CONSTITUTIONAL LAW-Continued.
mitigating evidence in capital sentencing proceedings. Ayers v. Bel-
montes, p. 7.
Punitive damages-Harm to nonparties.-A punitive damages award
based in part on a jury's desire to punish a defendant for harming nonpar-
ties amounts to a taking of property from defendant without due process.
Philip Morris USA v. Williams, p. 346.
Determinate sentencing law-Judicial factfinding.-California's deter-
minate sentencing law, by placing sentence-elevating factfinding within
judge's province, violates Sixth and Fourteenth Amendments right to jury
trial. Cunningham v. California, p. 270.
Voter identification rules-Injunction days before election.-Ninth
Circuit's order enjoining Arizona's voter identification rules-which re-
quire voters to present proof of citizenship to register to vote and present
identification when voting on election day-just weeks before an election
is vacated and cases are remanded. Purcell v. Gonzalez, p. 1.
CONTROLLED SUBSTANCES ACT. See Immigration and National-
ity Act, 1.
CREDITORS AND DEBTORS. See Bankruptcy.
CRIMINAL LAW. See also Constitutional Law, IV.
Illegal reentry into United States-Indictment's failure to allege spe-
cific overt act-Harmless-error review.-Respondent's indictment for vio-
lating 8 U.S. C. § 1326(a) by attempting to reenter United States after
having been deported was not defective for failing to allege a specific overt
act he committed in seeking reentry, and, thus, this Court need not reach
issue whether asserted defect was subject to harmless-error review.
United States v. Resendiz-Ponce, p. 102.
CRIMINAL PROCEDURE. See Habeas Corpus, 2.
CRUEL AND UNUSUAL PUNISHMENT. See Constitutional Law, II.
DEBT LIMITATION. See Guam's Organic Act.
DEBTORS AND CREDITORS. See Bankruptcy.
DECLARATORY-JUDGMENT ACTIONS. See Constitutional Law,
DEPORTATION OF ALIENS. See Criminal Law; Immigration and
Nationality Act.
DUE PROCESS. See Constitutional Law, III.
EIGHTH AMENDMENT. See Constitutional Law, II.
ELECTIONS CLAUSE. See Constitutional Law, I, 2.
EMPLOYER AND EMPLOYEES. See Federal Employers' Liability
Act; Westfall Act.
ENVIRONMENTAL PROTECTION. See Clean Air Act.
EXHAUSTION OF ADMINISTRATIVE REMEDIES. See Prison Liti-
gation Reform Act of 1995.
FAIR TRIAL RIGHT. See Habeas Corpus, 1.
FALSE ARREST. See Civil Rights Act of 1871.
Jurisdiction-Qui tam suit.-Respondent Stone does not meet Act's
jurisdictional requirement that he be "an original source of the informa-
tion" upon which his qui tam suit's allegations were based, see 31 U. S. C.
§ 3730(e)(4)(A); Government's intervention did not provide an independent
basis of jurisdiction with respect to Stone. Rockwell Int'l Corp. v. United
States, p. 457.
District-court discretion-Forum non conveniens plea.-A federal dis-
trict court has discretion to respond at once to a defendant's forum non
conveniens plea, and need not take up first any other threshold objection;
in particular, court need not resolve whether it has subject-matter juris-
diction or personal jurisdiction over defendant if it determines that, in any
event, a foreign tribunal is more suitable arbiter of case's merits. Sino-
chem Int'l Co. v. Malaysia Int'l Shipping Corp., p. 422.
FEDERAL EMPLOYER AND EMPLOYEES. See Federal Employers'
Liability Act; Westfall Act.
FEDERAL EMPLOYERS' LIABILITY ACT.
Railroad negligence-Causation standard.-Same causation standard
applies to railroad negligence under § 1 of FELA as to employee contribu-
tory negligence under §3. Norfolk Southern R. Co. v. Sorrell, p. 158.
FORUM NON CONVENIENS. See Federal Courts.
FOURTEENTH AMENDMENT. See Constitutional Law, III; IV.
FOURTH AMENDMENT. See Civil Rights Act of 1871.
GAS LEASES. See Mineral Leasing Act of 1920.
GREENHOUSE-GAS EMISSIONS. See Clean Air Act, 2.
Debt limitation computation.-Act's debt limitation, which limits
Guam's public indebtedness to 10% of "aggregate tax valuation of the
property in Guam," 48 U. S. C. § 1423a, must be calculated according to
assessed, not appraised, valuation of property. Limtiaco v. Camacho,
p. 483.
1. Application of clearly established federal law-Right to fair trial.—
Because effect on a defendant's fair-trial rights of a victim's family wear-
ing at trial buttons displaying victim's image is an open question in this
Court's jurisprudence, Ninth Circuit improperly concluded that California
Court of Appeal's decision upholding Musladin's conviction was contrary
to or an unreasonable application of clearly established federal law as de-
termined by this Court. Carey v. Musladin, p. 70.
2. New rule of criminal procedure.-Holding of Crawford v. Washing-
ton, 541 U. S. 36, 59-that "testimonial statements of witnesses absent
from trial" are admissible "only where the declarant is unavailable, and.
the defendant has had a prior opportunity to cross-examine [the wit-
ness]" is a new rule of criminal procedure that does not fall within
Teague v. Lane, 489 U. S. 288, exception for watershed rules applying ret-
roactively to cases on collateral review. Whorton v. Bockting, p. 406.
