2011 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States has handed down four per curiam opinions to date during its 2011 term, which began October 3, 2011 and will conclude September 30, 2012.

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

Court membership

Chief Justice: John Roberts

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

Cavazos v. Smith

Full case name: Javier Cavazos, Acting Warden, v. Shirley Ree Smith
Citations: 565 U.S. ___;
Prior history: Petition denied, sub nom. Smith v. Mitchell, No. CV-01–4484–ABC (C.D. Cal., Mar. 22, 2004); rev'd, 437 F. 3d 884 (9th Cir. 2006); summarily vacated and remanded, sub nom. Patrick v. Smith, 550 U.S. 915 (2006), judgment reinstated, 508 F. 3d 1256 (9th Cir. 2007) (per curiam); summarily vacated and remanded, 558 U.S. ___ (2010); judgment reinstated, sub nom. Smith v. Mitchell, 624 F. 3d 1235 (9th Cir. 2010) (per curiam)
Full text of the opinion: Wikisource
official slip opinion

565 U.S. ___
Decided October 31, 2011.
The Court reversed, for the third time, a judgment of the Ninth Circuit that had set aside the conviction of a woman for the death of her infant grandson attributed to shaken baby syndrome (SBS). The Court ruled that the Ninth Circuit's judgment, which had questioned the sufficiency of the expert testimony supporting SBS as the victim's cause of death, was contrary to the deferential standard of review established by the Antiterrorism and Effective Death Penalty Act of 1996 for such petitions.

Justice Ginsburg filed a dissent, joined by Justices Breyer and Sotomayor.

Further reading


KPMG LLP v. Cocchi

Full case name: KPMG LLP v. Robert Cocchi et al.
Citations: 565 U.S. ___;
Prior history: Motion to compel arbitration denied, Fla. Cir. Ct., Palm Beach Cty.; aff'd, 51 So. 3d 1165 (Fla. App. 2010)
Laws applied: 9 U.S.C. § 1, et seq. (Federal Arbitration Act)
Full text of the opinion: Wikisource
official slip opinion

565 U.S. ___
Decided November 7, 2011.
The Court vacated a Florida state court judgment refusing to compel arbitration in a lawsuit involving claims brought against auditor KPMG LLP by investors who were defrauded by Bernie Madoff. The Court ruled that the state court erred in determining only that some, but not all, of the claims in the lawsuit were not subject to arbitration, because the Federal Arbitration Act does not permit courts to issue a blanket refusal to compel arbitration simply because some of the claims could be resolved by the court without arbitration.

Bobby v. Dixon

Full case name: David Bobby, Warden v. Archie Dixon
Citations: 565 U.S. ___;
Prior history: Defendant convicted at trial sub. nom. State v. Dixon; affirmed (Ohio App., 1995); affirmed, 2004 Ohio 1585, 101 Ohio St.3d 328, 805 N.E.2d 1042 (2004); habeas petition denied sub nom. Dixon v. Houk, No. 05-01290 (N.D. Ohio, 2005); reversed, 627 F. 3d 553 (6th Cir. 2010)
Laws applied: U.S. Const. amend. V
Full text of the opinion: Wikisource
official slip opinion

565 U.S. ___
Decided November 7, 2011.
The Court ruled that the Sixth Circuit erred in setting aside a murder conviction in Ohio state court, because although the defendant's initial confession was given without the warnings required by Miranda v. Arizona, his subsequent confession was voluntary and therefore admissible against him.

Hardy v. Cross

Full case name: Marcus Hardy, Warden v. Irving L. Cross
Citations: 565 U.S. ___;
Prior history: Petition denied, N.D. Ill. n° 05-C-5692 (2009); rev'd, 632 F. 3d 356 (7th Cir. 2011)
Laws applied: U.S. Const. amend. VI
Full text of the opinion: official slip opinion

565 U.S. ___
Decided December 12, 2011.

References