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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: 4844

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: 4378

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: 1052

AsktheJudge.info

AsktheJudge.info

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

http://www.askthejudge.info/
  • Nov 16

    Yearbook photos may include weapon

    Yearbook photos may include weapon
    In view of school shootings and gun violence across the country, this is a twist on the usual high school graduation photo. The school board of Broken Bow Public Schools in Nebraska voted unanimously in October, 2014 to allow seniors to pose…
  • Nov 4

    Caitlin’s post-its address bullying

    Caitlin’s post-its address bullying
    Early in the school year of 2014-2015, Caitlin Prater-Haacke of Alberta, Canada, was bullied by an unknown classmate. He or she broke into the sixteen-year-old’s locker at school and left a hateful message on her i-Pad and posted it to…
  • Oct 28

    The “f-word” leads to four days in jail

    The “f-word” leads to four days in jail
    That’s right, and they were said in a court building. 23-year-old, Valerie Perez, was in court in Illinois for a speeding ticket. After waiting most of the morning for her case to be called, the judge took a break. Perez was over heard…
Rank this Week: 3552

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/
  • Nov 21

    Summary of November 19, 2014 conference report for civil case

    Summary of November 19, 2014 conference report for civil case
    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, November 19, 2014. The summary includes those civil cases in which (1) review has been…
  • Nov 19

    Aiding and abetting murder opinion filing tomorrow

    Aiding and abetting murder opinion filing tomorrow
    Tomorrow morning, the Supreme Court will file its opinion in People v. Smith, which will decide whether the defendant was properly convicted of murder under the natural and probable consequences theory of aiding and abetting. The court asked…
  • Nov 18

    Summary of November 12, 2014 conference report for civil case

    Summary of November 12, 2014 conference report for civil case
    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, November 12, 2014. The summary includes those civil cases in which (1) review has been…
Rank this Week: 838

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/
  • Nov 20

    Laguna v. Coverall North America (9th Cir. - Nov. 20, 2014)

    Laguna v. Coverall North America (9th Cir. - Nov. 20, 2014)
    Is that pesky Ninth Circuit perhaps getting in the way of your cushy class action settlement and fee award?  Fear not.  They've got an app for that.The settlement at issue in this case gives former franchisees $475 in cash and adds…
  • Nov 19

    Helgestad v. Vargas (Cal. Ct. App. - Nov. 18, 2014)

    Helgestad v. Vargas (Cal. Ct. App. - Nov. 18, 2014)
    Sometimes I lean towards not talking about opinions by a particular author because I don't want to sound like a homer.  You don't need me saying five dozen times that this justice writes especially well because, well, it's self-evident.…
  • Nov 18

    Gwartz v. Weilert (Cal. Ct. App. - Nov. 18, 2014)

    Gwartz v. Weilert (Cal. Ct. App. - Nov. 18, 2014)
    Today's published opinion from Justice Franson begins by saying:  "This appeal follows a highly publicized jury trial of a fraud claim arising from a $2.3 million sale of 15 acres of land that included a residence, riding arena and…
Rank this Week: 126

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/
  • Nov 12

    Misdemeanor Offenders and Broken Windows Theory

    Misdemeanor Offenders and Broken Windows Theory
    CCI Executive Director Greg Berman recently had an op-ed published in the Wall Street Journal highlighting both the work done at the Red Hook Community Justice Center and a new research project conducted by CCI in partnership with…
  • Oct 28

    New BCS Group - Know Your Right

    New BCS Group - Know Your Right
    Today, we began a new pilot group for BCS participants called "Know Your Rights," run by BCS partner organization MFY Legal Services. MFY Legal Services is an organization that provides free legal assistance to vulnerable and underserved…
  • Oct 15

    BCS Helps Out with Special Graffiti Cleanup in the 44th Precinct

    BCS Helps Out with Special Graffiti Cleanup in the 44th Precinct
    BCS clients, crew supervisor and officers worked together on a special clean-up project in the 44th PrecinctBCS has worked with the Community Affairs Unit of the 44thprecinct removing graffiti for over seven years. We have a day…
Rank this Week: 2703

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: 2233

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: 215

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/
Rank this Week: 1153

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: 200

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: 2736

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/
  • Nov 7

    Patent Litigation Dictionary - "Substantial Portion"

    Patent Litigation Dictionary - "Substantial Portion"
    "Substantial Portion" - a term "commonly understood by lawyers to be “weasel words” ... [whose] meaning is malleable to a point where they mean what the user wants them to mean in any given situation; they have no meaning of...
  • Nov 6

