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Kentucky Cases

Covers Kentucky Supreme Court (SCOKY) and Court of Appeals (COA) decisions, minutes, arguments, and news.

http://www.kycases.com/

Nov 21
Discretionary Review Grants - October 2009

Posted on November 21, 2009 at 03:57 am by Michael Stevens
Nov 21
Discretionary Review Grants - October 1, 2009 (September minutes): NONE

No motions for discretionary review were granted in September per Oct. 1, 2009 minutes. Discretionary Review Grants - Pending - As of Aug. 19, 2009 Posted on November 21, 2009 at 03:46 am by Michael Stevens
Nov 21
ATTORNEY DISCIPLINE: SCOKY for October 29, 2009

ATTORNEY DISCIPLINE A. Kentucky Bar Association v. Roger P. Elliott 2009-SC-000549-KB October 29, 2009 The Supreme Court entered an order confirming attorney's automatic suspension pursuant to SCR 3.166(1). The rule mandates an automatic suspension from the practice of law for any attorney that pleads guilty to a felony, effective the day following the plea. The attorney had pled guilt to theft of services already rendered, in violation of KRS 514.090. B. Kentucky Bar Association v. David R.... Posted on November 21, 2009 at 03:34 am by Michael Stevens

Rank This Week: 5

SCOTUSblog

Covers the Supreme Court of the United States. By Akin Gump Strauss Hauer & Feld LLP.

http://www.scotusblog.com/wp/

Nov 20
Friday Round-up

At the WSJ Law Blog this morning, Ashby Jones previews McDonald v. City of Chicago, in which the Court will examine the constitutionality of a Chicago gun-control ordinance and, more generally, the Second Amendment's applicability to the states. The petitioners, in a brief filed this week, rely on the Fourteenth Amendment's Privileges or Immunities clause to argue that the right to bear arms is a "privilege" that the states cannot abridge; however, Jones notes that the petitioners' originalist... Posted on November 20, 2009 at 07:42 am by Anna Christensen
Nov 19
Will the Court Take On Judicial Takings?: , Argument Preview

Below, Elisabeth Oppenheimer of Stanford Law School previews Stop the Beach Renourishment v. Florida Department of Environmental Protection (08-1151), which will be heard by the Supreme Court on Wednesday, December 2. Check the Stop the Beach Renourishment SCOTUSwiki page for additional updates. On Wednesday, December 2, the Court will hear oral argument in No. 08-1151, Stop the Beach Renourishment v. Florida Department of Environmental Protection. The case presents the Court with an... Posted on November 19, 2009 at 12:27 pm by Anna Christensen
Nov 19
Academic Round-up

For those that use empirical data to study the Supreme Court, the new Supreme Court Database is now live at supremecourtdatabase.org. The biggest advantage to the new version of the Database is that it is now more user-friendly and accessible to those who study the Court, but may not have empirical background or training. I have not made use of the new online version of the Database yet, but I am told that it is quite remarkable. Right now, the Database has case and justice-centered data for... Posted on November 19, 2009 at 12:15 pm by David Stras

Rank This Week: 8

Judging Crimes

Covers criminal law, violent crime and the judiciary. By Joel Jacobsen.

http://www.judgingcrimes.com/journal/

Nov 20
410. Translating the euphemisms

In my former life as a first amendment lawyer (well, as a low-level associate who glommed onto as much first amendment work as I could sniff out) I would, at least once a week, read these words or an excerpt from them: Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government... Posted on November 20, 2009 at 07:54 pm by Joel Jacobsen
Nov 18
409. Let Sarah be Stephen

Sarah Palin has been getting a lot of unfavorable fact-checking attention for her insta-book, proving yet again that there's no such thing as bad publicity, unless you're a news-gathering organization and must explain why you put 11 reporters to the task. (Perhaps because entering "Sarah Palin fact check" into Google News returns 4,591 articles?) Here's proof of the lamestream media bias: Stephen Reinhardt of the Ninth Circuit is getting a free ride, despite this week's ritual Supreme Court per... Posted on November 18, 2009 at 07:28 pm by Joel Jacobsen
Nov 15
408. Conventions

It's hard for any professional to question the conventional wisdom of his or her field. It's hard even to perceive the things one takes for granted. The tendency is easiest to see in fields in which one has no emotional or financial investment, such as medicine. In Seed, Dave Munger writes: "placebos by definition have no medical effect." He's paraphrasing this belligerent post by the MD blogger Peter Lipson, who claims to genuinely believe he's delivering "a serious smackdown." But both pieces... Posted on November 15, 2009 at 12:11 pm by Joel Jacobsen

Rank This Week: 10

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 20
Order Awarding Damages for Post-Verdict Sales

Cummins-Allison Corp. v. SBM Co., Ltd., --- F.Supp.2d ----, 2009 WL 3855958 (E.D.Tex. Nov 13, 2009) (NO. CIV.A. 9:07CV196) Judge: Ron Clark Holding: Order re: Damages for Post-verdict Sales of Infringing Products This order arose in the context of sales made after the date of the verdict for the plaintiff and before the date the court entering an injunction to prevent future infringing conduct. In this case, pursuant to notice given to the parties well before trial, the jury was asked to... Posted on November 20, 2009 at 09:31 am by Michael C. Smith
Nov 19
Motion to Transfer Granted as to California Defendants - Denied as to New Texas Defendants

Balthaser Online, Inc. v. Network Solutions LLC et al., 2:08cv00430 (E.D. Tex. 2009) Judge: David Folsom Holding: Motion to Transfer Venue GRANTED in part. One of the interesting things about the recent venue cases out of the Federal Circuit (TS Tech, Telular, VW IV and Genentech) is seeing how they affect cases that were in the pipeline when the law changed. In this case, the California plaintiff had sued a raft of defendants, most from California. Then after TS Tech indicated that cases... Posted on November 19, 2009 at 09:16 am by Michael C. Smith
Nov 19
New SBPS offices in Marshall featured in Marshall News Messenger

This morning's front page story in the Marshall News Messenger was about some local attorney named Michael Smith, who has bought two historic old storefronts downtown next to his grandfather's old store and is in the process of restoring them for new office space for his firm Siebman, Burg, Phillips & Smith, LLP, and for use by visiting attorneys. The occasion for the article was the removal of the aluminum facade Tuesday to expose the original 1897 (or older) storefront. The article is a... Posted on November 19, 2009 at 08:47 am by Michael C. Smith

Rank This Week: 26

Split Circuits

Tracks developments concerning splits among the federal circuit courts. By University of Richmond School of Law Professor A. Benjamin Spencer.

http://splitcircuits.blogspot.com

Oct 30
W.D. La. Notes Split Re Fees Awardable under 42 U.S.C. § 406(b)

Per Raposa v. U.S. Com'r Social Sec. Admin. Slip Copy, 2009 WL 3460433 (W.D. La. Oct. 22, 2009): David Raposa ("Plaintiff") commenced this civil action to appeal the Commissioner's denial of disability benefits. This court entered a judgment that reversed and remanded the case for further proceedings pursuant to sentence four of 42 U.S.C. &#xc2&#xa7 405(g). Soon afterward, the court granted Plaintiff's motion for fees under the Equal Access to Justice Act ("EAJA") and awarded $3,618.75. . . . With... Posted on October 30, 2009 at 05:20 pm by A. Benjamin Spencer
Oct 27
Court of Federal Claims Notes Split Re Culpability Needed for Spoliation Finding

Per Consolidated Edison Co. of New York, Inc. & Subsidiaries v. U.S. --- Fed.Cl. ----, 2009 WL 3418533 (Fed. Cl. Oct. 21, 2009): The relevant circuit for this court, the United States Court of Appeals for the Federal Circuit, has not definitively addressed whether a finding of bad faith is required before a court can find spoliation or impose an adverse inference or other sanction. Because many of the spoliation cases decided to date by the Federal Circuit have been patent cases in which... Posted on October 27, 2009 at 03:00 am by A. Benjamin Spencer
Oct 23
Ninth Circuit Creates Split Re Meaning of "Actual Damages" in 11 U.S.C. s. 362(k)(1)

Per Sternberg v. Johnston, --- F.3d ----, 2009 WL 3381162 (9th Cir. Oct. 22, 2009): Sternberg also argues that the bankruptcy court erred in calculating Johnston's damages because it awarded attorney fees not only for the work associated with remedying the stay violation but also for the subsequent adversary proceeding in which Johnston sought to collect damages for the stay violation. We agree. . . . The relevant statute, 11 U.S.C. &#xc2&#xa7 362(k)(1), states that "an individual injured by any... Posted on October 23, 2009 at 02:31 am by A. Benjamin Spencer

Rank This Week: 62

Southern District of Florida Blog

Provides news and notes regarding federal practice in the Southern District of Florida. By David Markus

http://sdfla.blogspot.com

Nov 19
News & Notes (Fins edition)

It's been a long day, so I'm trying to cheer up in watching the Fins. So far, so good. 14-3 as we speak. Here we go with some news & notes: 1. Who wants to be a Magistrate? There's an opening in the District. The salary is $160K and to apply, you need to be less than 70, a member in good standing of the bar for 5 years, and not related to any judge in the district. Chief Judge Moreno has put together this selection committee: Chair:David Rothman, Esq. Rothman & Associates, P.A. Georgie... Posted on November 19, 2009 at 02:06 pm by David Oscar Markus
Nov 18
Lawyer acquitted in federal court in Georgia

Friends of the blog, Tom Withers* and Craig Gillen, walked a lawyer (Mark Shelnutt) today in Columbus, Ga. Shelnutt was charged with money laundering and drug offenses. The judge read 36 not guilty verdicts: At 2:45, Land began to read. "Count One, conspiracy to launder money," the judge said. "Not guilty." "Count Two, aiding and abetting a conspiracy to distribute cocaine. Not guilty." "Count Five, money laundering. Not guilty." Then the judge's words, cadence and diction took on a lyrical... Posted on November 18, 2009 at 02:46 pm by David Oscar Markus
Nov 18
"Liberty City terror suspect gets 6 years in prison"

The first of the Liberty City defendants -- 24-year-old Burson Augustin -- was sentenced today. The government sought the maximum -- 30 years. But Judge Lenard did the right thing and sentenced Augustin to 6 years. From the AP: A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda. US District Judge Joan Lenard found that Burson Augustin, 23, played a... Posted on November 18, 2009 at 07:29 am by David Oscar Markus

Rank This Week: 71

Sixth Circuit Cases

Provides weekly advance sheets of published decisions listing each case's name, number, district, keyword description, and link to full text of decision.

http://kentuckylaw.typepad.com/sixth_circuit_cases/

Jan 31
Jan. 26-30, 2009: US Sixth Circuit Court of Appeals Decisions

PUBLISHED OPINIONS Opinion Short Title/District 09a0026p.06 USA v. Kenneth Johnson Western District of Michigan at Grand Rapids 09a0027p.06 Gary Winnett v. Caterpillar, Inc. Middle District of Tennessee at Nashville 09a0028p.06 Carol Negron v. USA Northern District of Ohio at Cleveland 09a0029p.06 USA v. Russell Wimbley Eastern District of Tennessee at Knoxville 09a0030p.06 USA v. Christian Gagnon Eastern District of Michigan at Detroit 09a0031p.06 Harris v. Lafler Eastern District of Michigan... Posted on January 31, 2009 at 02:49 pm by Michael Stevens
Jan 31
ECF Update - Notice Amendments to Local Rules Effective 1/12/2009

Here is an update on Sixth Cir. Local Rules Amendments. Since I am not a major Sixth Circuit practitioner, any help from the readers regarding announcements and rule changes relative to the Sixth Circuit would be very much appreciated! I go into their site weekly (or thereabouts) and tabulate and post the week's decisions by name, lower court, AND link to the decision. I only catch developments serendipitously. NOTICE OF AMENDMENT Sixth Circuit Rules 10, 27, 28, 30, and 101 Sixth Circuit... Posted on January 31, 2009 at 02:41 pm by Michael Stevens
Jan 31
Links to full text decisions in our Jan 5-9, Jan. 12-16, and Jan. 19-23, 2009 posts have been fixed. Sorry.