3. Second or successive petition-Jurisdiction.-Because Burton did
not seek or obtain an order from Court of Appeals authorizing him to
file a "second or successive" habeas petition, as required by 28 U. S. C.
§ 2244(b)(3), District Court never had jurisdiction to consider his petition
challenging his sentence's constitutionality. Burton v. Stewart, p. 147.
4. Statute of limitations-Tolling.-Title 28 U. S. C. §2244(d)(2) does
not toll 1-year statute of limitations for seeking federal habeas relief from
a state-court judgment during pendency of a certiorari petition in this
Court; Lawrence falls far short of showing "extraordinary circumstances"
necessary to support equitable tolling of his otherwise untimely claims.
Lawrence v. Florida, p. 327.
HARMLESS-ERROR REVIEW. See Criminal Law.
ILLEGAL REENTRY INTO UNITED STATES. See Criminal Law.
IMMIGRATION AND NATIONALITY ACT. See also Criminal Law.
1. Removal-State-law felony but federal-law misdemeanor.-Conduct
made a felony under state law but a misdemeanor under federal Controlled
Substances Act is not a "felony punishable under the [CSA]" for Immigra-
IMMIGRATION AND NATIONALITY ACT-Continued.
tion and Nationality Act purposes, and thus does not disqualify a deported
alien from eligibility for discretionary cancellation of removal by Attorney
General. Lopez v. Gonzales, p. 47.
2. Removal-Theft offense.-Title 8 U. S. C. §1101(a)(43)(G)'s term
"theft offense," conviction of which warrants an alien's removal from
United States, includes crime of "aiding and abetting" a theft offense.
Gonzales v. Duenas-Alvarez, p. 183.
IMMUNITY FROM SUIT. See Westfall Act.
JURY INSTRUCTIONS. See Constitutional Law, II.
JURY TRIAL RIGHT. See Constitutional Law, IV.
LIMITATIONS PERIODS. See Civil Rights Act of 1871; Habeas Cor-
pus, 4; Mineral Leasing Act of 1920.
LOCAL COURT RULES. See Prison Litigation Reform Act of 1995.
MINERAL LEASING ACT OF 1920.
Oil and gas leases-Royalty underpayments-Statute of limita-
tions.-Administrative payment orders issued by Department of Interior's
Minerals Management Service for purpose of assessing royalty underpay-
ments on oil and gas leases do not fall within 28 U. S. C. §2415(a), whose
6-year statute of limitations for Government contract actions applies only
to court actions. BP America Production Co. v. Burton, p. 84.
MITIGATING EVIDENCE. See Constitutional Law, II.
MOTOR-VEHICLE EMISSIONS. See Clean Air Act, 2.
MURDER. See Constitutional Law, II; Habeas Corpus, 1.
NEGLIGENCE STANDARDS. See Federal Employers' Liability Act.
NEW RULE OF CRIMINAL PROCEDURE. See Habeas Corpus, 2.
OIL LEASES. See Mineral Leasing Act of 1920.
PATENT LAW. See Constitutional Law, I, 1.
PERSONAL JURISDICTION. See Federal Courts.
PREDATORY-BIDDING CLAIMS. See Antitrust Law.
PREDATORY-PRICING CLAIMS. See Antitrust Law.
PRISONER SUITS. See Prison Litigation Reform Act of 1995.
PRISON LITIGATION REFORM ACT OF 1995.
Local court rules-Exhaustion of administrative remedies.-Sixth Cir-
cuit rules implementing PLRA's exhaustion of administrative remedies
requirement and facilitating early screening of prisoner federal-court suits
are not required by PLRA; crafting and imposing such rules exceeds
proper limits of judicial role. Jones v. Bock, p. 199.
PROPERTY VALUATION. See Guam's Organic Act.
PUNITIVE DAMAGES. See Constitutional Law, III.
QUI TAM SUITS. See False Claims Act.
RAILROAD NEGLIGENCE. See Federal Employers' Liability Act.
REENTRY INTO UNITED STATES. See Criminal Law.
REMOVAL OF ALIENS. See Immigration and Nationality Act.
REMOVAL TO FEDERAL COURT. See Westfall Act.
RIGHT TO FAIR TRIAL. See Habeas Corpus, 1.
RIGHT TO JURY TRIAL. See Constitutional Law, IV.
RIGHT TO VOTE. See Constitutional Law, V.
SECTION 1983. See Civil Rights Act of 1871.
SENTENCE-ELEVATING FACTFINDING. See Constitutional Law,
SHERMAN ACT. See Antitrust Law.
SIXTH AMENDMENT. See Constitutional Law, IV; Habeas Cor-
pus, 1.
STANDING. See Clean Air Act, 2; Constitutional Law, I, 2.
STATUTES OF LIMITATIONS. See Civil Rights Act of 1871; Ha-
beas Corpus, 4; Mineral Leasing Act of 1920.
Standard for relief.-Application to stay Fourth Circuit's judgment
pending filing and disposition of a certiorari petition in this Court fails to
meet this Court's standard for such relief and is thus denied. Stroup v.
Willcox (ROBERTS, C. J., in chambers), p. 1501.
SUBJECT-MATTER JURISDICTION. See Constitutional Law, I, 1;
Federal Courts.
TAKING OF PROPERTY. See Constitutional Law, III.
TAX VALUATION. See Guam's Organic Act.
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