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352nd District Court

352nd District Court

Features summaries of interesting and notable cases from the 352nd District Court of Texas. By Judge Bonnie Sudderth.

http://352nddistrictcourt.wordpress.com/
  • Feb 25

    2008 – The Tragic Mother and Child Reunion

    2008 – The Tragic Mother and Child Reunion
    The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.” 
  • Dec 11

    2011 – Death and Taxes … and Chicken

    2011 – Death and Taxes … and Chicken
    The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world.  A…
  • Nov 20

    1998 – The God Pod

    1998 – The God Pod
    Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…
Rank this Week: 3373

A Criminal Waste of Space

A Criminal Waste of Space

An irreverant look at legal matters. By Justice William W. Bedsworth.

http://www.acriminalwasteofspace.com/journal_beds.asp
  • Nov 28

    It

    It
  • Nov 5

    My Retirement: Pucks, Ducks, and Yuck

    My Retirement: Pucks, Ducks, and Yuck
                        Well, it's official.  The retirement papers are filed, I've said goodbye to my colleagues, and turned in my ID card.  I may come back on assignment sometime, but basic...
  • Nov 5

    Finally -- A Judging Job I can Handle

    Finally -- A Judging Job I can Handle
                             I think I've found my calling.                    &...
Rank this Week: 2537

Abstract Appeal

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://www.abstractappeal.com/
  • Aug 12

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional
    This decision will attract a great deal of attention. It should. Today, the Eleventh Circuit held that the individual insurance mandate contained in the massive 2010 health care legislation violates the federal constitution because Congress…
  • Jul 8

    People Say I’m Lazy…

    People Say I’m Lazy…
    Dreaming my life away. Well they give me all kinds of advice… You know the rest. Lennon had been spending time raising a family in New York. My story is a little different.
  • Feb 21

    Hey Legislature: That MedMal Immunity Is Illusory

    Hey Legislature: That MedMal Immunity Is Illusory
    This decision from the Fourth District examined section 768.135, the title of which references immunity for volunteer sports team physicians.
Rank this Week: 2438

AsktheJudge.info

AsktheJudge.info

Educational site for and about teens and the law. By retired juvenile judge Tom Jacobs.

http://www.askthejudge.info/
  • Aug 18

    10 Back to School Laws Every Student Should Know

    10 Back to School Laws Every Student Should Know
    It’s back to school season, so we’ve compiled a list of laws that every student should know about. We hear from many children and teenagers throughout the year who have either been disciplined at school or are concerned about…
  • Aug 11

    Unwise selfie leads to death

    Unwise selfie leads to death
    Can a selfie really be harmful? After all, you’re the one taking the picture, so consent isn’t an issue. Of course, if it’s sexting, that’s another matter altogether. A recent incident in Mexico City highlights the…
  • Aug 5

    Teen faces 5-to-life for brownie sale

    Teen faces 5-to-life for brownie sale
    You probably guessed it – not your mother’s brownies but homemade ones by 19-year-old Jacob Lavoro laced with marijuana and hash oil. Jacob was arrested in Texas in April, 2014 after a complaint led to a search of his apartment.…
Rank this Week: 2433

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/
  • Aug 22

    Summary of August 20, 2014 conference report for civil case

    Summary of August 20, 2014 conference report for civil case
    Summary of August 20, 2014 conference report for civil cases The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, August 20, 2014. The summary…
  • Aug 22

    Death penalty opinion filing Monday

    Death penalty opinion filing Monday
    As expected, the Supreme Court on Monday morning will file its opinion in People v. Bryant, Smith, and Wheeler, an automatic appeal from an October 1995 judgment of death.  The case was argued on the court’s late-May calendar.…
  • Aug 20

    The specter of more frequent “100-year floods”

    The specter of more frequent “100-year floods”
    Not long after California voters ousted Chief Justice Rose Bird and Associate Justices Joseph Grodin and Cruz Reynoso from the state Supreme Court, new Chief Justice Malcolm Lucas assured that the election “was analogous to a…
Rank this Week: 992

California Appellate Report

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/
  • Aug 22

    People v. Baniani (Cal. Ct. App. - Aug. 22, 2014)

    People v. Baniani (Cal. Ct. App. - Aug. 22, 2014)
    Perhaps I've been persuaded by the de facto status quo.  But if the defendant in this case isn't entitled to present (as he did at his first trial) a defense under the Medical Marijuana Program Act, I don't know who is.The jury at his…
  • Aug 21

    People v. Lucas (Cal. Supreme Ct. - Aug. 21, 2014)

    People v. Lucas (Cal. Supreme Ct. - Aug. 21, 2014)
    This opinion is difficult to get through.  Not merely because of its length.  It recounts a brutal -- truly brutal -- series of crimes.  Profoundly disturbing.I'll skip over the overwhelming majority of the stuff.  Though…
  • Aug 21

