Opinion · Supreme Court of the United States

Metropolitan County Board of Education v. Kelley

459 U.S. 1183

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1983-01-24
Topic
general

How later courts describe this case

  • mail fraud not precluded as RICO predicate where conduct could be prosecuted under False Claims Act
  • "A corporation may be simultaneously both a defendant and the enterprise" under section 1962(c)
  • “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”
  • In criminal RICO prosecution, corporation simultaneously can be defendant and "enterprise”

Citator

UpLaw has not yet analyzed Metropolitan County Board of Education v. Kelley. The absence of a flag is not a finding that it is good law.

Cited by
76 opinions

C. A. 6th Cir. Certiorari denied.

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