ELK GROVE UNIFIED SCHOOL DISTRICT ET AL.

v.

NEWDOW ET AL.

Citator

Cited By

• Tennard v. Dretke, 542 U.S. 274 (U.S. 2004)
  …ation of a substantive Atkins claim. It observed that “Tennard has never argued that the Eighth Amendment prohibits his execution” and reinstated its prior panel opinion. Tennard v. Cockrell, 317 F. 3d 476, 477 (2003). We again granted certiorari. 540 U. S. 945 (2003). II A A GOA should issue if the applicant has “made a substantial showing of the denial of a constitutional right,” 28 U. S. C. § 2253(c)(2), which we have interpreted to require that the “petitioner must demonstrate that reasonable juris…
• Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (U.S. 2004)
  …ted the School District’s petition for a writ of certiorari to consider two questions: (1) whether Newdow has standing as a noncustodial parent to challenge the School District’s policy, and (2) if so, whether the policy offends the First Amendment. 540 U. S. 945 (2003). [*11] III In every federal case, the party bringing the suit must establish standing to prosecute the action. “In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of…
• Dretke v. Haley, 541 U.S. 386 (U.S. 2004)
  …edicate act forming the basis for enhancement), and Mikalajunas, supra (actual innocence exception applies in noncapital sentencing context where error relates to a recidivist enhancement). We granted the State’s request for. a writ of certiorari, 540 U. S. 945 (2003), and now vacate and remand. II The procedural default doctrine, like the abuse of writ doctrine, “refers to a complex and evolving body of equitable principles informed and controlled by historical usage, statutory developments, and judicia…