    Martinez v. Aero Carribean (9th Cir. - Aug. 21, 2014)

    Martinez v. Aero Carribean (9th Cir. - Aug. 21, 2014)
    It's fitting that two of the three members of this panel -- including the author of the opinion -- are former law professors.  Because the issue is straight out of a first-year civil procedure exam:Does personal jurisdiction based upon…
Rank this Week: 178

Changing the Court

Changing the Court

A chronicle of how a group of planners and practitioners are attempting to change the Bronx court system's approach to low-level criminal offending. From the Center for Court Innovation.

http://changingthecourt.blogspot.com/
  • Aug 19

    Broken Windows Theory

    Broken Windows Theory
    Broken Windows Theory infuses many of the ideas and projects of the Center for Court Innovation. My overly simplified explanation of the theory goes like so: by changing the appearance of a neighborhood for the better (ex. repairing broken…
  • Aug 15

    A BCS Summer Intern's Experience

    A BCS Summer Intern's Experience
    Throughout the year, Bronx Community Solutions relies on the careful, enthusiastic work provided by a rotating team of talented interns. Interns help out with intake and scheduling, classroom monitoring, special projects such as the DWI…
  • Aug 6

    The Bronx is Blooming!

    The Bronx is Blooming!
    BCS ADP Community Service Participants and youth volunteers begin their day of work in the park On Tuesday, July 29th, the Bronx was blooming at Joyce Kilmer Park on 161st street and Grand Concourse. BCS Youth Community Service met with our…
Rank this Week: 802

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 2401

Confirm Them

Confirm Them

Covers the judicial confirmation battles in the United States Senate.

http://www.confirmthem.com/
  • Jul 22

    My Review Of LifeCell 30 Day Trial

    My Review Of LifeCell 30 Day Trial
    LifeCell 30 Day Free Trial – How Good Is It Really? Is it even possible to pass up a free trial on the latest anti-ageing product, that just so happens to be taking Hollywood by storm? Well I didn’t think so, which is why I…
  • Jul 21

    Anti Aging Face Creams For Oily Skin

    Anti Aging Face Creams For Oily Skin
    Anti Ageing Face Cream for Oily Skin                Finding the right face cream for your skin can be as important as eating the right variety of foods. Your skin needs all…
  • Jul 21

    Anti Aging Creams For Dry Skin

    Anti Aging Creams For Dry Skin
    Anti Ageing Face Cream for Dry Skin                Dry skin can be one of the hardest skin conditions to have to deal with. You might already drink plenty of water, keep…
Rank this Week: 156

Court News Ohio

Court News Ohio

Provides case announcements and decision highlights. From the Supreme Court of Ohio and Ohio Government Telecommunications.

http://www.courtnewsohio.gov/
  • Aug 22

    Parents of Teen Killed on Repaved Wayne County Road Can Sue County for Negligence

    Parents of Teen Killed on Repaved Wayne County Road Can Sue County for Negligence
    Wayne County cannot claim immunity from a civil lawsuit, but rather a court should determine if the county was negligent in the death of a teen who died when she crashed on a rural road undergoing repaving.
  • Aug 21

    Court Overturns OMVI Ruling for Pulling Over a Driver Making a Rucku

    Court Overturns OMVI Ruling for Pulling Over a Driver Making a Rucku
    A Uniontown police officer had no legitimate reason for pulling over a motorist who was yelling and flailing his arm out of the driver side window, and therefore could not order him to perform a field sobriety test, the Fifth District Court…
  • Aug 20

    Court Upholds $1.3 Million Takings Judgment Against Westerville for Streetscape Project

    Court Upholds $1.3 Million Takings Judgment Against Westerville for Streetscape Project
    The city of Westerville may not have intended to wall off a U.S. Bank branch from its customers as it acquired land for its gateway beautification project, but the manner in which it took control of the land gave it the right to and now it…
Rank this Week: 703

DailyWrit

DailyWrit

Covers the US Supreme Court. By Kedar Bhatia.

http://dailywrit.com
  • Apr 23

    Agreement Between Justices Scalia and Thomas During October Term 2012

    Agreement Between Justices Scalia and Thomas During October Term 2012
    Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past?…
  • Jan 24

    Advocates Arguing from Private Practice (OT 2000-2011)

    Advocates Arguing from Private Practice (OT 2000-2011)
    In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the Solicitor General. As a comment on that post mentions, some who made my list had previous experience…
  • Jan 24

    Top Supreme Court Advocates of the Twenty-First Century

    Top Supreme Court Advocates of the Twenty-First Century
    I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download the article here here. This Article identifies the Supreme Court litigators who have argued at least…
Rank this Week: 245

Direct Appeal

Direct Appeal

Covers recent criminal cases from the U.S. Court of Appeals for the Tenth Circuit. By Russell Wheeler.

http://directappeal2.blogspot.com/
Rank this Week: 723

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

Devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation. By Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Aug 22

