting in part, joined by Alito and Gorsuch.

See also[edit]

References[edit]

  • "2016 Term Opinions of the Court". Supreme Court of the United States. Retrieved June 26, 2017.