There is nothing like starting the new year with a mea culpa and an apology. The links in the previous three posts (Jan 5 - 23, 2009) have been repaired. Here are the posts: Jan. 19-23, 2009: US Sixth Circuit Court of Appeals Decisions Jan. 12 - 16, 2009: US Sixth Circuit Court of Appeals Decisions Jan. 5 - 9, 2009: US Sixth Circuit Court of Appeals Decisions Posted on January 31, 2009 at 02:31 pm by Michael Stevens

Rank This Week: 83

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/index.html

May 23
Community Clinic, Inc. v. Dept. of Health (Ct. of Special Appeals)

Filed May 3, 2007--Opinion by Judge Lawrence F. Rodowsky. This is a judicial review of an administrative decision involving the disallowance by Maryland Department of Health and Mental Hygiene ("DHMH") of claims by two federally qualified health clinics ("FQHCs" or collectively, "Clinics") for reimbursement of costs under the Maryland Medical Assistance Program ("Medicaid" or the "Program"). The disallowance was based upon DHMH's application of its regulation establishing a monetary cap on a... Posted on May 23, 2007 at 01:03 am by Denese Dominguez
May 21
Williams v. Iron Workers Local No. 16 Pension Fund, et al. (Maryland U.S.D.C.) (Not Approved for Publication)

Signed May 2, 2007--Memorandum Opinion by Judge Andre M. Davis. Ronald Williams ("Williams") brought this action against defendants pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 USC &#xc2&#xa7 1001, et seq., to challenege the denial of pension benefits. The fund's existence predates the enactment of ERISA. Administration and management of the fund is by contract with specialists, with the Board of Trustees setting policies and procedures. The outcome of this case hinges on the... Posted on May 21, 2007 at 05:49 am by Denese Dominguez
May 20
Stewart v. State (Ct. of Appeals)

Filed May 11, 2007--Opinion by Judge Irma Raker, Dissent by Chief Judge Robert M. Bell. Stewart was indicted in a multi-count indictment alleging child abuse, second degree sexual offense, third degree sexual offense, and fourth degree sexual offense. The court sentenced him to a term of incarceration of twenty years on the child abuse offense and merged the sexual offenses into the child abuse conviction for sentencing purposes. The single issue in this appeal involves the failure of the... Posted on May 20, 2007 at 06:05 pm by Denese Dominguez

Rank This Week: 133

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/index.html

Nov 20
Reed v. Town of Gilbert, Arizona (9th Cir. - Nov. 20, 2009)

You know why, inter alia, my second- and first-grade children don't read the Federal Appellate Reporter? No pictures. But that's all changing. Check out page 15399 of the slip opinion by Judge McKeown. Yay! A picture! Sure, it's just a picture of a sign on some grass. But the case is about signs, after all. So that seems appropriate. Which also reminded me of that famous 1970s Canadian group, Five Man Electrical Band. Who look like this now (from their official web site). Their most famous hit,... Posted on November 20, 2009 at 01:15 pm
Nov 19
Galleria Plus v. Hanmi Bank (Cal. Ct. App. - Nov. 19, 2009)

I appreciate that this opinion is only three (double-spaced) pages long. That's nice. I just wish I agreed with it. I understand where Justice Epstein's coming from. I really do. But I just don't agree. Were I on the Court of Appeal, I could write a dissent that would be even more concise than Justice Epstein's opinion. Here's what it'd say: "I respectfully dissent. Everyone admits that respondent (1) wrote a separate notice of motion and motion for sanctions, (2) served it on appellant, (3)... Posted on November 19, 2009 at 01:57 pm
Nov 19
Perry v. Proposition 8 Official Proponents (9th Cir. - Nov. 19, 2009)Nov.

I teach it to my first-year students in civil procedure. But apparently the lesson hasn't filtered down to lawyers for the Liberty Counsel in Lynchburg, Virginia. So Judge McKeown has to spell it out for them. Here's the scoop: You can't intervene in a lawsuit if your only beef with an existing party is over litigation strategy. Especially when, as here, your strategic beefs are totally minor. (And, I might unnecessarily add, completely stupid. Yeah, maybe the Liberty Counsel wouldn't stipulate... Posted on November 19, 2009 at 01:32 pm

Rank This Week: 168

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/

Mar 23
Please visit The UCL Practitioner

Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I keep very active with regular updates. I will continue to write occasional posts on issues of interest to appellate practitioners. They will be collected at my "appellate practice" category page. Those posts will, I hope, continue to be relatively frequent.... Posted on March 23, 2009 at 06:00 am by Kimberly A. Kralowec
Jan 5
"A High Court Training Regimen"

Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University School of Law for many years. The article says that the Berkeley program may eventually evolve into a California Supreme Court clinic similar to the many U.S. Supreme Court clinics run by various law schools such as Stanford and Georgetown. I think that's a... Posted on January 5, 2009 at 06:00 am by Kimberly A. Kralowec
Dec 8
"The Early Brief Gets the Worm"

Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5, 2008). [Via How Appealing] Posted on December 8, 2008 at 02:00 pm by Kimberly A. Kralowec

Rank This Week: 217

US 7th Circuit Court of Appeals:...

US 7th Circuit Court of Appeals: New Oral Arguments

The latest oral arguments before the US 7th Circuit Court of Appeals.

http://www.ca7.uscourts.gov

Nov 18
Oral Argument in case number:

Oral Argument in case: ; Kristen Majeski v. Metro Life Insur Co (civil case) [uploaded: 11/18/2009] Posted on November 18, 2009 at 12:07 pm
Nov 18
Oral Argument in case number:

Oral Argument in case: ; USA v. Roberto Sanchez (criminal case) [uploaded: 11/18/2009] Posted on November 18, 2009 at 12:06 pm
Nov 18
Oral Argument in case number:

Oral Argument in case: ; Margaret Seamon v. Michael Astrue (civil case) [uploaded: 11/18/2009] Posted on November 18, 2009 at 12:05 pm

Rank This Week: 239

Juries

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

http://juries.blogspot.com/

Dec 18
Juries Has a New Web Address (www.juries.typepad.com)

As of yesterday, Juries has moved to: www.juries.typepad.com or just click the link to Juries Posted on December 18, 2008 at 03:08 pm by Thaddeus Hoffmeister
Dec 16
Community Service or Jury Duty

This is the issue being appealed by the Missouri Public Defender's Office in State v. Ryan Ferguson. Apparently, the trial court in Ferguson, pursuant to local court rules, allowed 13 of the possible 848 potential jurors in the case to opt out of jury service by paying $50 and performing community service. The local public defender is challenging this policy arguing that it violates the defendant's 6th Amendment right to a jury made up of a cross-section of the public. Arguably, this policy... Posted on December 16, 2008 at 08:05 pm by Thaddeus Hoffmeister
Dec 15
Jury Related Stories from the Brian Nichols Murder Trial

Fulton County District Attorney Paul Howard wants the law changed to allow 10-2 verdicts in death penalty cases. Legislature Urged to Revamp Death Penalty LawDistrict Attorney Paul Howard called for the state Legislature Saturday to change Georgia's death-penalty law requiring a unanimous jury decision for a defendant to be sent to Death Row. By a 9-3 hung jury decision on Friday, Howard lost a lengthy and costly effort to have Brian Nichols sentenced to death for the March 11, 2005 Fulton... Posted on December 15, 2008 at 06:32 am by Thaddeus Hoffmeister

Rank This Week: 262

Circuit Watcher

Features daily opinions from the U.S. Courts of Appeal.

http://circuitwatcher.com

May 9
Taking a Break

See [www.robocourt.com] in the interim. Posted on May 9, 2008 at 11:12 am by admin
Apr 9
In Re: World Trade Center Disaster Site Litigation, 2d Cir. Mar. 26, 2008

06-5324 In Re: World Trade Center Disaster Site Litigation Before: NEWMAN, SOTOMAYOR, AND WESLEY, Circuit Judges. Interlocutory appeal from an order of the Southern District of New York (Hellerstein, J.), entered on October 18, 2006, denying Defendants' motions for judgment on the pleadings on immunity grounds under New York state law, and Defendants' motions for summary judgment on immunity grounds under federal law. Plaintiffs moved to dismiss the appeal for lack of jurisdiction under the... Posted on April 9, 2008 at 07:22 pm by admin
Apr 9
Brito v. Mukasey, 2d Cir. Mar. 26, 2008

06-3974 Brito v. Mukasey BEFORE: MINER, SACK, and HALL, Circuit Judges. Petition for review of a final decision of the Board of Immigration Appeals. Petitioner failed to exhaust the issue of whether he was properly designated an arriving alien and thus we do not reach it. Because Petitioner's current application for adjustment of status is new and separate from the application he previously filed, the Immigration Judge lacks jurisdiction to adjudicate it. Petitioner lacks standing to argue that... Posted on April 9, 2008 at 07:16 pm by admin

Rank This Week: 348

Ninth Circuit Blog

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

http://circuit9.blogspot.com

Nov 19
U.S. v. Mahan, No. 08-30475 (11-16-09)....

