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INDEX

ADMIRALTY. See Maritime Law.

AGGRAVATED FELONIES. See Immigration and Nationality Act, 1.
AGGRAVATING CIRCUMSTANCES. See Habeas Corpus.

ALIEN REMOVAL. See Immigration and Nationality Act.

APPOINTED APPELLATE COUNSEL. See Standing.

ARKANSAS RIVER. See Riparian Rights.

ATTORNEYS. See Constitutional Law, V; Standing.

"BIG DIG." See Longshore and Harbor Workers' Compensation Act.
BOSTON HARBOR. See Longshore and Harbor Workers' Compensa-
tion Act.

CALIFORNIA. See Constitutional Law, III.

CAPITAL MURDER. See Constitutional Law, I; V; Habeas Corpus;
Supreme Court.

CERCLA. See Environmental Law.

CERTIORARI. See Supreme Court.

CIVIL RIGHTS ACT OF 1871. See Immunity from Suit.

CLEANUP OF HAZARDOUS WASTE SITES. See Environmental
Law.

COLORADO. See Riparian Rights.

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSA-
TION, AND LIABILITY ACT OF 1980. See Environmental Law.
CONSPIRACY. See Criminal Law.

CONSTITUTIONAL LAW.

I. Cruel and Unusual Punishment.

1. Capital murder-Jury instruction on mitigation evidence.-In-
struction given in penalty phase of petitioner's capital murder trial-

CONSTITUTIONAL LAW-Continued.

which allowed jury to give effect to mitigation evidence only by negating
what would otherwise be affirmative responses to two special issues relat-
ing to deliberateness and future dangerousness-was constitutionally in-
adequate under Penry v. Johnson, 532 U. S. 782. Smith v. Texas, p. 37.

2. Death penalty-Offenders under age 18.-Eighth and Fourteenth
Amendments forbid imposition of death penalty on offenders who were
under 18 when their crimes were committed. Roper v. Simmons, p. 551.

II. Double Jeopardy.

Midtrial acquittal-Judge's reconsideration of decision.-Once de-
fense went forward with its case, Double Jeopardy Clause forbade judge
to reconsider her midtrial decision to acquit petitioner of one charge.
Smith v. Massachusetts, p. 462.

III. Equal Protection of the Laws.

Prisoners' rights-Racial segregation-Standard of review.-Strict
scrutiny is proper standard for an equal protection challenge to California
Department of Corrections' unwritten policy of racially segregating male
prisoners in double cells for up to 60 days each time they enter a new
correctional facility. Johnson v. California, p. 499.

IV. Freedom of Speech.

Employment termination-Police officer's conduct.-San Diego did not
violate respondent officer's First Amendment rights when it terminated
him for activities that included selling videotapes of himself engaging in
sexually explicit acts while wearing a police uniform. San Diego v. Roe,
p. 77.

V. Right to Counsel.

Effectiveness of assistance-Standard of review.-Counsel's failure to
obtain a defendant's express consent to a strategy of conceding guilt in a
capital trial does not automatically render counsel's performance constitu-
tionally deficient; such counsel's effectiveness should be evaluated under
reasonableness standard of Strickland v. Washington, 466 U. S. 668.
Florida v. Nixon, p. 175.

VI. Right to Jury Trial.

Federal Sentencing Guidelines-Validity of mandatory sentences.
Sixth Amendment, as construed in Blakely v. Washington, 542 U. S. 296,
applies to Federal Sentencing Guidelines; Sentencing Reform Act of 1984
provision making those Guidelines mandatory, 18 U. S. C. §3553(b)(1),
must be severed and excised from Act, as must §3742(e), which depends
upon Guidelines' mandatory nature. United States v. Booker, p. 220.

CONSTITUTIONAL LAW-Continued.

