Opinion

Metropolitan County Board of Education v. Kelley

  • 459 U.S. 1183
  • 51 U.S.L.W. 3553
  • 103 S. Ct. 834
  • 74 L. Ed. 2d 1027
  • 1983 U.S. LEXIS 3282
Court
Supreme Court of the United States
Filed
Jan 24, 1983
Status
Published
On the bench
Consideration, Took
Cited by
62 cases
Authority
More cited than 96.4%

“examination of the elements of homicides, notably the mental states, illustrates that it is second degree murder, not first degree murder, which would sufficiently test a jury's belief of the crucial facts for a conviction of capital murder”

How later courts described this case

  • “examination of the elements of homicides, notably the mental states, illustrates that it is second degree murder, not first degree murder, which would sufficiently test a jury's belief of the crucial facts for a conviction of capital murder”
  • mail fraud not precluded as RICO predicate where conduct could be prosecuted under False Claims Act
  • In criminal RICO prosecution, corporation simultaneously can be defendant and "enterprise”
  • "A corporation may be simultaneously both a defendant and the enterprise" under section 1962(c)

Written by the judges who cited it.

The opinion

C. A. 6th Cir. Certiorari denied.

Justice Marshall took no part in the consideration or decision of this petition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.