U.S. v. Mahan, No. 08-30475 (11-16-09). An adult son staying in touch with his mother is commendable; calling her to assess market interest in stolen firearms says something else. In any event, defendant called mom to see if there was interest in the stolen weapons. Mom's boyfriend was interested, and an arrangement was concluded where the guns were traded for $700 and 1/8 ounce of meth. Eventually, the defendant was arrested and charged with possession of a firearm "in furtherance of" a drug... Posted on November 19, 2009 at 06:14 am by Jon Sands
Nov 14
Case o' The Week: Raising a Ruckes Over Car Searches: Ruckes and "Inevitable Discovery" Post-Gant

The Supreme Court's decision in Gant squelched the much-abused Belton rule, which gave the police carte blanche to search a car when a suspect within was arrested -- even if the suspect posed no danger, and was actually far away from the vehicle, in cuffs and safe in the back of a patrol car. (Gant available here). Is it too much to hope that the Gant case would also eliminate the equally-abused "inevitable discovery" doctrine, that permits the search of a car after an arrest, before a car is... Posted on November 14, 2009 at 08:44 am by Steve Kalar
Nov 10
U.S. v. Ambriz-Ambriz, No. 08-30431...

U.S. v. Ambriz-Ambriz, No. 08-30431 (11-10-09). Defendant tried to go to Canada for a medical procedure. Unfortunately for him, he was not allowed in, and when he tried to return to the United States, he was discovered to have been a previously-removed alien. He was charged under 1326. At trial, he argued that he should get an instruction for "official restraint" because he was always under surveillance. The district court denied the request, reasoning that the defendant had never left the... Posted on November 10, 2009 at 02:42 am by Jon Sands

Rank This Week: 388

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/index.html

Nov 16
NYC Community Cleanup

NYC Community Cleanup is a new citywide initiative designed to address neighborhood hot spots and eyesores. This initiative puts low-level offenders to work repairing conditions of disorder throughout New York City. The goal is to create meaningful community service work projects that emphasize the values of immediacy, visibility, and accountability. Much like some of our community service projects in the Bronx, this great initiative attempts to bring concrete solutions to neighborhoods... Posted on November 16, 2009 at 02:37 am by Maria Almonte-Weston, Deputy Project Director
Nov 9
News From The Classroom - An Update on Services for Our Spanish Speaking Clients

From Crew Supervisor Ramon Semorile Since my last update on the enhancement of the Spanish-speaking Orientation group (where offenders have been learning about health related issues such as HIV/AIDS), I've been thinking of ways to introduce even more relevant topics to the group. As part of that effort, I reached out to Arms Acres, which is one of our partner agencies. A substance abuse program run by Liberty Behavioral Management, Arms Acres struck me as the type of organization that could... Posted on November 9, 2009 at 06:56 am by Danny Abriano, Resource Coordinator
Nov 6
The Individualized Sentencing Approach: A Response to Court Builders

From Coordinator of Court Operations Elizabeth Taylor Court Builders is an electronic forum which is frequented by planners of Community Courts. Recently, a Philadelphia court coordinator posted this question: "How can you influence an individualized approach to community service sentencing?" Specifically, his community court has fallen into the practice of recommending 24 hours (four days) of community service to all program participants, regardless of case specifics. The writer requested... Posted on November 6, 2009 at 07:47 am by Danny Abriano, Resource Coordinator

Rank This Week: 412

ConfirmThem

Covers the judicial confirmation battles in the United States Senate.

http://www.confirmthem.com

Sep 17
Constitution Day

John Vile ">put it this way: Whereas officers in some dictatorships pledge personal allegiance to their leaders, American officers, like the President himself, pledge first and foremost to uphold the Constitution of the United States. In this way, they affirm that the rule of law is superior to the rule of a human leader. Well said. read more Posted on September 17, 2009 at 04:32 pm by AndrewHyman
Sep 17
Constitution Day

John Vile ">put it this way: Whereas officers in some dictatorships pledge personal allegiance to their leaders, American officers, like the President himself, pledge first and foremost to uphold the Constitution of the United States. In this way, they affirm that the rule of law is superior to the rule of a human leader. Well said. read more Posted on September 17, 2009 at 04:32 pm by AndrewHyman
Sep 14
Open Thread

I just re-wrote the blurb at the top right of the page ("ABOUT CONFIRMTHEM"). Posted on September 14, 2009 at 05:32 am by AndrewHyman

Rank This Week: 423

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/index.html

Dec 13
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. Posted on December 13, 2008 at 01:02 pm
Dec 1
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 such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." Clinton was in the Senate when a pay increase passed for Secretary of State. Thus, under this clause, she is not... Posted on December 1, 2008 at 01:24 pm
Nov 19
Who will Obama appoint to SCOTUS?

The LA Times has this article. The top three are: Judges Diane Wood, 58, of the U.S. appeals court in Chicago; Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York; and Elena Kagan, 48, dean of Harvard Law School. Posted on November 19, 2008 at 07:06 pm

Rank This Week: 474

Second Circuit Blog

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

http://circuit2.blogspot.com

Nov 14
Bye-Bye Baby

United States v. Hasan, No. 08-4921-cr (2d Cir. November 10, 2009) (Cabaranes, Sack, CJJ, Rakoff, DJ) Syed Hasan was convicted of a number of crimes in connection with his successful scheme to kidnap his infant son and spirit the child off to India. He appealed on a number of grounds. This long opinion covers little new ground, but closes one open question. In preparation for the kidnapping, Hasan applied for a passport for the child. In the application, he falsely gave his brother's address in... Posted on November 14, 2009 at 03:40 am by Steve Statsinger
Nov 14
The Things We Do For Love

United States v. Caraballo, No. 08-4640-cr (2d Cir. November 5, 2009) (Leval, Raggi, Livingston, CJJ) Gilberto Caraballo was a large-scale drug supplier in the Sunset Park section of Brooklyn. In September of 2000, he started dating Quincy Martinez, former girlfriend of Jose Fernandez, a dealer who worked for Caraballo. Three months into their relationship, Martinez asked Caraballo to murder Fernandez because he had been abusive toward her. Caraballo answered, "Say no more." Caraballo recruited... Posted on November 14, 2009 at 02:51 am by Steve Statsinger
Nov 14
Summary Summary

Two summary orders of interest: In United States v. McDarrah, No. 07-1849-cr (2d Cir. November 5, 2009), a child enticement case, the district court admitted opinion testimony from an FBI agent that was improper in two ways. First, the agent used "we" to preface one of his opinions, which suggested that the opinion was based on his and other agents' collective knowledge and experience, and thus was "specialized knowledge" and not a "lay" opinion. Second, the agent expressed his opinion that the... Posted on November 14, 2009 at 02:40 am by Steve Statsinger

Rank This Week: 497

The Buck Stops Here

Covers education law, politics, and the judiciary. By Stuart Buck.

http://stuartbuck.blogspot.com

Nov 16
Krugman on Education

A recent Paul Krugman column made a puzzling assertion about education: The rise of American education was, overwhelmingly, the rise of public education - and for the past 30 years our political scene has been dominated by the view that any and all government spending is a waste of taxpayer dollars. Education, as one of the largest components of public spending, has inevitably suffered. It's hard to know what precisely he's saying here, but he seems to be trying to imply that education has... Posted on November 16, 2009 at 03:21 am by Stuart Buck
Nov 14
Can Anybody Be A Genius? A Combined Book Review

This is a combined book review that I shopped around a while back: Anders Ericcson is now one of the most famous cognitive psychologists in the nation. Currently teaching at Florida State, Ericcson has spent his career pioneering the study of how experts become experts. He is particularly known for his research supporting the finding (originally due to polymath Herbert Simon) that expertise in any subject -- whether it be music, science, golf, or darts, to quote his webpage -- comes only after... Posted on November 14, 2009 at 12:47 am by Stuart Buck
Nov 1
More on Deas Vail

I've been a huge fan of Deas Vail since discovering them nearly 2 years ago. The best way to describe them would be this: indie pop-infused rock with soaring and haunting melodies sung by one of the best vocalists in rock. Having seen them three times in concert, I can say that they're far better live than most bands are in the studio with the benefit of editing, autotune, etc. As of October 27, their new album "Birds and Cages" is available on Amazon, or Itunes, or through their new record... Posted on November 1, 2009 at 06:02 am by Stuart Buck

Rank This Week: 625

Second Circuit Sentencing Blog

Summaries and commentary on substantive sentencing decisions in the Second Circuit. By Harlan J. Protass.

http://federalsentencing.typepad.com/developments_in_federal_s/

Nov 14
Clarifying The Meaning Of "Abuse of Discretion"

United States v. Hasan, Docket No. 08-4921-cr , 2009 WL 3737521 (2d Cir. Nov. 10, 2009) (found here) In Hasan, the Second Circuit takes on the job of more clearly explaining what it means by "abuse of discretion" review in the sentencing context. Here's what the court has to say: Following United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a district court has broad latitude to "impose either a Guidelines sentence or a non-Guidelines sentence." United States v.... Posted on November 14, 2009 at 09:12 am by harlanprotass
Oct 29
Two Sentencing Points From The Second Circuit

United States v. Byors, Docket No. 08-4811-cr (2d Cir. Oct. 29, 2009) (found here) On appeal, Byors argued that the district court erred in: (1) not offsetting the loss attributable to his fraud by amounts that represented legitimate investment in his business; and (2) applying a two-level enhancement for obstruction of justice relating to an offense underling his money laundering offense but not the money laundering offense itself (an issue of first impression in the Second Circuit). With... Posted on October 29, 2009 at 10:49 am by harlanprotass
Oct 24
Health, Family Support In The Community As A Basis For A Non-Guidelines Sentence

United States v. Jiang, No. 09-CR-34, 2009 WL 3254434 (E.D.N.Y. Oct. 9, 2009) Quick note: Jiang was convicted of fraudulently importing and trafficking in certain counterfeit goods, for which he faced an advisory Guidelines range of imprisonment of bewteen 78 and 87 months. The district court, however, sentenced him to 30 months imprisonment. It initially noted that the "offenses are serious" because they "destroy American commerce." But it nevertheless imposed a non-Guidelines sentence because... Posted on October 24, 2009 at 12:38 pm by harlanprotass

Rank This Week: 737

Supreme Court of Hawai`i Blog...