    The Relationship between Contentions and Expert Report

    The Relationship between Contentions and Expert Report
    An issue in local practice under the Patent Local Rules is the relationship between contentions, whether they be infringement or invalidity, and the reports of experts who will present those contentions to a jury. The issue of when there…
  • Aug 22

    The Relationship between Contentions and Expert Report

    The Relationship between Contentions and Expert Report
    An issue in local practice under the Patent Local Rules is the relationship between contentions, whether they be infringement or invalidity, and the reports of experts who will present those contentions to a jury. The issue of when there…
  • Aug 22

    Motion to Transfer Venue Granted Under "First to File" Rule

    Motion to Transfer Venue Granted Under "First to File" Rule
    RPost Holdings, Inc. v. Sophos, Inc., 2:13cv959 (8/20/2014) District Judge Rodney Gilstrap Holding: Motion to Transfer Venue GRANTED This case presents application of the "first to file" rule with respect to motions to transfer venue alleging…
Rank this Week: 208

ECJBlog

ECJBlog

Features news about the European Court of Justice. By Allard Knook.

http://courtofjustice.blogspot.com/
  • Jul 25

    Case C-600/12, Commission v Greece

    Case C-600/12, Commission v Greece
    Greek infringing EU law by not prohibiting uncontrolled management of landfill site at Natura 2000 site>> The Waste Framework Directive (Directive 2008/98, herinafter: „ WFD”) requires Member States to take the necessary…
  • Jul 25

    Case C‑338/13, Noorzia

    Case C‑338/13, Noorzia
    Requiring minimum age 21 by date of application reunification of spouses not infringing Directive on right to family reunification>> The Directive on the right to family reunification (Directive 2003/86/EC) lays down the conditions…
  • Jul 15

    Case C-573/12, Ålands Vindkraft

    Case C-573/12, Ålands Vindkraft
    Swedish support scheme promoting green energy production in national territory compatible with EU law>> The Renewable Energy Directive (Directive 2009/28) allows Member States to support the production of green energy. Member States…
Rank this Week: 3025

Eminent Domain

Eminent Domain

Covers judicial news.

http://eminentdomain.blogspot.com/
  • Jan 4

    It's Been Fun

    It's Been Fun
    I know that I've got a sizable collection of posts that start "I know I've been gone for a while," but I thought that I could squeeze one more into the pack. I know I've been gone for a while, but forces much stronger than Blogger.com are to…
  • Dec 6

    A Little More Complicated...

    A Little More Complicated...
    I had a chance to listen to the audio from the Boumediene v Bush case last night. I previously guessed that this would be a clear 5-4, Kennedy joins the liberals case. After the argument, I'm not so sure anymore. Kennedy was oddly quiet. …
  • Dec 5

    Clinton on the Supreme Court

    Clinton on the Supreme Court
    Scary title, isn't it? I'm using the word "on" in place of "talking about," so hopefully that should calm some fears. But wait. Don't relax just yet. Here's Senator Hillary Clinton talking about who she would appoint to the Supreme Court…
Rank this Week: 3261

European Court of Human Rights

European Court of Human Rights

Covers European Court of Human Rights documents and information.

http://ecohr.wordpress.com
  • Oct 4

    Turkey hittings military targets in Syria

    Turkey hittings military targets in Syria
    Turkish artillery hit targets near Syria’s Tel Abyad border town for a second day on Thursday, killing several Syrian soldiers according to activists and security sources, after a mortar bomb fired from the area killed five Turkish…
  • Oct 3

    Turkey bombed military targets in Syria

    Turkey bombed military targets in Syria
    Turkey’s military struck targets inside Syria on Wednesday in response to a mortar bomb fired from Syrian territory which killed five Turkish civilians, Prime Minister Recep Tayyip Erdo?an’s office said in a statement. “Our armed forces…
  • Oct 2

    Russia Calls for Calm on Tense Turkish-Syria Border

    Russia Calls for Calm on Tense Turkish-Syria Border
    Russian Deputy Foreign Minister Gennady Gatilov has urged restraint between Turkey and Syria, calling for calm on the tense Turkish-Syrian border. “We believe both Syrian and Turkish authorities should exercise maximum restraint in this…
Rank this Week: 1104

European Court of Human Rights

European Court of Human Rights

Covers court decisions and information.

http://ecohr.blogspot.com/
  • Jan 19

    Hrant Dink Murder on Seventh Anniversary of his Death

    Hrant Dink Murder on Seventh Anniversary of his Death
    Thousands took part in a walk in İstanbul on Sunday commemorating the seventh anniversary of the death of Hrant Dink, showing that there remains a persistent conviction that connections behind his assassination have been covered up by…
  • Jan 11

