HOLLOWAY v. UNITED STATES

No. 97-7164.

526 U.S. 1 (1999)

HOLLOWAY aka ALI v. UNITED STATES

United States Supreme Court.

Decided March 2, 1999.


Attorney(s) appearing for the Case

Kevin J. Keating, by appointment of the Court, 525 U.S. 806, argued the cause for petitioner. With him on the briefs were David G. Secular and Robert C. Nissen.

Deputy Solicitor General Underwood argued the cause for the United States. With her on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, Edward C. DuMont, and Deborah Watson.*

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., p. 12, and Thomas, J., p. 22, filed dissenting opinions.


Justice Stevens, delivered the opinion of the Court.

Carjacking "with the intent to cause death or serious bodily harm" is a federal crime.1 The question presented in this case is whether that phrase requires the Government to prove that the defendant had an unconditional intent to kill or harm in all events, or whether it merely requires proof of an intent to kill or harm if necessary to effect a carjacking. Most of the judges who have...

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