Supreme Court of Hawai`i Blog (Unofficial)

Covers news and commentary about the Supreme Court of Hawaii.

http://hisupremecourt.blogspot.com/index.html

Jan 8
9th Circuit unveils new website

[www.ca9.uscourts.gov] Posted on January 8, 2009 at 11:29 am
Dec 26
Check out Hawaii Legal News

Please check out Hawaii Legal News for excellent analysis of the latest appellate opinions from the Intermediate Court of Appeals and Supreme Court of Hawai`i: http://hawaiiopinions.blogspot.com/ Posted on December 26, 2008 at 10:22 am
Dec 24
Exercise of eminent domain authority in Hawai`i just got a little trickier

The power to condemn land is one of the strongest powers to be exercised by state and county government. The Supreme Court's 3-2 ruling today may cause government officials to be redouble their efforts to be certain that the power is exercised appropriately, as it is now clear that incomplete condemnation actions may lead to damage claims by property owners and that the government will need to show that its asserted public purpose isn't "pretextual." Here's Justice Acoba's majority opinion in... Posted on December 24, 2008 at 06:41 pm

Rank This Week: 779

Essentially Contested America

Covers the constitutional, political, and cultural controversies which define the character of America. By Widener University School of Law Professor Robert Justin Lipkin.

http://www.essentiallycontestedamerica.org/

Sep 30
The Public Option

The public option took a shot to the kidney yesterday. The punch was hard and it was not fair, but it is just a part of the game. The public option may be getting a standing eight-count in boxing parlance, but it should not be counted out. In the next several weeks, the pressure will [...] Posted on September 30, 2009 at 08:25 am by Henry L. Chambers, Jr.
Sep 24
Health Care and Dog Care

This week, I have ahad a taste of what it might be like not to have health insurance for members of my family. Fortunately, my experience did not involve uninsured children, but instead an uninsured dog. My puppy, Owen, just turned 6 months old and he does not have health insurance. Being [...] Posted on September 24, 2009 at 12:24 pm by Rebecca Zietlow
Sep 23
Obama and Paterson

This week, news circulated suggesting that President Barack Obama sent emissaries to attempt to convinced New York Governor David Paterson to exit the 2010 New York gubernatorial race. I have heard some argue that the president's attempt is anti-democratic and that the voters of New York should decide who their governor will be. Of course, [...] Posted on September 23, 2009 at 05:20 am by Henry L. Chambers, Jr.

Rank This Week: 795

The Magistrate's Blog

Musings and snippets from an English magistrate.

http://thelawwestofealingbroadway.blogspot.com

Nov 23
Raving Mad

We may be desperate for helicopters in Helmand, and some police forces are declining to pursue almost half of the matters reported to them, but a couple of hundred young people daring to enjoy themselves was seen as being worth two choppers and dozens of coppers to effect a handful of arrests. Sense of proportion anyone? Posted on November 23, 2009 at 01:10 am by Bystander
Nov 23
Hammered

Marcel Berlins has had yet another bash at the infuriating appearance of gavels in media depictions of English courts. I can't add anything except "Grrrrr". Posted on November 23, 2009 at 12:59 am by Bystander
Nov 20
Truly Disturbing

I have hitherto refrained from commenting on the troubling case of Paul Clarke, who appears to have got himself into some very hot water in handing in a sawn-off shotgun to the police. I agree with Charon QC that the affair has been comprehensively dealt with on Jack of Kent's blog, and you can do no better than to read JoK's post. My initial restraint was based on a hunch that there had to be more to this than meets the eye, and indeed Mr. Clarke appears to have had previous... Posted on November 20, 2009 at 12:13 pm by Bystander

Rank This Week: 800

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?

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, the district court stated: Mr. Nitch, I sentenced you to 14 years. It was not the top of the guideline, not at the bottom. You messed up when you were out on bond and that affected you. The jury found you guilty beyond a reasonable doubt, and the jury... Posted on February 21, 2007 at 06:58 am by Bill Theis
Feb 13
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. Counsel presented an alibi defense, but did very little to develop it. According to numerous potential witnesses, Raygoza at the time of the murder had been at a birthday party for his mother at her house, which was many miles from the scene of the crime. But counsel called only one witness, Raygoza's... Posted on February 13, 2007 at 03:44 am by Bill Theis
Feb 12
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 residency in Wisconsin. In doing so, he submitted false statements to banks in Wisconsin. The banks lost no money, but the district court turned to the provision in the fraud guideline that sets the offense level at a minimum of 14 if the offense involved... Posted on February 12, 2007 at 05:48 am by Bill Theis

Rank This Week: 868

The National Constitution Center...

The National Constitution Center Digital Debates

A national conversation about the Constitution, its history and its contemporary relevance. From The National Constitution Center.

http://www.constitutioncenter.org/Misc/Pages/Podcast.shtml

Nov 18
The Amazing Journey of American Women

The National Constitution Center presents New York Times columnist Gail Collins in a discussion about her book, When Everything Changed: The Amazing Journey of American Women From 1960 to the Present. Collins traces the experience of American women from the 1960s, when wives needed to get their husbands' permission to apply for a credit card, to recent events, including Hillary Clinton's historic run for President and Sarah Palin's run for Vice President of the United States. Collins covers... Posted on November 18, 2009 at 06:35 pm
Nov 11
A Moderated Conversation on Health Care

The effort to reform the nation's health care system is at the center of a serious and sometimes heated national debate. As Congress and the Obama administration struggle to agree on the nature of reform, the National Constitution Center hosts a moderated discussion on health care with former Senators Rick Santorum and Harris Wofford. Senators Santorum and Wofford bring years of experience in government, deep knowledge about health care reform, and share a desire for a civil conversation on... Posted on November 11, 2009 at 06:35 pm
Nov 4
A Right to Marry? Same-Sex Marriage and the Constitution

In November, 2008 California voters approved the Proposition 8 ballot measure, amending their state Constitution to ban marriages between same-sex couples. With a potentially precedent-setting legal challenge to Prop 8 working its way through the federal court system, the National Constitution Center presents a timely program on the issue of same-sex marriage. A lawsuit filed on behalf of two gay couples wishing to marry has attracted national attention. David Boies, one of the leading lawyers... Posted on November 4, 2009 at 06:35 pm

Rank This Week: 877

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

Nov 17
Power: An Introduction—Part 2

'[A]gainst the&#xe2€&#xa6thesis of supreme power, we argue first that since it is only by virtue of some people giving voluntary obedience that we can have coercive machinery at all, it must be possible for them on occasion to be unwilling to obey, so that no one can be coerced, and secondly, that since men are possessed only of imperfect information, the government will always be less than informed, and hence the less able to control events, the less it secures the respect of the governed.'-J.R. Lucas... Posted on November 17, 2009 at 04:47 pm by Patrick S. O'Donnell
Nov 16
Power: An Introduction—Part 1

Power, in a generic or basic sense, might be conceptualized as 'the capacity of some persons to produce intended and foreseen effects on others.' In Political Science, power is defined as 'the mobilization by an actor-whether individual or collective-of resources such as wealth, official position (authority), fame, skill, knowledge, etc. to produce effects.' A distinction is often made between 'power over' and 'power to:' the former is parasitic on or derived from the latter. '[P]olitics is not... Posted on November 16, 2009 at 06:54 pm by Patrick S. O'Donnell
Nov 11
"Making (Some) Sense of the Health Care Debate"

In Reasons for Welfare: The Political Theory of the Welfare State (1988), Robert Goodin notes: In seeking an economic justification for the welfare state&#xe2€&#xa6we must look not merely for ways in which state welfare services provide economic benefits. We must look for ways in which state welfare services provide benefits that private actors in private markets cannot. We must look for ways in which markets would necessarily fail. [&#xe2€&#xa6.] The private analogue to the social insurance programs which... Posted on November 11, 2009 at 07:08 am by Patrick S. O'Donnell

Rank This Week: 906

Texas Supreme Court Blog

Covers news and opinions from the Texas Supreme Court. By Shawn Rabin.

http://txsupremecourt.blogspot.com/index.html

Aug 5
The number of blogs that now cover...

The number of blogs that now cover Texas law combined with my work schedule has caused me to stop posting to the blog. Because the blog still receives many hits a day, I will keep it active for those looking for information on the Court. Posted on August 5, 2008 at 03:24 pm by Shawn Rabin
Jul 9
The Texas Supreme Court announced today that Forme...

The Texas Supreme Court announced today that Former Chief Justice John Hill died. The announcement begins: "Former Chief Justice of the Texas Supreme Court John Hill's death Monday ended a remarkable legal and public service career spanning 60 years. He was 83. Hill died after complications resulting from surgery to implant a heart pacemaker. He was the only person in Texas state history to serve as secretary of state, attorney general and chief justice. He retired from the Court in 1988 after... Posted on July 9, 2007 at 06:41 am by Shawn Rabin
Jun 25
Don't perform surgery on me = consent to perform s...

Don't perform surgery on me = consent to perform surgery: The Texas Supreme Court issued this Per Curiam opinion in Schaub v. Sanchez and rendered a take nothing judgment because although the Plaintiff told the doctor not to perform a stellate ganglion block, the patient knew of the risks of the procedure and therefore she could not seek relief under a theory of informed consent. Posted on June 25, 2007 at 01:20 am by Shawn Rabin

Rank This Week: 940

Third Circuit Blog

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

http://circuit3.blogspot.com

Nov 22
PA Simple Assault = crime of violence under knowing/intentional part of statute

In US v. James Henry Johnson, No. 08-3693 (3d Cir. 11/18/09), the Circuit examined whether simple assault under Pennsylvania statute is a crime of violence for purposes of USSG &#xc2&#xa7 4B1.2(a)(2). The Court, while stating that it was not actually ruling on the issue, expressly doubted that a simple assault committed recklessly could be a crime of violence in light of US v. Begay, 128 S. Ct. 1581 (2008). But the Court did rule that simple assault committed knowingly or intentionally does qualify as... Posted on November 22, 2009 at 01:58 pm by David McColgin
Nov 5
For Purposes of Double Jeopardy, General Conspiracy Statute Creates Single Offense that May Be Committed in Two Ways

In United States v. Rigas, No. 08-3218 (3d Cir., 10/21/2009) , the defendants, members of the Rigas family, were charged with participating in a fraudulent scheme effectuated through their ownership of Adelphia Communications. The defendants were indicted, inter alia, for conspiracy under 18 U.S.C. &#xc2&#xa7 371 in two separate jurisdictions for the conduct underlying this fraudulent scheme. Specifically, in 2002, the Southern District of New York indicted the defendants for conspiracy to commit an... Posted on November 5, 2009 at 03:24 am by Angela Haynes
Nov 5
Indictment Alleging Honest Services Fraud Sufficient Where Charges Allege Intentional Violation of Clearly Defined Fiduciary Duty