    Davutoğlu clarifies ‘Assad lesser evil' statement

    Davutoğlu clarifies ‘Assad lesser evil' statement
    Foreign Minister Ahmet Davutoğlu has slammed the use of the word “jihadist” in an English translation for the Turkish word “mücahid” to describe the slogan employed by some of Prime Minister Recep Tayyip…
  • Sep 23

    Case of Ahmet Atahür Söyler v. Turkey

    Case of Ahmet Atahür Söyler v. Turkey
    Case of Ahmet Atahür Söyler v. Turkey (Application no. 29411/07)JUDGMENT (17 September 2013)STRASBOURGPROCEDURE1. The case originated in an application (no. 29411/07) against the Republic of Turkey lodged with the Court under…
Rank this Week: 3662

Federalist Society SCOTUScast

Federalist Society SCOTUScast

Provides expert commentary on U.S. Supreme Court cases as they are argued and issued. By the Federalist Society for Law & Public Policy Studies.

http://fedsoc.server326.com/audio/SCOTUScast/SCOTUScast.xml
  • Aug 4

    Limelight v. Akamai Technologies and Nautilus v. Biosig Instrument

    Limelight v. Akamai Technologies and Nautilus v. Biosig Instrument
    On June 2, 2014, the Supreme Court issued opinions in two property rights cases, Limelight Networks v. Akamai Technologies and Nautilus v. Biosig Instruments.The question in Limelight v. Akamai Technologies was whether the Federal Circuit…
  • Jul 30

    Alice Corporation Pty. Ltd. v. CLS Bank International - Post-Decision SCOTUScast

    Alice Corporation Pty. Ltd. v. CLS Bank International - Post-Decision SCOTUScast
    On June 19, 2014, the Supreme Court issued its opinion in Alice Corporation Pty. Ltd. v. CLS Bank International. The question in the case is whether, for purposes of obtaining a patent, claims to computer-implemented inventions…
  • Jul 29

    American Broadcasting Companies, Inc. v. Aereo, Inc. - Post-Decision SCOTUScast

    American Broadcasting Companies, Inc. v. Aereo, Inc. - Post-Decision SCOTUScast
    | On June 25, 2014, the Supreme Court issued its opinion inAmerican Broadcasting Companies, Inc. v. Aereo. This case involves the question of whether, under sections 101 and 106 of the Copyright Act, a company “publicly performs”…
Rank this Week: 855

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Jul 28

    Arbitration Awards and Judicial Review of Contracts for Illegality

    Arbitration Awards and Judicial Review of Contracts for Illegality
    By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract…
  • Jun 14

    Court Rules on Local Red-light Camera Ordinance

    Court Rules on Local Red-light Camera Ordinance
    By Jacek Stramski The Supreme Court’s joint opinion issued Thursday in Masone v City of Aventura (SC12-644) and City of Orlando v. Udowychenko (SC12-1471) invalidated the municipal red light traffic camera enforcement systems set up by…
  • Jun 2

    Attorney’s Fees in Extraordinary Writ Proceeding

    Attorney’s Fees in Extraordinary Writ Proceeding
    By Jacek Stramski Last week the Supreme Court clarified the procedure available to a party who wishes to seek attorney’s fees in an original writs proceeding at the appellate level. The decision, issued in Advanced Chiropractic and…
Rank this Week: 2601

Gavel to Gavel

Gavel to Gavel

Covers trends in legislative activity as it relates to the courts. By the National Center for State Courts.

http://gaveltogavel.us/
Rank this Week: 2432

INCourts

INCourts

Covers Indiana court decisions.

http://incourts.blogspot.com/
  • Jan 19

    What a Scribefire Post Looks Like

    What a Scribefire Post Looks Like
    Just sending this along to see what it looks like in real life, as it were.
  • Jan 14

    Ice is Here--and Chills the Spirit

    Ice is Here--and Chills the Spirit
    Oregon v. Ice was decided today. (Here at Cornell). 5-4 with a wacky split to say that juries do not need to find facts necessary to impose consecutive sentences. Roberts, Scalia, Souter, and Thomas were the four.
  • Nov 11

    Quote of the Day: On Mediocrity & the Supreme Court

    Quote of the Day: On Mediocrity & the Supreme Court
    There are a lot of mediocre people in this country, and mediocrity should be represented on the Supreme Court.
Rank this Week: 2349

Joel Jacobsen

Joel Jacobsen

Covers criminal law, violent crime and the judiciary. Previously known as the Judging Crimes blog.

http://www.joeljacobsen.com/
  • Feb 10

    Sweet potatoe

    Sweet potatoe
    When was America discovered (by humans)? Not 1492, when Columbus sailed the ocean blue. First there were the people from eastern Asia, of course, who arrived many thousands of years ago. Lately there's some renewed debate about exactly…
  • Jan 17

    Getting back to blogging

    Getting back to blogging
    It's been a refreshing nap. But now I think it's time to get back to blogging. I came very close to burning through my remaining stock of idealism by writing Judging Crimes.  Practicing law means chasing trivialities in the pursuit of…
  • Jul 15