    Motion for Attorneys Fees Denied; Costs Granted in Part

    Motion for Attorneys Fees Denied; Costs Granted in Part
    Macrosolve v. Newegg, 6:12cv46 (10/16/14) Judge: K. Nicole Mitchell Holding: Motion for Attorneys Fees Denied: Costs Granted in Part In January 2012, Macrosolve filed this action against Newegg alleging patent infringement. In March 2014,…
  • Nov 6

    Motion for Sanctions For Litigating After Claims Construction Ruling Denied

    Motion for Sanctions For Litigating After Claims Construction Ruling Denied
    DietGoal Innovations LLC v. Chipotle Mexican Grill, Inc., 2:12cv764 (10/14/2014) Judge: William C. Bryson Holding: Motion for Sanctions Denied King Arthur: Now stand aside, worthy adversary. Black Knight: 'Tis but a scratch. King Arthur: A…
Rank this Week: 420

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: 1709

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: 4516

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: 4911

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: 1547

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
  • Nov 19

    Johnson v. United States - Post-Argument SCOTUScast

    Johnson v. United States - Post-Argument SCOTUScast
    On November 5, 2014, the Supreme Court heard oral argument inJohnson v. United States. This case concerns whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act. To…
  • Nov 11

    Omnicare v. Laborers District Council Construction Industry Pension Fund - Post-Argument SCOTUScast

    Omnicare v. Laborers District Council Construction Industry Pension Fund - Post-Argument SCOTUScast
    On November 3, 2014, the Supreme Court heard oral argument inOmnicare v. Laborers District Council Construction Industry Pension Fund. This case concerns Section 11 of the Securities Act of 1933, which authorizes suit by a purchaser of…
  • Oct 27

    Integrity Staffing Solutions v. Busk - Post-Argument SCOTUScast

    Integrity Staffing Solutions v. Busk - Post-Argument SCOTUScast
    On October 8, 2014, the Supreme Court heard oral argument inIntegrity Staffing Solutions v. Busk. This case concerns whether time employees spend undergoing mandatory security screenings after work is compensable under the Fair Labor…
Rank this Week: 444

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Nov 21

    Do Civil Appeal Harmless Error Findings Require Special Consideration?

    Do Civil Appeal Harmless Error Findings Require Special Consideration?
    Kristen Larson In Special v. West Boca Medical Center (SC11-2511), the Florida Supreme Court held that the Fourth District Court of Appeals erred in ruling that an error which “more likely than not” did not contribute to the…
  • Nov 18

    Court Orders Release of Documents in Redistricting Case

    Court Orders Release of Documents in Redistricting Case
    John Koeppel On November 13, the Florida Supreme Court affirmed a trial court ruling which ordered Data Targeting, Inc., its president Pat Bainter, and others (collectively, “non-parties” or “Bainter”) to produce 538…
  • Nov 17

    When is a Suspicion Founded Sufficiently to Support a Detention?

    When is a Suspicion Founded Sufficiently to Support a Detention?
    Kristen Larson Earlier this month the Florida Supreme Court heard Williams v. State. (SC13-2315). The central issue in this case is whether the Fourth District Court of Appeals erred in affirming the trial court’s admission of evidence…
Rank this Week: 3574

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: 787

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: 2825

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: 1473

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: 1968

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: 3764

Juries

Juries

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

http://juries.blogspot.com/
  • Oct 9

    Consultation Paper on Jury Empanelment in Victoria, Australia

    Consultation Paper on Jury Empanelment in Victoria, Australia
    The Victoria Law Commission has finalized its report on juror empanelment.  The report, which is available here, examines the following three areas Peremptory challenges and the Crown's right to stand aside Calling of the panel…
  • Oct 8

    Warger v. Shauers Oral Argument

    Warger v. Shauers Oral Argument
    Today, the United States Supreme Court will hear oral argument in Warger v. Shauers.Sheila Birnbaum will be arguing for respondent (Randy D. Shauers).Sarah E. Harrington who represents the solicitor general's office will also be arguing for…
  • Oct 7

    Jury Voting Paradoxe

    Jury Voting Paradoxe
    Jason IulianoAbstract (to read the entire article go here)The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these…
Rank this Week: 1322

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: 2976

Legal Legacy

Legal Legacy

Provides book reviews and analyses of notable Supreme Court cases.