The issue in United States v. McGeehan, Nos. 05-1954 & 05-2446 (3d Cir.,10/22/2009) , was whether the defendants, the President/CEO and Vice-President/COO of a publicly-funded, non-profit corporation, could be prosecuted for "honest services" fraud under 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 1341, 1343 and 1346. The defendants ran the Ben Franklin Technology Center (hereinafter "BFTC"). The purpose of BFTC was to administer funds provided by the Commonwealth of Pennsylvania for other organizations in an effort to... Posted on November 5, 2009 at 03:21 am by Angela Haynes

Rank This Week: 959

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
Bilski v. Kappos - Post-Argument SCOTUScast

On November 9, 2009, the Supreme Court heard oral argument in Bilski v. Kappos. The issue in this case is whether a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing in order to be eligible for patenting under 35 U.S.C. &#xc2&#xa7 101. To discuss the decision, we have University of Chicago School of Law and New York University Law School Professor Richard A. Epstein. Posted on November 19, 2009 at 10:54 am
Nov 9
McDonald v. City of Chicago - Pre-Argument SCOTUScast Debate

On September 30, 2009, the Supreme Court granted certiorari in the case of McDonald v. City of Chicago on the question of whether the the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment makes the Second Amendment applicable to the States and invalidates Chicago's ordinance prohibiting the possession of handguns in the home. To discuss the Privileges or Immunities question, we have Institute for Justice Senior Attorney Clark Neily and Loyola Law School... Posted on November 9, 2009 at 04:31 pm
Oct 16
United States v. Stevens - Post-Argument SCOTUScast

On October 6, 2009, the Supreme Court heard oral argument in United States v. Stevens. The issue in this case is whether 18. U.S.C. 48, which criminalizes the creation for sale of depictions of animal cruelty, is facially invalid under the Free Speech Clause of the First Amendment. To discuss the case, we have Winston & Strawn litigation associate Jacob R. Loshin. Posted on October 16, 2009 at 05:02 pm

Rank This Week: 985

Sixth Circuit Blog

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

http://circuit6.blogspot.com

Nov 19
CIs

Interesting story today about police recruiting CIs. Girl was 20 years old, no drug ties, got picked up for not paying traffic tickets and driving while license suspended. Police said she could avoid a night in jail by becoming a drug CI. Interesting discussion of CIs, recruitment, the risks they take, etc. Girl ended up calling her dad, a labor lawyer, who got upset and got the CI agreement voided. Interesting, quick read. [www.buffalonews.com] Posted on November 19, 2009 at 03:28 am by Clare Freeman, RWS, WD Mich
Nov 18
Intended Loss Amount

Unpublished opinion in United States v. Newson, No. 08-6080 (6th Cir. Nov. 16, 2009). Panel of Judges Moore, Cook, and Ludington (E.D. Mich.). Defendant pleaded guilty to document fraud (18 U.S.C. &#xc2&#xa7 1028(a)(7)). Sentence of 30 months. Because of lack of factual record regarding the defendant's intent, the court vacated the sentence and remanded. Defendant used another individual's Social Security number to complete two separate credit applications in an attempt to purchase automobiles. The... Posted on November 18, 2009 at 06:50 am by Clare Freeman, RWS, WD Mich
Nov 13
Entrapment and Pre-Trial Delay

First, I apologize for my recent lack of posting. It has been a little hectic. I also apologize because this post will be quite brief-again, just a tad hectic. This week, we have United States v. Schaffer, No. 09-3053 (6th Cir. Nov. 12, 2009). Panel of Chief Judge Batchelder, and Judges Daughtrey and Van Tatenhove (E.D. Ky.). Defendant caught in government sting operation-conspiracy to obtain military secrets and laser missile technology from a DOD contractor. Events began in July 2002.... Posted on November 13, 2009 at 08:25 am by Clare Freeman, RWS, WD Mich

Rank This Week: 990

Second Opinions

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

http://secondopinions.blogspot.com/index.html

Nov 18
Lynne Stewart is screwed. Lynne...

Lynne Stewart is screwed. Lynne Stewart, attorney for radicals and terrorists (allegedly), is now in deep trouble. The Second Circuit has affirmed her conviction and has even suggested that the District Court may have been too lenient. It probably didn't help that she stated that she could do the two-and-a-half-year sentence "standing on her head." For a smart lawyer, she sure didn't handle herself well post-conviction. In my view, she might have expressed her gratitude to the District Court... Posted on November 18, 2009 at 08:46 am by Sandy
Oct 16
Cautionary Tale. Not from the Second...

Cautionary Tale. Not from the Second Circuit, but of interest to appellate practitioners is the decision in Espitia v. Fouche. The Wisconsin Court of Appeal sanctioned a litigant for an citation error. The decision in the case can be found here. The relevant portion of the decision is in paragraph 5. Posted on October 16, 2009 at 01:06 am by Sandy
Oct 6
Aiding and Abetting Alien Torts. The...

Aiding and Abetting Alien Torts. The Second Circuit has set a high bar for foreign plaintiffs attempting to use U.S. courts to hold foreign defendants accountable for aiding and abetting human rights violations in foreign lands. Such a defendant may only be found liable if he or she "purposefully" aided and abetted a violation of international law. Knowledge alone is not enough. The decision in The Presbyterian Church of Sudan v. Talisman Energy, Inc. can be found here. Posted on October 6, 2009 at 04:54 am by Sandy

Rank This Week: 997

ECJBlog

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

http://courtofjustice.blogspot.com/index.html

Nov 11
Case C-519/07, Koninklijke FrieslandCampina

In 1997, the Member States adopted a code of conduct for business taxation, by which they agreed to dismantle progressively specific tax measures categorised as harmful, while the Commission expressed its intention to examine or re-examine, with regard to the rules governing State aid, the tax schemes in force in the Member States. In the course of that examination, the Commission requested details on a scheme introduced by the Netherlands concerning international financing activities carried... Posted on November 11, 2009 at 01:30 am by Allard Knook
Nov 10
Case C‑196/08, Acoset

This reference for a preliminary ruling concerned the legal regime governing public-private partnership arrangements in the context of the management of public services. As is well known, the direct attribution of the management of public services to a semi-public company is contrary to Community law if the requirements of the directives on public procurement are not satisfied. As pointed out by the Advocate General to this case, this case had "a specific characteristic which set it apart from... Posted on November 10, 2009 at 03:09 am by Allard Knook
Sep 16
Case C‑427/07, Commission v Ireland

>> Court interprets several provisions of &#xc3&#x85rhus Directive, EIA Directive and IPPC Directive This was an interesting case on Directive 2003/35, which, as was well known, together with Directive 2003/4/EC, implemented the first and second "pillars" of the &#xc3&#x85rhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. In short, this case was based on two different pre-litigation procedures. First, the Commission complained... Posted on September 16, 2009 at 03:43 pm by Allard Knook

Rank This Week: 1026

Abstract Appeal

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

http://abstractappeal.com

Aug 6
Fifth District Appointment

Congratulations to Indialantic's Judge Bruce Jacobus. Yesterday, Governor Crist appointed Judge Jacobus to the Fifth District. Judge Jacobus spent the last 14 years as a judge with the 18th Judicial Circuit. He takes the seat vacated when Judge Pleus retired. You can read the Governor's press release announcing the appointment here. Posted on August 6, 2009 at 01:45 am by Matt Conigliaro
Aug 6
Fifth District: Grandparental Custody

Can grandparents obtain primary residential responsibility over their grandchildren, better known as custody, without adopting them? Yes, explained the Fifth District in this decision, which involved a mother who consented to the placement and a father whose identity was allegedly unknown. Posted on August 6, 2009 at 01:40 am by Matt Conigliaro
Aug 6
Fifth District: Great Way To Lose, Treating Physician Discovery

I recently posted on a Fifth District decision that seemed a bad way to win. Well, here we have a decision from the same court that seems like a great way to lose. The case involved a certiorari petition seeking relief from a trial court's order denying discovery. The order refused to permit the petitioner to obtain bias discovery regarding the respondent's treating physicians' involvement with Posted on August 6, 2009 at 01:35 am by Matt Conigliaro

Rank This Week: 1079

Direct Appeal

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

http://directappeal2.blogspot.com/index.html

May 28
District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive

COMPETENCE United States v. Landers, No. 08-6105, ___ F.3d ___ (10th Cir. May 5, 2009)(W.D. Oklahoma). Appeal of convictions for conspiring to impede federal officials in performance of their duties and for mailing threatening communications in violation of 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 372 and 876. HELD: District court did not err by not ordering competency hearing. District court reasonably determined there was insufficient cause. While defendant's courtroom behavior was disruptive, it was not hysterical or... Posted on May 28, 2009 at 06:59 am
May 28
Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

DUE PROCESS/COMPETENCE United States v. Cornejo-Sandoval, No. 08-2070, ___ F.3d ___ (10th Cir. May 5, 2009)(New Mexico). Appeal of convictions for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. &#xc2&#xa7&#xc2&#xa7 841(a)(1) and 846. HELD: District court did not violate defendant's due process rights, and therefore, abuse its discretion, by denying him a second competency hearing. A reasonable judge situated in the same position as this judge would find insufficient cause to... Posted on May 28, 2009 at 06:17 am
May 27
Foreclosure price of fraudulently financed property may be used to determine victim’s loss for restitution purposes

RESTITUTION United States v. James, No. 08-1292, ___ F.3d ___ (May 5, 2009)(Colorado) Appeal of restitution order entered in conjunction with conviction for wire fraud and aiding and abetting in violation of 18 U.S.C. &#xc2&#xa7&#xc2&#xa7 2 and 1343. HELD: Under Mandatory Victim Restitution Act at 18 U.S.C. &#xc2&#xa7 3663(A), methods other than fair market price may be used to calculate property value for determining amount of restitution (e.g., foreclosure price or replacement price). In this instance, foreclosure... Posted on May 27, 2009 at 05:59 am

Rank This Week: 1101

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/

Feb 6
Texas Supreme Court Orders 2/6/09

The Texas Supreme Court issued no opinions with this week's regular orders. Things have been very quiet lately. The Court has conferences scheduled for Monday and Tuesday of next week and again on February 23 and 24, so I suspect the floodgates will open and we'll have several new decisions before month's end. In other matters of interest, Chief Justice Jefferson is scheduled to give the "State of the Judiciary" address to a joint session of the Senate and House on Wednesday, February 11, at... Posted on February 6, 2009 at 07:21 am
Feb 5
Interlocutory Appeal After Final Judgment?

Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by statute until the interlocutory appeal is resolved, But sometimes the trial court renders a final judgment before then. What does one do in that situation? File an amended notice of appeal? No, says Isuani v. Manske-Sheffield Radiology Group, 802 S.W.2d 235 (Tex. 1991) (per curiam). Under this... Posted on February 5, 2009 at 08:01 pm
Feb 3
Third Court Upholds Future Mental Anguish Award

In Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church's no-evidence challenge to that award after determining that the church failed to preserve error by timely objecting to plaintiff's expert testimony as unreliable. The Court went on to... Posted on February 3, 2009 at 10:05 am

Rank This Week: 1122

Underneath Their Robes

News, gossip, and colorful commentary about the federal judiciary.

http://underneaththeirrobes.blogs.com/main/

Nov 15
A Holiday Wish List for Groupies

by Clerquette Yes, Groupies: Clerquette realizes that it is merely November, and that drugstores everywhere are still stocked with Halloween candy (at fire sale prices, Clerquette hastens to add, for those of you who didn't get your fill of Sweet-Tarts and Hershey's Miniatures!). And, yes, Clerquette is aware that there are a sprawling 41 shopping days left before Christmas. But, after hearing sad news of the death of Justice Sandra Day O'Connor's husband, John, Clerquette thought that a little... Posted on November 15, 2009 at 09:47 pm by Clerquette LeClerq
Oct 5
Court is in Session!

by Clerquette Welcome back, Groupies! How I have missed your virtual company, and how fervently I hope that you enjoyed a summer of lazy Sundays, cocktails at sundown, and the operatic spectacle of Senate confirmation hearings for a brandy-new Justice. Clerquette also hopes that your collective appetites are whetted for what promises to be an illustrious first term for our newest Associate Diva Justice, Sonia "From the Block" Sotomayor. Not surprisingly, all eyes are on Justice Sonia, whose... Posted on October 5, 2009 at 07:13 am by Clerquette LeClerq
Aug 17
Good thing the Supreme Court has its own gym!

By Article III Groupie When Justice Sonia Sotomayor needs to work off all the rice, beans and pork she's consumed, she hits the gym. Alas, it appears that Her Honor's Equinox gym membership was canceled, after she apparently refused to show identification when trying to enter the premises. A3G is with Justice Sotomayor: she's a frickin' federal judge, the closest thing this nation has to an aristocracy. Showing ID is for little people! Sure, Barack Obama showed his birth certificate... Posted on August 17, 2009 at 12:36 pm by Article III Groupie

Rank This Week: 1284

Eminent Domain

Covers judicial news.

http://eminentdomain.blogspot.com/index.html

Jan 4
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 blame. The past month and a half has been eaten up mostly by what I will just call professional developments. When combined with my current day job, holiday and family stuff, and the random things that tend to come up, I haven't had any time to write... Posted on January 4, 2008 at 08:18 am by Steve
Dec 6
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. The questions that he did ask seemed to hint that he sided with the government. It was very interesting. I'm going to chew on this a little bit more, then post about it. Until then, here's Justice Kennedy being funny... With all the talk about GITMO and enemy... Posted on December 6, 2007 at 09:07 am by Steve
Dec 5
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 and her views on the Roberts Court. Buckle up and grab a sick bag. This is rough... "...the Constitution is an organic, growing, evolving set of principles..." Thank you, Senator Clinton, for giving me a pithy quote to use as a reason why I will never, ever... Posted on December 5, 2007 at 03:37 pm by Steve

Rank This Week: 1316

Oyez Supreme Court Multimedia: New...

Oyez Supreme Court Multimedia: New Media Releases

New and Updated Audio from The Oyez Supreme Court Multimedia Project.

http://www.oyez.org

Oct 20
DeShaney v. Winnebago County - Oral Argument

Posted on October 20, 2009 at 04:52 pm
Oct 20
DeShaney v. Winnebago County - Oral Argument

Posted on October 20, 2009 at 04:52 pm
Oct 16
Cole v. Young - Oral Argument

Posted on October 16, 2009 at 02:17 pm by jgoldman

Rank This Week: 1347

A Criminal Waste of Space

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

http://www.acriminalwasteofspace.net/

Aug 1
A Ticket to Walk: Cap'n Crunch and the Other Terrorists

I think I may have underestimated the Pepsi Cola people. This would, after all, be an easy thing to do. About all we see of Pepsi is that red-white-and-blue beachball logo, and it's hard to take them seriously as an evil empire when all they seem to want us to do is join the Pepsi generation and... Posted on August 1, 2009 at 01:52 pm
May 13
Its Alright Ma (Im Only Bleeding)

I have gone gently into the good night of geezerhood. I'm not sure exactly when it happened. At some point, apparently while my attention was diverted, I went from being "The Kid"1 to being "Acting PJ." That's like going to bed Warren Zevon and waking up The Werewolf of L... Posted on May 13, 2009 at 11:08 am
Apr 1
Two More Cases I Would Have Gotten Wrong

I was a trial judge for ten years without ever being assigned to Family Law. Turns out all you have to do is deny a coupla divorces and the Presiding Judge decides you're not cut out for that assignment. Go figure. Seemed to me you shouldn't need a judge to grant divorces if... Posted on April 1, 2009 at 03:37 pm

Rank This Week: 1525

INCourts

Covers Indiana court decisions.

http://incourts.blogspot.com/index.html

Jan 14
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. I haven't read the opinions. The result is certainly disappointing, especially when you consider how close--and weird--the vote was. I thought Ginsburg and Stevens were true Blakely believers. (We know after Booker that Justice Breyer is a traitor to the cause.) And maybe they are and... Posted on January 14, 2009 at 01:03 pm by Michael Ausbrook
Nov 11
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. -Senator Roman Hruska (R-Nebraska), in defense of Nixon's nomination of G. Harold Carswell From Indiana Political Heroes by Geoff Paddock Posted on November 11, 2008 at 11:06 am by Michael Ausbrook
Oct 31
Happy Halloween

From Zombie Cat Posted on October 31, 2008 at 08:12 pm by Michael Ausbrook

Rank This Week: 1549

New York Law Notes

Provides a summary of an Appellate Division case of special interest to New York practitioners.

http://drdiekman.blogspot.com/

Jan 17
The Second Department granted...

The Second Department granted plaintiff-bank's motion for partial summary judgment on the issue of liability on its breach of guaranty cause of action, in Sterling National Bank v. Biaggi, which was decided on January 10, 2008. Defendant's written personal guaranty unequivocally provides that: (1) it is absolute and unconditional in all respects and enforceable irrespective of any other agreements or circumstances which might otherwise constitute a defense to the guaranty and obligation of the... Posted on January 17, 2008 at 04:51 am
Jan 16
Assumption of the risk. Plaintiff was...

Assumption of the risk. Plaintiff was at a baseball field to watch her son's team play a practice-game and was injured when she was struck by a bat being swung by a player on the off-field side of a chain-link fence running along the third-base line. The player, in effect, was in the on-deck circle. The First Department applied the doctrine of primary assumption of risk and dismissed the complaint, in Roberts v. Boys & Girls Republic, Inc., which was decided on January 8, 2008. According to... Posted on January 16, 2008 at 04:45 am
Jan 15
Notice and causality. The First...

Notice and causality. The First Department affirmed Supreme Court's denial of defendant's summary judgment motion, in Ruiz v. 30 Real Estate Corp., which was decided on January 8, 2008. Defendant failed to satisfy its initial burden of making a prima facie case on its argument that the grease and garbage on the staircase in its building was not a proximate cause of plaintiff's fall. In plaintiff's deposition testimony, which defendant offered in support of its motion, plaintiff said that he... Posted on January 15, 2008 at 04:41 am

Rank This Week: 1597

Supreme Court Watch Podcast

News, views and insight on the Supreme Court. From the Alliance for Justice.

http://allianceforjustice.libsyn.com

Oct 19
Justice Watch #3

Michael Mukasey hearings - day 2 Posted on October 19, 2007 at 08:33 am
Oct 18
Justice Watch #2

Michael Mukasey hearings - day 1 Posted on October 18, 2007 at 08:01 am
Oct 16
Justice Watch #1

Michael Mukasey Judiciary Committee hearing preview Posted on October 16, 2007 at 03:36 pm

Rank This Week: 1607

Nomination Watch

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

http://www.nominationwatch.org/

May 4
Update

NominationWatch.org is currently on hiatus until major developments in nominations occur. In the meantime, please visit Womenstake.org, NWLC's multi-issue blog. Please continue to come to here for archival information and resources on court decisions, trends, and lower court nominations. Posted on May 4, 2007 at 07:37 am by Meghan Rhoad
Mar 23
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 a generally comprehensive prescription drug plan is discriminating against women in the fringe benefits they provide. Since then, several district courts around the country have reached the same conclusion, and many companies - including Wal-Mart, the... Posted on March 23, 2007 at 07:45 am by Meghan Rhoad
Feb 27
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 protesting sex discrimination in their schools. Justice O'Connor wrote the decision for the Court (which split 5-4), in which she recognized that even though retaliation is not specifically mentioned in the statute, "if retaliation were not prohibited, Title... Posted on February 27, 2007 at 08:20 am by Meghan Rhoad

Rank This Week: 1633

The Robert H. Jackson Center...

The Robert H. Jackson Center Lecture Series Podcast

Lectures and interviews undertaken by the Robert H. Jackson Center to capture recollections and reflections of those associated with the late Supreme Court Justice Robert H. Jackson and his legacy.

http://www.procasts.com/?podcastID=28

Oct 12
Justice Robert H. Jackson on Security, Liberty and Law

How Robert Jackson balanced protection of the individual while securing the nation against foreign aggression during the period leading up to World War II was the subject of Professor John Barrett's discussion at the Ampitheater during the third day of 'Justice and Security Week' at Chautauqua Institution. John Barrett is a Professor of Law at St. John's University School of Law, New York. Professor Barrett edited 'That Man' the late Supreme Court Justice Robert Jackson's previously unknown... Posted on October 12, 2006 at 09:00 pm
Oct 12
Justices, Presidents and Senators

A speech by Professor Henry Abraham, the Emeritus Woodrow Wilson Professor at the University of Virginia, concerning "Justices, Presidents and Senators." Professor Henry Abraham discussed the historical context and significance of Justice Jackson's career on the Supreme Court. In Professor Abraham's opinion, Justice Jackson's historical significance is a result of his writing as he brought life to major consitutional questions. In addition, Abraham discussed Justice Jackson's feud with fellow... Posted on October 12, 2006 at 09:00 pm
Sep 14
Robert H. Jackson Center Dedication

Chief Justice William Rehnquist spoke in Jamestown discussing his experiences with Robert H. Jackson and how Jackson's legacy continues to make an impression on governmental power and functions today. Chief Justice Rehnquist held the position of Supreme Court Justice and did so for more than three decades presiding over a diverse set of issues ranging from abortion to school prayer, the presidential impeachment in 1999 and the 2000 presidential election. Rehnquist served from 1952 to 1953 as... Posted on September 14, 2006 at 09:00 pm

Rank This Week: 1656

Mass Appeal!

