2008 term per curiam opinions of the Supreme Court of the United States

none February 2026 September 2023 right|175px The Supreme Court of the United States handed down nine per curiam opinions during its 2008 term, which began on October 6, 2008 and concluded October 4, 2009.The descriptions of two opinions have been omitted: In Bell v. Kelly, 555 U.S. 55 (2008), the Court dismissed the writ of certiorari as improvidently granted. In Philip Morris USA Inc. v. Williams, 556 U.S. 178 (2009), the Court dismissed the writ of certiorari as improvidently granted. 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 Chief Justice: John Roberts Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito Moore v. United States James Eric Moore v. United States 555 U.S. 1 October 14, 2008 Under United States v. Booker and Kimbrough v. United States, the Sentencing Guidelines suggesting a disparity between crack and powder cocaine are advisory only. Eighth Circuit reversed and remanded. Defendant convicted, sentenced, N.D. Ia.; aff'd, 470 F. 3d 767 (8th Cir. 2006); vacated and remanded, 552 U.S. 1090 (2008); aff'd, 518 F. 3d 577 (2008) 18 3553 official slip opinion https://web.archive.org/web/20120516151301/https://www.supremecourt.gov/opinions/08pdf/07-10689.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/555/1.html Justia https://supreme.justia.com/cases/federal/us/555/1/ Brunner v. Ohio Republican Party Jennifer Brunner, Ohio Secretary of State v. Ohio Republican Party, et al. 555 U.S. 5 October 14, 2008 In 2002, President George W. Bush signed the Help America Vote Act (HAVA) into law. One provision of HAVA required the officials who maintain each state's voter registration database to work with the officials who maintain each state's driver's license database to help verify the accuracy of each list. The Ohio Republican Party, which believed that then-Secretary of State Jennifer Brunner was not complying with the law by not working with Ohio Department of Transportation officials, sued to force her compliance. The District Court entered a Temporary Restraining Order (TRO) ordering Brunner to begin compliance immediately. Brunner appealed to the Sixth Circuit, which declined to vacate the TRO, thus continuing to force her compliance. Brunner once again appealed to the Supreme Court, which granted her application to vacate the TRO, and in a per curiam opinion held that while they express no opinion regarding whether Brunner was properly implementing HAVA, it was not sufficiently likely that HAVA gave district courts the authority to enforce Section 303 in an action brought by a private litigant to justify a TRO. TRO granted, S.D. Ohio, Oct. 9, 2008; motion to vacate denied, 6th Cir. (en banc) 42 15483(a)(5)(B)(i) (Help America Vote Act of 2002 §303) official slip opinion https://web.archive.org/web/20120516151308/https://www.supremecourt.gov/opinions/08pdf/08A332.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/08-332.html Justia https://supreme.justia.com/cases/federal/us/555/5/ Hedgpeth v. Pulido Anthony Hedgpeth, Warden, v. Michael Robert Pulido 555 U.S. 57 December 2, 2008 Ninth Circuit vacated and remanded. A conviction based on a general verdict is subject to challenge if the jury was instructed on alternative theories of guilt and may have relied on an invalid one. When this happens, it is not structural error, so it is subject to constitutional harmless error analysis. As explained in Brecht v. Abrahamson, 507 U. S. 619, 623 (1993), the reviewing court must ask if the flaw in the instructions had substantial and injurious effect or influence in determining the jury's verdict. If so, the verdict must be overturned. Stevens filed a dissent, joined by Souter and Ginsburg. Defendant's conviction upheld, sub. nom., People v. Pulido, 936 P.2d 1235 (Cal. 1997); petition granted, sub nom., Pulido v. Lamarque, No. 99–4933, (N.D. Cal. Mar. 24, 2005); aff'd, sub nom., Pulido v. Chrones, 487 F.3d 669 (9th Cir. 2007), cert. granted, 552 U.S. 1230 (2008) U.S. Const. amend. XIV official slip opinion https://web.archive.org/web/20120516151316/https://www.supremecourt.gov/opinions/08pdf/07-544.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/555/57.html Justia https://supreme.justia.com/cases/federal/us/555/57/ Spears v. United States Steven Spears v. United States 555 U.S. 261 January 21, 2009 Federal district courts may categorically reject the disparity between the crack and powder cocaine sentencing guidelines on policy grounds.Frank O. Bowman, III, Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines, 51 Hous. L. Rev. 1227 (2014) The court cited Kimbrough v. United States. Eighth Circuit reversed and remanded. Kennedy noted without separate opinion that he would grant the petition for a writ of certiorari and set the case for oral argument. Thomas dissented without separate opinion. Roberts filed a dissent, joined by Alito. Defendant convicted, sentenced; sentencing reversed, remanded, 469 F.3d 1166 (8th Circuit 2006); vacated, remanded, 552 U.S. 1090 (2008); reversed, remanded, 533 F.3d 715 (8th Cir. 2008) 18 3553 official slip opinion https://web.archive.org/web/20120516151338/https://www.supremecourt.gov/opinions/08pdf/08-5721.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/555/261.html Justia https://supreme.justia.com/cases/federal/us/555/261/ Nelson v. United States Lawrence W. Nelson, aka Zikee v. United States 555 U.S. 350 January 26, 2009 Fourth Circuit reversed and remanded. Prior Supreme Court case law does not allow a sentencing court to presume that a sentence within the applicable Guidelines range is reasonable. Breyer filed an opinion concurring in the judgment, joined by Alito. Conviction and sentencing affirmed, 237 Fed. Appx. 819 (4th Cir. 2007); vacated, remanded, 552 U.S. 1163 (2008); sentence affirmed, 276 Fed. Appx. 331 (4th Cir. 2008) 18 3553 official slip opinion https://web.archive.org/web/20120516151407/https://www.supremecourt.gov/opinions/08pdf/08-5657.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/555/350.html Justia https://supreme.justia.com/cases/federal/us/555/350/ CSX Transp., Inc. v. Hensley CSX Transportation, Inc. v. Thurston Hensley 556 U.S. 838 June 1, 2009 Court of Appeals of Tennessee, Eastern Division, reversed and remanded. Stevens and Ginsburg filed dissents. Judgment for plaintiff; aff'd, 278 S.W. 3d 282 (Tenn. 2008) 45 51 et seq. (Federal Employers' Liability Act) official slip opinion https://web.archive.org/web/20120516151432/https://www.supremecourt.gov/opinions/08pdf/08-1034.pdf Findlaw https://caselaw.findlaw.com/us-supreme-court/556/838.html Justia https://supreme.justia.com/cases/federal/us/556/838/ Indiana State Police Pension Trust v. Chrysler LLC Indiana State Police Pension Trust v. Chrysler LLC Indiana State Police Pension Trust, et al. v. Chrysler LLC, et al. 556 U.S. 960 June 9, 2009 Application for stay denied. Restructuring plan approved, Bankr. S.D.N.Y., May 31, 2009; aff'd, 2d Cir., June 5, 2009; temporary stay granted, June 8, 2009 (Ginsburg, J.) official slip opinion https://web.archive.org/web/20120510155442/https://www.supremecourt.gov/opinions/08pdf/08A1096.pdf See also List of United States Supreme Court cases, volume 555 List of United States Supreme Court cases, volume 556 Notes References https://www.supremecourt.gov/opinions/slipopinion/08 2008 Term Opinions of the Court Supreme Court of the United States March 25, 2010 2008 October 6, 2008 October 4, 2009 Category:United States Supreme Court per curiam opinions Category:Lists of 2008 term United States Supreme Court opinions *2008 per curiam