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

    November 22, 2013 – U.S. Senate Alters Its Filibuster Rule

    November 22, 2013 – U.S. Senate Alters Its Filibuster Rule
    On this date the U.S. Senate approved, on a 52 to 48 vote, a fundamental alteration of its rules, ending the ability of the minority party to filibuster most presidential nominees, allowing a simple majority vote to be determinative. The…
  • Nov 20

    November 20, 1789 – New Jersey Is The First State to Ratify The Bill of Right

    November 20, 1789 – New Jersey Is The First State to Ratify The Bill of Right
    On this day in history, New Jersey became the first state to ratify the Bill of Rights – the first ten amendments to the United States Constitution. The Bill of Rights had been introduced by James Madison on June 8, 1789. Originally,…
  • Nov 18

    November 18, 2003 – Massachusetts Supreme Court Rules in Favor of Gay Marriage

    November 18, 2003 – Massachusetts Supreme Court Rules in Favor of Gay Marriage
    On this day in history, the Massachusetts Supreme Judicial Court ruled 4-3 in Goodridge v. Department of Public Health (798 N.E.2d 941, Mass. 2003) that the state constitution guaranteed gay couples the right to marry. Chief Justice Margaret…
Rank this Week: 1113

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: 1777

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: 1722

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/
  • Nov 17

    Tribute to Judge Stewart F. Hancock, JR., 1923–2014, in the Albany Law Review

    Tribute to Judge Stewart F. Hancock, JR., 1923–2014, in the Albany Law Review
    (photo by F. Ordonez, The Post-Standard) The recently published issue of the Albany Law Review  opens with a dedication to Stewart F. Hancock, Jr., who served on the New York Court of Appeals, the state's highest court, and passed away…
  • Nov 6

    Part 2 [Renominations Historically] NY Court of Appeals: Cuomo Chooses Stein Over Graffeo

    Part 2 [Renominations Historically] NY Court of Appeals: Cuomo Chooses Stein Over Graffeo
    We'll be taking a look at Judge Graffeo's record on the Court of Appeals, and we'll then be trying to get some sense of what Judge Stein's record at the Appellate Division portends.  But first... Let's look at the history of sitting Court…
  • Oct 20

    NY Court of Appeals: Cuomo Chooses Stein Over Graffeo (Part 1)

    NY Court of Appeals: Cuomo Chooses Stein Over Graffeo (Part 1)
    (Link to today's interview on Fred Dicker: Live at the State Capitol below) Last Friday, Governor Andrew Cuomo made his selection for the Court of Appeals, New York's highest court. He appointed a very fine judge, Leslie Stein, instead of…
Rank this Week: 869

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

    Legal commentary on CBS 6 o’clock new
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 1885

Ninth Circuit Blog

Ninth Circuit Blog

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

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

    United States v. Martinez, No. 13-10563…

    United States v. Martinez, No. 13-10563 (Owens with Schroeder and Friedland). Sykes alive, one can't run away from precedent. This is an ACCA case, where one prior -- California Vehicle Code § 2800.2 for vehicle flight from a pursuing…
  • Nov 16

    Case o' The Week: Raya Hope for (d) Challenges - Raya-Vaca and Due Process Rights in Expedited Removal Proceeding

    Case o' The Week: Raya Hope for (d) Challenges - Raya-Vaca and Due Process Rights in Expedited Removal Proceeding
    The Hon. Judge Mary Murguia “A nation’s greatness is measured by how it treats its weakest members,” opined Ghandi.  The Ninth measures up well, in a new due process decision (with teeth!) for an alien facing…
  • Nov 12

    US v. De La Torre-Jimenez, No. 13-50438…

    US v. De La Torre-Jimenez, No. 13-50438 (11-07-14)(Graber with Ebel and Kleinfeld). In an appeal of a 1326 sentence, the 9th holds that possession of cocaine for sale in violation of California's Health and Safety Code section 11351 is a drug…
Rank this Week: 387

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: 2735

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: 4182

One Court of Justice

One Court of Justice

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

http://www.wnj.com/Blogs/Appellate
  • Nov 20

    MSC remands for Ginther hearing where defense counsel failed to inform client of plea offer

    MSC remands for Ginther hearing where defense counsel failed to inform client of plea offer
    In People v. Walker, No. 145433, the Michigan Supreme Court remanded to the trial court for a Ginther hearing, after it had been held in abeyance pending the Supreme Court’s decision over a year ago in Burt v. Titlow, 133 S. Ct. 1457…
  • Nov 20

    COA holds that court erred by failing to provide simultaneous translation for defendant

    COA holds that court erred by failing to provide simultaneous translation for defendant
    In People v. Elias Gonzalez-Raymundo, Nos. 316744, 319718, The Michigan Court of Appeals held that the trial court erred by failing to provide a simultaneous interpreter where defense counsel requested that the interpreter “catch…
  • Nov 20

    Cadaver dog evidence admissible under MRE 702

    Cadaver dog evidence admissible under MRE 702
    In People v. Lane, No. 313818, the Michigan Court of Appeals affirmed the defendant’s convictions for first-degree felony murder and first-degree child abuse. Defendant raised a number of issues on appeal.  The most important issue…
Rank this Week: 892