    439. Armed incoherence watch

    439. Armed incoherence watch
    The Chicago gun control decision was a great liberal triumph, the culmination of nearly 50 years of such triumphs.  It shows the wonderful influence William Brennan continues to exert beyond the grave.  (See post 365.)  
Rank this Week: 3168

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
  • Jun 10

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment
    The fourth hearsay exception found in Texas Rules of Evidence 803 pertains statements made for the purpose of receiving a medical diagnosis or treatment. In order to fall within this exception, the statement must describe: the…
  • Feb 2

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition
    The third hearsay exception – TRE’s 803(3) then existing mental, emotional or physical condition – is also similar to the first hearsay exception, the present sense impression.  As its name implies, this exception…
  • Sep 8

    Hearsay Exception #2 – The Excited Utterance Exception

    Hearsay Exception #2 – The Excited Utterance Exception
    Hearsay exception number two – the excited utterance exception – is often confused with previously-discussed hearsay exception number one, the present sense impression.  And while they are similar, and even on occasion,…
Rank this Week: 2311

Judge Tom Talks

Judge Tom Talks

Review of Oklahoma workers' compensation cases, law, and current trends. By Tom Leonard.

http://judgetom.blogspot.com/
  • Aug 10

    Crosswalk and Disposition Table

    Crosswalk and Disposition Table
    The Oklahoma Workers' Compensation Act is repealed, and the Oklahoma Workers' Compensation Code is adopted. Most of the old provisions have been retained, but the numbering is new and the subsections have been shuffled. For example §3…
  • Dec 13

    Budget Outlook for Oklahoma

    Budget Outlook for Oklahoma
    If you are unfamiliar with the Oklahoma Policy Institute, go to its website and bookmark it, add it to you feed reader or follow it on Twitter.
  • Dec 6

    The Bunkhouse Rule

    The Bunkhouse Rule
    The Supreme Court of South Carolina held that a worker's injuries occurred within the course and scope of his employment where the migrant worker sustained a right ankle fracture when he fell on a wet sidewalk outside housing provided by his…
Rank this Week: 4140

Juries

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/
  • Aug 22

    Prosecutors Disciplined for Criticizing Jurors on Facebook: "12 idiots"

    Prosecutors Disciplined for Criticizing Jurors on Facebook: "12 idiots"
    According to the Brainerd Dispatch article below, two Minnesota prosecutors have been disciplined for going on Facebook to criticize jurors who acquitted a defendant in a criminal sexual misconduct case. The Facebook comments by the…
  • Aug 21

    Privacy and Juror Questionnaire

    Privacy and Juror Questionnaire
    The NY Times article below highlights how invasive some juror questionnaires can be. Depending on the facts of the case, some jurors have been asked about abortion, adultery, drug use, race and political party affiliation.TV Habits? Medical…
  • Aug 20

    Defendant's Girlfriend Arrested for Trying to Facebook Juror

    Defendant's Girlfriend Arrested for Trying to Facebook Juror
    To date, many people have heard stories about jurors improperly using the internet to conduct research or communicate with others. Unfortunately, the stories have become all too common. What most people don't hear …
Rank this Week: 1995

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 3058

Legal Legacy

Legal Legacy

Provides book reviews and analyses of notable Supreme Court cases.

http://legallegacy.wordpress.com
  • Aug 22

    August 22, 1950 – Althea Gibson Becomes the First African American on the U.S. Tennis Tour

    August 22, 1950 – Althea Gibson Becomes the First African American on the U.S. Tennis Tour
    On this day in history, officials of the United States Lawn Tennis Association (USLTA) accepted Althea Gibson into their annual championship at Forest Hills, New York, making her the first African-American player to compete in a U.S. national…
  • Aug 20

    August 20, 1940 – Leon Trotsky Is Assassinated in Mexico

    August 20, 1940 – Leon Trotsky Is Assassinated in Mexico
    Leon Trotsky, born Lev Davidovich Bronstein in southern Ukraine, was a Marxist intellectual, revolutionary, and founder of the Red Army. He was also, unfortunately, in disagreement with Lenin over the direction of the Communist Party. Stalin…
  • Aug 19

    America’s Top Corporate Tax Avoider

    America’s Top Corporate Tax Avoider
    Bernie Sanders, the longest serving independent member of Congress in American history, was elected to the U.S. Senate in 2006 after serving 16 years in the House of Representatives. His priorities include addressing the widening income gap…
Rank this Week: 1594

Maryland Courts Watcher

Maryland Courts Watcher

Features the synopses of opinions from Maryland courts, including the Court of Appeals and the Court of Special Appeals.

http://marylandcourts.blogspot.com/
Rank this Week: 3281

Mass Appeal!

Mass Appeal!