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

http://www.yourmassappeal.com

Nov 22
Melendez-Diaz goes ballistic

Anyone who hated Melendez-Diaz v. Massachusetts now finds themselves looking down the barrel of Commonwealth v. Hollister, App. Ct. No. 08-P-1080 (Nov. 17, 2009), in which the Appeals Court has reversed the conviction of a defendant who did not have the opportunity to cross-examine the technician who determined that the loaded gun at issue was a "firearm." Melendez-Diaz was, of course, the most important criminal law ruling from the Supreme Court's last term. As I've already discussed (more... Posted on November 22, 2009 at 06:32 pm by Matt Cameron
Jul 23
Could Professor Gates have been convicted of disorderly conduct?

So. Gatesgate.1 For as eminently debatable as this week's arrest of Professor Henry Louis Gates and its aftermath may be for people who are properly qualified to discuss the state of race relations in America, I am not one of those people.2 But I have been excited to see how much attention this story has brought to the Commonwealth's colonial-era disorderly conduct statute, and this is as good a time as any for us to review once again why its continued existence is nothing but an embarassment... Posted on July 23, 2009 at 06:22 pm by Matt Cameron
Jul 2
HEY YOU GUUUUUYS!!!!!!!

So you've been caught stealing from The Electric Company.1 Your trial and conviction were otherwise unremarkable, and you're short on good issues for appeal. Might as well try this: The defendant lastly contends that the electricity and the gas sold by NSTAR do not constitute "property"&#xe2€&#xa6... Posted on July 2, 2009 at 09:30 am by Matt Cameron

Rank This Week: 1708

Oral Arguments

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

http://www.ca8.uscourts.gov

Nov 20
09-1308: United States vs Juan Chavez-Alvarez

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 11-20-2009 Posted on November 20, 2009 at 11:12 am
Nov 20
09-1260: United States vs Marshall Kanner

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 11-20-2009 Posted on November 20, 2009 at 11:08 am
Nov 20
08-4012: United States vs Jeffery Haas

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 11-20-2009 Posted on November 20, 2009 at 11:05 am

Rank This Week: 1923

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 20
Supreme Court: Fighting Discrimination...Remedies That Is (Part 2: Minority /Vulnerable Discrimination Claims)

When it comes to supporting minorities and the vulnerable against discrimination, the Supreme Court scores zero. Yes, a big fat 0.To be fair, let me explain. At the least, let me offer one of the reasons for my assertion now. (I'll get to another later.)Last term, the Court heard 5 close cases involving alleged discrimination against a minority or member of some vulnerable class. The cases were " Posted on November 20, 2009 at 09:50 am by Vin Bonventre
Nov 19
Court of Appeals: Benefits OK for Gay Couples Married Elsewhere

New York's highest court unanimously gave the green light to health insurance and other benefits for married same-sex couples. It ruled that same-sex partners who were married in other states, and are public employees in New York, may be provided all the public employee benefits to which opposite-sex married spouses are entitled.The Court's vote was actually 4 to 3. There was a majority opinion, Posted on November 19, 2009 at 06:52 am by Vin Bonventre
Nov 15
Supreme Court: Fighting Discrimination...Remedies That Is (Part 1: Discrimination Claims)

It's kind of strange. What the Supreme Court is up to recently.Most of us grew up believing that the Supreme Court was the ultimate guardian of our rights and liberties, the protector of unpopular minorities and the vulnerable. That was its loftiest role in our tripartite and federal form of government.Of course, that may not have been an accurate reflection of the role actually played by the Posted on November 15, 2009 at 03:16 am by Vin Bonventre

Rank This Week: 1935

The Jefferson Court Blog

Covers the Texas Supreme Court. By Wolfgang P. Hirczy de Miño.

http://texas-opinions.blogspot.com/

Nov 20
2009-11-20 Texas Supreme Court Nixes Gas Station Owners' Class Action Against Exxon

ANOTHER CLASS-ACTION UNDONE BY THE TEXAS SUPREME COURT Exxon Mobil Corp. v. Gill, No. 07-0404 (Tex. Nov. 20, 2009)(per curiam)(class action suits)(trial court's class certification order in suit brought by gas station dealers over pricing and rebates is vacated and the case is remanded to that court for further proceedings) EXXON MOBIL CORPORATION v. DAN GILL, ET AL.; from Nueces County; 13th district (13 06 00048 CV, ___ SW3d ___, 04 12 07) Pursuant to Texas Rule of Appellate Procedure 59.1,... Posted on November 20, 2009 at 08:09 am by WOLFGANG P. HIRCZY DE MIÑO, PH.D. (Political Science)
Nov 1
2009-10-30 Tex. Sup. Ct. Opinions

Texas Supreme Court Opinions Issued October 30, 2009 ATTORNEY'S FEES OCCASIONED BY PROFESSIONAL NEGLIGENCE OF ATTORNEY(S) RECOVERABLE BY CLIENT AS DAMAGES IN SUBSEQUENT LEGAL MALPRACTICE SUIT - "AMERICAN RULE" NOTWITHSTANDING Akin, Gump, Strauss, Hauer & Feld, LLP v. National Development and Research Corp. No. 07-0818 (Tex. Oct. 30, 2009)(Johnson)(legal malpractice, damages dependent on collectibility or would-be judgment, attorney's fees caused by malpractice as recoverable damages, the... Posted on November 1, 2009 at 01:02 pm by WOLFGANG P. HIRCZY DE MIÑO, PH.D. (Political Science)
Oct 23
Texas Supreme Court's First Set of Opinions in New FY Don't Suggest Any Impending Shift

MISSION STATEMENT: THE BUSINESS OF AN ALL-REPUBLICAN TEXAS SUPREME COURT IS TO REVERSE JURY VERDICTS IN TORT CASES AGAINST CORPORATE DEFENDANTS. A VARIETY OF LEGAL THEORIES WILL DO, INCLUDING FEDERAL PREEMPTION October 23, 2009 Opinions AS LONG AS THE NUMBER OF FOOTNOTES EXCEEDS 50, IT MUST BE THE CORRECT DECISION (AFTER ALL, WHO HAS THE TIME TO ACTUALLY READ HECHT'S OPINIONS AND UNDERSTAND THAT FEDERAL INVOLVEMENT WAS MEANT TO PROMOTE SAFETY AND PREVENT TRAGEDIES SUCH AS THIS ONE, RATHER THAN... Posted on October 23, 2009 at 09:53 am by WOLFGANG P. HIRCZY DE MIÑO, PH.D. (Political Science)

Rank This Week: 1963

Wait A Second!

Covers civil rights opinions of the United States Court of Appeals for the Second Circuit. By Bergstein & Ullrich, LLP.

http://secondcircuitcivilrights.blogspot.com/

Nov 19
No "new" parades on Fifth Avenue does not violate First Amendment

So you want to have a parade along Fifth Avenue, the crown jewel of parade routes in New York City? You probably can't do it, unless you were grandfathered in when New York City banned any "new" parades in 2001. Is this legal under the First Amendment? Yes. The case is International Action Center v. City of New York, decided on November 17. In 2001, the City decided that Fifth Avenue parades put too much of a strain on traffic, street closures and other problems. The 2001 law says that "permits... Posted on November 19, 2009 at 10:10 pm by Second Circuit Civil Rights Blog
Nov 18
Convict cleared by DNA testing cannot sue DA's office

One of the biggest advances in forensics over the last few decades is DNA testing for criminal convicts found to be innocent of their crimes and set free. One of the rock-solid principles of civil rights law is that you cannot sue the prosecutor in connection with his advocacy against you as a criminal defendant. These concepts intersected in Douglas Warney's case before the Second Circuit. The case is Warney v. Monroe County, decided on November 13. As the Court of Appeals opens up the... Posted on November 18, 2009 at 10:37 pm by Second Circuit Civil Rights Blog
Nov 17
Trial court needs to give qualified immunity analysis deeper thought

Qualified immunity lets individual government defendants off the hook if they acted reasonably under the circumstances or their behavior did not violate clearly-established law. This analysis normally looks carefully at the defendant's actions to see if he can win the case without a trial. But, sometimes, it's the actions of the trial court which require greater scrutiny. The case is Distiso v. Town of Wolcott, a summary order decided on November 5. The parent brought this racial discrimination... Posted on November 17, 2009 at 11:44 pm by Second Circuit Civil Rights Blog

Rank This Week: 2073

Legally UnBound

Covers unfairness, bias and the lack of common sense in the law.

http://www.legallyunbound.com/

Nov 19
UPDATE: Phoenix Deputy Stoddard, Decision Is In

. Unbelievable!! We need you in Las Vegas, Judge Donahoe. The good judge has issued his Opinion in the Adam Stoddard contempt hearing (the one where the court deputy took a document from the... Law and Legal Analysis from the Opinions of the Indignant Posted on November 19, 2009 at 02:00 pm
Nov 19
Las Vegas Court Marshals Restrain Reporters To Keep Jackson's MD "Safe"

You see, I told you Las Vegas gets their Bailiffs (I mean Marshals) involved in improper actions (at least in my opinion), just like Phoenix. This week, Dr. Murray (of the Michael Jackson drug saga)... Law and Legal Analysis from the Opinions of the Indignant Posted on November 19, 2009 at 06:27 am
Nov 18
Independent Commission on Judicial Reform Issues Report, Post-Caperton

Yes, here we are again talking about 'judicial appointments', and the debate rages on. We've posted on this topic several times this year. However, in the long wake of Caperton, West Virginia has... Law and Legal Analysis from the Opinions of the Indignant Posted on November 18, 2009 at 06:00 am

Rank This Week: 2105

Ohio Supreme Court Opinion...