VII. Searches and Seizures.

1. Narcotics-detection dog-Lawful traffic stop.-A sniff by a narcotics-
detection dog during a concededly lawful traffic stop does not violate
Fourth Amendment where sniff reveals no information other than location
of a substance that no individual has any right to possess. Illinois v. Ca-
balles, p. 405.

2. Warrantless arrest-Probable cause.-A warrantless arrest is rea-
sonable under Fourth Amendment if, given facts known to arresting offi-
cer, there is probable cause to believe that a crime has been or is being
committed; it is not made unlawful by fact that offense establishing proba-
ble cause is not "closely related" to offense stated by officer at time of
arrest. Devenpeck v. Alford, p. 146.

CONTINGENT FEE PAYMENTS AS INCOME. See Taxes.

CONTRACT SUPPORT COSTS. See Indian Self-Determination and
Education Assistance Act.

CRIMINAL LAW. See also Constitutional Law, I; II; V-VII; Habeas
Corpus; Immigration and Nationality Act, 1; Supreme Court.
Money laundering-Conspiracy-Proof required.-Conviction for con-
spiracy to commit money laundering under 18 U. S. C. § 1956(h) does not
require proof of an overt act in furtherance of conspiracy. Whitfield v.
United States, p. 209.

CRUEL AND UNUSUAL PUNISHMENT. See Constitutional Law, I;
Habeas Corpus.

DEATH PENALTY. See Constitutional Law, I; Habeas Corpus.

DEPORTATION. See Immigration and Nationality Act.

DISCRIMINATION BASED ON RACE. See Constitutional Law,
III; Injunctions.

DISCRIMINATION IN VOTING. See Injunctions.

DOUBLE JEOPARDY. See Constitutional Law, II.

DREDGES. See Longshore and Harbor Workers' Compensation Act.

DRIVING UNDER INFLUENCE. See Immigration and Nationality
Act, 1.

DRUG-DETECTION DOGS. See Constitutional Law, VII, 1.

EFFECTIVE ASSISTANCE OF COUNSEL. See Constitutional
Law, V.

EIGHTH AMENDMENT. See Constitutional Law, I; Habeas Corpus;

Supreme Court.

ELECTIONS. See Injunctions.

EMPLOYER AND EMPLOYEES. See Constitutional Law, IV.

ENVIRONMENTAL LAW.

Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980-Hazardous waste site cleanup-Contributions from
other liable parties.-A private party undertaking the cleanup of proper-
ties contaminated by hazardous substances, who has not been sued in a
civil action under CERCLA § 106 or § 107(a) may not obtain contribution
under § 113(f)(1) of that Act from other liable parties. Cooper Industries,
Inc. v. Aviall Services, Inc., p. 157.

EQUAL PROTECTION OF THE LAWS. See Constitutional Law, III.
EXECUTION OF JUVENILE OFFENDERS. See Constitutional
Law, I, 2.

FAIR USE DEFENSE. See Trademarks.

FEDERAL SENTENCING GUIDELINES. See Constitutional Law,
VI.

FEDERAL TAXES. See Taxes.

FIFTH AMENDMENT. See Constitutional Law, II, IV.

FIRST AMENDMENT. See Constitutional Law, IV.

FLORIDA. See Immigration and Nationality Act, 1.

FOURTEENTH AMENDMENT. See Constitutional Law, I, 2; III;
Supreme Court.

FOURTH AMENDMENT. See Constitutional Law, VII; Immunity
from Suit.

FREEDOM OF SPEECH. See Constitutional Law, IV.

FUTURE DANGEROUSNESS. See Constitutional Law, I, 1.

GROSS INCOME. See Taxes.

GUILTY PLEAS. See Constitutional Law, V.

HABEAS CORPUS. See also Immigration and Nationality Act, 3.
Capital murder-Sentencing-Vague jury instruction.-Granting re-
spondent federal habeas relief was in error because, in finding that statu-
tory aggravating circumstance found by jury was unconstitutionally vague
and that Tennessee Supreme Court failed to cure this vagueness on direct

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