Covers appellate issues in the Commonwealth of Massachusetts and the First Circuit Court of Appeals. By Matt Cameron.

http://www.mattcameronlaw.com/mass-appeal/
  • May 31

    Dumb… and DOMA

    Dumb… and DOMA
    A sampling of today’s headlines: (1) DOMA RULED UNCONSTITUTIONAL BY FEDERAL APPEALS COURT
  • Dec 7

    There Is No Line

    There Is No Line
    If you like Mass Appeal, please be sure to check out  There Is No Line, my newest blogging venture. TINL intends to provide actual facts in response to actual arguments and assertions made by actual people—some of whom are merely misguided…
  • Oct 27

    Massachusetts v. The Internet: Commonwealth 0, Internet 2

    Massachusetts v. The Internet: Commonwealth 0, Internet 2
    This week’s cautionary tale in sloppy, reactionary lawmaking comes courtesy (as it so often does) of the Massachusetts legislature.
Rank this Week: 4503

New York Court Watcher

New York Court Watcher

Covers the United States Supreme Court, the New York Court of Appeals and other federal and state appeals courts. By Professor Vincent Martin Bonventre.

http://www.newyorkcourtwatcher.com/
  • Jul 14

    Saratoga Highlights--2013 (Part 8: Recap) [final installment; mostly photos!]

    Saratoga Highlights--2013 (Part 8: Recap) [final installment; mostly photos!]
    Ok, 4 more days till the 2014 meet opens. Here's the final look back at last year's highlights. (click on any Highlight # to see related post) Highlight # 1 Will Take Charge, winning the Travers (click to enlarge any photo) Willie (center)…
  • Jul 13

    Saratoga Highlights--2013 (Part 7: The Humans)

    Saratoga Highlights--2013 (Part 7: The Humans)
    Just 5 more days--this coming Friday--opening day of the Saratoga 2014 meet. Season seats and admission passes in hand, I'm ready. So is the Capital Region. Exciting! Let's wind up last year's highlights with a few humans who made their…
  • Jul 8

    Supreme Court, 2013-14 Term: Quick Recap (Part 3: a few more cases)

    Supreme Court, 2013-14 Term: Quick Recap (Part 3: a few more cases)
    To conclude this series, here are 3 additional significant decisions--one that I should have included in part 1, and two others that don't fit very well in either part 1 or 2. Free Speech McCutcheon v Federal Election Commission--Campaign…
Rank this Week: 4388

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Aug 20

    “The Best Lawyers in America” list

    “The Best Lawyers in America” list
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
  • Aug 15

    Interview on KDAF CW Channel 33

    Interview on KDAF CW Channel 33
    As an appellate lawyer, I often have to answer difficult questions. On Channel 33 news, though, I got to answer an easy one. I was asked whether an individual could form his own country in North Dallas. Um, no.     Here is the…
  • Jul 11

    Supreme Court Hobby Lobby opinion might only directly impact two companie

    Supreme Court Hobby Lobby opinion might only directly impact two companie
    After the Dallas Business Journal published an article about the U.S. Supreme Court’s recent Hobby Lobby decision, a number of people asked me about potential impact on various business. Here are my thoughts: Despite all the attention…
Rank this Week: 4319

Ninth Circuit Blog

Ninth Circuit Blog

Provides case summaries and commentary. By Federal Defenders of the Ninth Circuit.

http://circuit9.blogspot.com/
  • Aug 17

    Case o' The Week: Do The Right Thing - Mageno, Waiver, and Prosecutorial Misstatements During Closing Argument

    Case o' The Week: Do The Right Thing - Mageno, Waiver, and Prosecutorial Misstatements During Closing Argument
     In Maloney, the government acknowledged error – but only during an en banc argument, and only when pinned down after a truly excruciating exchange with the Court.    Far better, it appears, for the government to Do The…
  • Aug 13

    Stanley v. Chappell, No. 13-15987…

    Stanley v. Chappell, No. 13-15987 (Fletcher with Tallman and Bybee).  In this capital habeas case, the Ninth Circuit held that there is no interlocutory appeal under the collateral-order doctrine from a stay and abeyance order under…
  • Aug 13

    United States v. Orozco, No. 13-30199…

    United States v. Orozco, No. 13-30199 (Goodwin with McKeown and Watford).  The Ninth Circuit affirms a marijuana manufacturing charge and use of a weapon in a drug trafficking offense.  The court held that a brief mention of the…
Rank this Week: 838

Nomination Watch

Nomination Watch

Covers judges who support women's rights. By the National Women's Law Center.

http://www.nominationwatch.org/
  • May 4

    Update

    Update
    NominationWatch.org is currently on hiatus until major developments in nominations occur. In the meantime, please visitWomenstake.org, NWLC's multi-issue blog. Please continue to come to here for archival information and resources on…
  • Mar 23

    Can it be that employers aren’t discriminating against women when they don’t cover prescription contraceptives?