Oral Arguments

Oral Arguments

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

http://www.ca8.uscourts.gov
Rank this Week: 133

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: 1820

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 22

    January arguments, day by day

    January arguments, day by day
    The Supreme Court on Friday released the schedule of oral arguments for the session beginning January 12.  Arguments begin at 10 a.m. each day; each argument will be for one hour.  There will be no afternoon arguments. The daily…
  • Nov 22

    Oklahoma seeks faster health care appeal (UPDATED)

    Oklahoma seeks faster health care appeal (UPDATED)
    UPDATED 11:21 a.m.   The Oklahoma petition for review before the appeals court rules is here.  The state noted it is willing to have its case, if granted, put on the same briefing schedule as King v. Burwell, and asks for a…
  • Nov 21

    Petition of the day

    Petition of the day
    The petition of the day is: Chandler v. United States 14-282 Issue: Whether conspiracy to commit a robbery, absent any overt act in furtherance of the crime, is itself a violent felony presenting a serious potential risk of physical…
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/
Rank this Week: 495

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: 1719

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: 2822

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/
  • Nov 21

    Sixth Circuit Raises More Questions than Answers on Attorney Fee Award

    Sixth Circuit Raises More Questions than Answers on Attorney Fee Award
    In Smith v. Service Master Corp., the Sixth Circuit vacated an attorney fee award of over $500,000, largely because the district court did not provide sufficient findings to support the award.  The underlying case was brought under the…
  • Nov 20

    Sixth Circuit Judges Also Active in Scholarly Journal

    Sixth Circuit Judges Also Active in Scholarly Journal
    Despite the nearly 5,000 appeals that were filed in the Sixth Circuit last year, the Circuit’s judges also find time to actively contribute to academia and scholarly journals. In the past several years, at least five judges have…
  • Nov 19

    Sixth Circuit: Applicant Can’t Sue For Rejection Based On Whistleblowing At Prior Job

    Sixth Circuit: Applicant Can’t Sue For Rejection Based On Whistleblowing At Prior Job
    The Sixth Circuit held yesterday in Vander Boegh v. EnergySolutions, Inc. that a job applicant is not considered an “employee” under the False Claims Act and the Energy Reorganization Act, and therefore cannot avail himself…
Rank this Week: 2684

Sixth Circuit Blog

Sixth Circuit Blog

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

http://circuit6.blogspot.com/
  • Oct 24

    On issue preservation and non-guideline sentence

    On issue preservation and non-guideline sentence
    In United States v. Sherer, et. al (found here), a bank robbery case, the Sixth Circuit recently reminded folks how to properly preserve several issues, and also more extensively addressed variances based on mathematical accidents within the…
  • Oct 14

    Court limits "use" a firearm in connection with another felony

    Court limits "use" a firearm in connection with another felony
    In United States v. Norris, the Court remanded for resentencing with instructions to eliminate a enhancement for "using" a firearm in connection with another felony offense.  In Norris, the defendant plead guilty to selling a firearm to…
  • Sep 23

    The Guidelines mean what they say and say what they mean (and, how to preserve your issue)

    The Guidelines mean what they say and say what they mean (and, how to preserve your issue)
    Yesterday, in United States v. Snelling, No. 12-4288, the Sixth Circuit affirmed USSG § 2B1.1(B)(1) and its commentary actually mean what is written. The case concerned a Ponzi scheme that took in almost $9 million, but also paid out…
Rank this Week: 1086

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: 1099

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/
  • Nov 20

    Dec. 2 -- You gonna go Federal or State?

    Dec. 2 -- You gonna go Federal or State?
    Ok, SoCal Appellate Fanatics, what are you gonna do the evening of December 2?FBA-LA is throwing a Tribute to Chief Judge Kozinski at the Chambers Courthouse in Pasadena. Flyer here.But the Italian American Lawyers Association's Supreme Court…
  • Nov 20

    iPads at the Lectern!

    iPads at the Lectern!
    Effective November 1, 2014 the Fourth District  implemented the following electronic devices policy (which the 5th District has had all this year):Uniform Policy on Public Use of Electronic Devices in Court of Appeal Court RoomsLaptop…
  • Nov 20

    5th DCA to follow the 1st in using TrueFiling

    5th DCA to follow the 1st in using TrueFiling
     Starting in 2015, all attorneys submitting documents for filing in any appeal or original proceeding with the 5th DCA must file electronically through an electronic filing system, known as TrueFiling, developed in partnership with the…
Rank this Week: 843