    Can it be that employers aren’t discriminating against women when they don’t cover prescription contraceptives?
    In December 2000, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, the federal law prohibiting sex discrimination in employment, ruled that an employer that does not cover prescription contraceptives in…
  • Feb 27

    A Supreme Court decision protecting rights reverberates . . .

    A Supreme Court decision protecting rights reverberates . . .
    In Jackson v. Birmingham Board of Education, in which the National Women’s Law Center represented plaintiff Roderick Jackson, the Supreme Court ruled in 2005 that individuals are protected under Title IX if they are retaliated against for…
Rank this Week: 1975

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

    Question 5 - The Angry Decedent Strikes Again Will
    This question I would rate as a fastball.  There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980.  If you studied the California Probate Code (CPC) you probably did fine.…
  • Oct 7

    Question 3: Can I get a witness? (California Evidence) California Bar Exam

    Question 3: Can I get a witness? (California Evidence) California Bar Exam
    This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law.  This question is probably to calibrate the testing group…
  • Oct 7

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 528

One Court of Justice

One Court of Justice

Covers Michigan's appellate courts. By Warner Norcross & Judd LLP.

http://www.wnj.com/Blogs/Appellate
Rank this Week: 1707

Oral Arguments

Oral Arguments

From the Eighth Circuit U.S. Court of Appeals.

http://www.ca8.uscourts.gov
Rank this Week: 262

Ratio Juris

Ratio Juris

Offers perspectives on judicial decisionmaking and the legal process. By Professors Jim Chen, Alfred Brophy, Stefanie Lindquist, R.J. Lipkin, Chad M. Oldfather, Lori A. Ringhand, and Elizabeth Weeks.

http://ratiojuris.blogspot.com/
Rank this Week: 1206

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Aug 22

    Petition of the day

    Petition of the day
    The petition of the day is:
  • Aug 22

    A fourth same-sex marriage appeal filed

    A fourth same-sex marriage appeal filed
    Arguing that lower federal courts have “subverted” the Supreme Court’s decision last year on same-sex marriage, a Virginia court clerk on Friday filed his own petition – the second filing seeking a ruling on the…
  • Aug 22

    Rules for birth-control mandate after Hobby Lobby (UPDATED)

    Rules for birth-control mandate after Hobby Lobby (UPDATED)
    UPDATE 5:27 p.m.  The proposed new rules have now been published by the government.  The revisions for profit-making businesses are here, and for non-profit organizations are here. ———- The Obama administration,…
Rank this Week: 11

Second Circuit Blog

Second Circuit Blog

Feature case summaries and commentary by the Federal Defenders office in New York City.

http://circuit2.blogspot.com/
  • Jul 28

    Cost of Incarceration Is Not a Permissible Factor In Deciding Whether To Impose Imprisonment

    Cost of Incarceration Is Not a Permissible Factor In Deciding Whether To Impose Imprisonment
    United States v. Park, No. 13-4142-cr (2d Cir. July 9, 2014) (Cabranes, Carney, and Droney) (per curiam), available hereConvicted of filing a false corporate tax return, Park was sentenced to three years' probation, including six months'…
  • Jul 28

    Admission of Lineup Identification of Defendant Was, At Most, Harmless Error

    Admission of Lineup Identification of Defendant Was, At Most, Harmless Error
    United States v. Reed, No. 13-0359(L) (2d Cir. June 25, 2014) (Jacobs, Calabresi, and Pooler), available hereReed was convicted after trial of various federal charges arising from the shooting and attempted robbery of a rival drug…
  • Jul 28

    Supreme Court's Peugh Decision Not Retroactive To Cases on Collateral Review

    Supreme Court's Peugh Decision Not Retroactive To Cases on Collateral Review
    Herrera-Gomez v. United States, No. 14-1166 (2d Cir. June 17, 2014) (Winter, Walker, and Cabranes) (per curiam), available herePetitioner, a federal prisoner convicted of conspiracy to distribute heroin, moved in the Circuit for leave to…
Rank this Week: 261

Second Opinions

Second Opinions

Covers the United States Court of Appeals for the Second Circuit and its opinions. By Sanford Hausler.

http://secondopinions.blogspot.com/
  • May 6

    Foreign Securitie

    Foreign Securitie
    The Second Circuit as  a matter  of first impression, considered whether the bar on extraterritorial application of the United States securities laws, as set forth in Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010),…
  • Mar 24

    Penal Law Rule

    Penal Law Rule
    In an interpleader action brought by the United States, the District Court granted summary judgment to Brazil, one of the parties who claimed entitlement to certain funds, holding that Brazil was entitled to the funds under a Brazilian…
  • Nov 19

    Charbuck

    Charbuck
    The Second Circuit upheld the decision of the District Court and held that a company's use of its "Mr. Charbucks" and "Charbucks Blend" trademarks is not likely to dilute by blurring Starbuck's trademarks.The decision in Starbucks Corp. v.…
Rank this Week: 2847

Seventh Circuit Blog

Seventh Circuit Blog

Case summaries and commentary by Federal Defenders of the Seventh Circuit.

http://circuit7.blogspot.com/
  • Feb 21

    Gearing up for the Post-Rita/Claiborne World?

    Gearing up for the Post-Rita/Claiborne World?
    United States v. Nitch, No. 05-2603 (February 21, 2007): Mr. Nitch received a sentence of 168 months, which was apparently within his calculated guidelines range, although the opinion does not state what that range was. In imposing sentence,…
  • Feb 13

    Ineffective Assistance of Counsel

    Ineffective Assistance of Counsel
    Christopher Raygoza v. Don Hulick, No. 05-2340 (January 25, 2007): Mr. Raygoza was convicted of murder. The Seventh Circuit granted habeas corpus relief based on ineffective assistance of counsel.
  • Feb 12

    Fraud Guidelines and the Risk of Death or Bodily Injury

    Fraud Guidelines and the Risk of Death or Bodily Injury
    United States v. Adam Babul, No. 05-4538 (february 9, 2007): Mr. Babul aided applicants for truck driving licenses. In order to take advantage of the easier licensing procedures in Wisconsin, he helped his applicants create false claims of…
Rank this Week: 2878

Sixth Circuit Appellate Blog

Sixth Circuit Appellate Blog

Covers news about and opinions issued by the U.S. Court of Appeals for the sixth Circuit with an emphasis on business cases. By Squire Sanders.

http://www.sixthcircuitappellateblog.com/
  • Aug 22

    Beware To The Verbose: Potential Cut To Brief Word Count Loom

    Beware To The Verbose: Potential Cut To Brief Word Count Loom
    Although judges typically admonish lawyers to be succinct, I suspect there are few of us out there who would say that they’ve never had a problem fitting a federal appellate brief within the 14,000 word limit.  That may soon become…
  • Aug 21

    Interesting Profile on Judge Bogg

    Interesting Profile on Judge Bogg
    Law360 recently published an interesting profile of Judge Danny Boggs, available here (subscription required). Although the article emphasizes the infamous “quiz” that Judge Boggs gives prospective law clerk candidates, it…
  • Aug 21

    Sixth Circuit Dismisses Challenge To Mining Regulation

    Sixth Circuit Dismisses Challenge To Mining Regulation
    In National Mining Association v. Secretary of Labor , the Sixth Circuit evaluated consolidated challenges to the promulgation of a new pattern of violations regulation by the Mine Safety and Health Administration and the Secretary of…
Rank this Week: 2029

Sixth Circuit Blog

Sixth Circuit Blog

Features case summaries and commentary by Federal Defenders of the Sixth Circuit.

http://circuit6.blogspot.com/
  • Aug 12

    Federal Prosecutors in Lexington, Kentucky: "Oops"

    Federal Prosecutors in Lexington, Kentucky: "Oops"
    There is a lot to like about United States v. Noble, No. 13-6056, though I doubt many federal prosecutors share my excitement.  Particularly federal prosecutors in Lexington, Kentucky.Courtney Noble and Dena Brooks were passengers in a…
  • Aug 12

    Alleyne Error Not Harmle

    Alleyne Error Not Harmle
    In United States v. Hackett, No. 12-2248, the Sixth Circuit rejected the government's argument that a violation of Alleyne v. United States, 133 S.Ct. 2151 (2013), was harmless because the defendant admitted the facts giving rise to the…
  • Aug 12

    Household Chores ≠ Forced Labor

    Household Chores ≠ Forced Labor
    United States v. Toviave, No. 13-1441, is a case about prosecutorial discretion -- and overreach.  Toviave appears to be an unsavory character, but his conduct didn't actually violate the federal statute under which he was charged.…
Rank this Week: 704

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 1049

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Aug 21

    Proposal to shorten federal appellate brief

    Proposal to shorten federal appellate brief
    Now that we're all comfortable with briefs of 14K words ... there's a proposal to amend the FRAP to trim that down to 12,500. Apparently, the 14K number was based on a mistake! (The 1998 amendments assumed one page was about 280 words, but a…
  • Aug 20

    Details from 9th Cir.'s latest report

    Details from 9th Cir.'s latest report
    Below is a quick summary of items from the 9th Circuit's 2013 Annual Report.For 9th Circuit watchers, none of this will be new or newsworthy.the overall reversal rate was 8.3% (cf. the nat'l average is 6.7%)civil appeal reversal rate (not…
  • Aug 20

    Details from the 2014 California Courts Stats report

    Details from the 2014 California Courts Stats report
    Again for regular court-watchers, there are no real surprises in this year's stats.Cal Supreme Court94 opinions published16 Court of Appeal opinions depublishedoverall petitions for review = 4% "grant" rate (grants + grant &…
Rank this Week: 684