Ohio Supreme Court Opinion Summaries

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

http://www.supremecourtofohio.gov/communications_office/summaries/archives/

Nov 19
Court Suspends Two Cleveland Attorneys

In separate decisions announced today, the Supreme Court of Ohio suspended the licenses of Cleveland attorneys Donald S. Nance and William Dawson for violations of state attorney discipline rules. Posted on November 19, 2009 at 08:29 am
Nov 18
Eaton Attorney Suspended

The Supreme Court of Ohio today indefinitely suspended the license of attorney Andrew F. Siehl of Eaton for abandoning the case of an incarcerated client he was appointed to represent in a postconviction appeal, then failing to respond to inquiries or otherwise cooperate with disciplinary authorities during the investigation of his misconduct. Posted on November 18, 2009 at 06:19 am
Nov 18
Denial of Writ In Public Records Case Affirmed, Attorney Fee Request Remanded for Further Hearing

The Supreme Court of Ohio today affirmed a decision of the 1st District Court of Appeals that denied a writ of mandamus sought by the Cincinnati Enquirer newspaper to compel disclosure of documents related to the Cincinnati Public Schools' search for a new superintendent. Posted on November 18, 2009 at 06:19 am

Rank This Week: 2163

One Court of Justice

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

http://www.ocjblog.com

Nov 19
Detroit News commentary critical of disqualification rules

This morning, The Detroit News published a commentary from Dan Pero, former chief of staff to Governor John Engler, titled "Beware power grab for Michigan court." The commentary begins, "There's a discredited practice in politics: If you can't win the game, change the rules. The majority of justices on the Michigan Supreme Court is attempting to do just that by making it far easier to dismiss justices elected by Michigan voters from controversial cases and blatantly shift the balance of power... Posted on November 19, 2009 at 04:39 am by Matthew Nelson
Nov 18
Judge Whitbeck on “The Golden Minute and a Half”

At yesterday's FBA "brown bag luncheon," Judge William C. Whitbeck, from the Michigan Court of Appeals, presented his views on how to maximize the effectiveness of your presentation in that precious first 90 seconds of oral argument before the judges begin to pepper you with questions. The premise of Judge Whitbeck's presentation was that "you must have a premise." Good advocacy, whether in a brief or oral argument, must begin and end with a single premise. Distill from the issues in your case... Posted on November 18, 2009 at 05:22 am by Gaëtan Gerville-Réache
Nov 14
MSC Order List: November 13, 2009

On Friday, November 13, 2009, the Michigan Supreme Court took substantive action in the following cases: Coblenz v. City of Novi: The Court peremptorily reversed in part the Court of Appeals' decision affirming the trial court's award of case evaluation sanctions in this long-running FOIA dispute. The trial court did not apply the analysis required by Smith v. Khouri, 481 Mich. 519, 751 N.W.2d 472 (2008), to determine whether the attorney fees requested by the plaintiff were reasonable.... Posted on November 14, 2009 at 01:24 pm by Matthew Nelson

Rank This Week: 2192

Family, Criminal, Personal Injury,...

Family, Criminal, Personal Injury, in Nevada

Covers Nevada Supreme Court cases and laws involving criminal, civil, and family issues. By Anthony Wright.

http://wrightlawnv.blogspot.com/

Nov 19
FAMILY: Court Costs are Expensive for Divorces, Beware of False Ads

Beware of advertisements wherein someone tells you they will handle your divorce for a couple hundred dollars. That is virtually impossible to do. Let me explain. To file for divorce in Clark County, Nevada (Las Vegas, Henderson, North Las Vegas, Boulder City) the current filing fee is $289.00 (November 2009). Add several more dollars to that for copying costs. Then, you will have to have a process server serve your soon to be ex. If you go with a professional server (recommended) it will cost... Posted on November 19, 2009 at 03:42 am by Anthony Wright--The Wright Law Offices--Las Vegas
Nov 16
Search Warrant Only if Police want into your Home

linkHOME - INJURY - FAMILY - CRIMINAL - TRAFFIC - PROCESS - COURTS - ARTICLES - LINKS Posted on November 16, 2009 at 03:08 am by Anthony Wright--The Wright Law Offices--Las Vegas
Nov 14
How to Not Consent to a Search when Officers Request...

linklinkHOME - INJURY - FAMILY - CRIMINAL - TRAFFIC - PROCESS - COURTS - ARTICLES - LINKS Posted on November 14, 2009 at 04:47 pm by Anthony Wright--The Wright Law Offices--Las Vegas

Rank This Week: 2197

UKSC Blog

Covers the UK Supreme Court and its judgments.

http://www.ukscblog.com/

Nov 18
Case on de facto directors to go to the Supreme Court [updated]

Click to read full article Posted on November 18, 2009 at 10:46 am
Nov 18
Privy Council - Gibraltar Chief Justice to be removed [updated]

Click to read full article Posted on November 18, 2009 at 10:46 am
Nov 18
Lord Falconer declares UKSC Blog 'Officially Open'

Click to read full article Posted on November 18, 2009 at 10:46 am

Rank This Week: 2266

HogLaw.org

Comments on legal developments in Arkansas and analyzes the Arkansas Supreme Court's jurisprudence.

http://www.hoglaw.org/home/

Nov 15
Delinquency Orders Not Final, Appealable Orders

In State v. R.H., 2009 Ark. 564, the Arkansas Supreme Court found that an order adjudicating delinquency was not a final, appealable order because a subsequent disposition hearing was required and the order did not impose an out-of-home placement for the minor or involve dependency-neglect. An order's final determination on the admissibility of evidence as to the delinquency charge(s) was not sufficient to render the order appealable even where such an evidentiary issue would not be revisited... Posted on November 15, 2009 at 10:51 am by Jerald Sharum
Nov 11
Duty to Investigate Crop Seller Still Only if Buyer On Notice of Tenancy

In Riceland Foods, Inc. v. Pearson, 2009 Ark. 520, the Arkansas Supreme Court recently re-affirmed that a crop purchaser does not have a duty to investigate whether the seller is a tenant or owner of the farmland on which the crops were produced before the buyer's title is perfected against a potential landlord's crop lien. Posted on November 11, 2009 at 10:40 am by Jerald Sharum
Oct 22
City Council Zoning Decisions Not Subject to De Novo Review

In PH, LLC v. City of Conway, the Arkansas Supreme Court held that zoning decisions by city councils are not subject to the review procedures set out in the municipal planning code because such decisions are legislative in nature. 2009 Ark. 504, at 10. The Court therefore rejected an appeal that asked for de novo review by a circuit court of a city council's decision to deny a zoning petition. Id. Posted on October 22, 2009 at 11:45 am by Jerald Sharum

Rank This Week: 2476

INappeals

Coverage of the Indiana Supreme Court and Indiana Court of Appeals. By Bingham McHale.

http://blog.binghammchale.com/blog/inappeals

Nov 9
INDIANA SUPREME COURT: Week In Review (Nov. 2-6, 2009)

By Shannon Landreth In Kohlmeyer v. Second Injury Fund, the Indiana Supreme Court found that a worker cannot include in his or her calculation for eligibility for additional compensation from the Second Injury Fund benefits from other sources. Specifically Social Security Act benefits could not be included in determining the worker's eligibility for Second Injury Fund compensation under the Indiana Worker's Compensation Act. However, the Court further found that by approving the parties'... Posted on November 9, 2009 at 07:57 am
Nov 9
INDIANA COURT OF APPEALS: Cases Of Note (Nov. 2-6, 2009)

By Shannon Landreth In Garcia v. State, the Indiana Court of Appeals reversed Garcia's conviction of an enhanced sentence and habitual substance offender determination because the trial court did not obtain from Garcia a personal waiver of his right to have a jury make these determinations. In particular the Court of Appeals found that "it is apparent that Garcia did not acquiesce in his attorney's representation of a waiver" because "Garcia expressed a desire to have the jury hear his... Posted on November 9, 2009 at 07:53 am
Nov 9
INDIANA SUPREME COURT: Week In Review (Oct. 26-30, 2009)

By Shannon Landreth In Gunashekar v. Grose, the Indiana Supreme Court analyzed whether the trial court abused its discretion by denying the Gunashekars' motion for a continuance of a half day bench trial after the trial court granted their attorney's motion to withdraw six weeks before the scheduled trial. The Court observed that the Gunashekars "said nothing to the trial judge to indicate whether they were diligent in trying to engage new counsel" and they were "not forced to proceed without... Posted on November 9, 2009 at 07:48 am

Rank This Week: 2646

Texas Court of Criminal Appeals...

Texas Court of Criminal Appeals blog

Covers the court of last resort on Texas criminal matters. By R. J. MacReady.

http://www.txccablog.com/

Nov 4
Issues Granted - 11/4/09

On November 4, 2009, the CCA granted discretionary review in the following cases on the following issues: PD-1779-08, Ronald Lamont Guyton v. State: The CCA granted Guyton's petition for discretionary review without oral argument in this possession of a controlled substance with intent to deliver case out of Brazos County on the following issues: 1. Review is justified because the Tenth Court of Appeals misapplied the "mailbox rule" contained in rule 9.2(b)(1) of the Texas Rules of Appellate... Posted on November 4, 2009 at 09:05 am by R.J. MacReady
Nov 4
Today's Opinions - 11/4/09

Today, the CCA handed down published opinions in the following cases: PD-0198-08, Jose Carmen Saavedra v. State: The Court held that an out-of-court interpretation through a non-testifying interpreter can be admissible over a hearsay objection under Rule 801(e)(2)(C) or (D) if the trial court is satisfied that the party authorized the interpreter to speak for him on the particular occasion. The Court remanded the case back to the court of appeals to determine whether the interpreter in this... Posted on November 4, 2009 at 03:35 am by R.J. MacReady
Nov 4
Case Summary - Jose Carmen Saavedra v. State

A jury convicted Jose Carmen Saavedra of aggravated sexual assault of a child, in this case, his step-daughter. During the trial, the State introduced testimony from a detective that Saavedra had admitted to a Spanish interpreter that he had committed the offense. The interpreter did not testify at trial, and the detective did not understand Spanish. The Dallas Court of Appeals held in an unpublished opinion that the admission of this testimony was harmful error and remanded for a new trial.... Posted on November 4, 2009 at 03:34 am by R.J. MacReady

Rank This Week: 2725

Legal Legacy

Provides book reviews and analyses of notable Supreme Court cases.

http://legallegacy.wordpress.com

Oct 15
October 16, 1859 – John Brown and His Followers Seize Harpers Ferry

On October 16, 1859, abolitionist John Brown (a white man known for his violent opposition to slavery) and twenty-one armed followers seized the United States Armory and Arsenal at Harpers Ferry, Virginia (now West Virginia). The would-be revolutionaries, including three free blacks, one freed slave, and one fugitive slave, hoped to incite a rebellion of [...] Posted on October 15, 2009 at 09:07 pm by rhapsodyinbooks
Aug 2
June 4, 1923 – The Supreme Court Decides Meyer v. Nebraska

In Meyer v. Nebraska, 262 U.S. 390 (1923), the U.S. Supreme Court held that a 1919 Nebraska law prohibiting the teaching of foreign languages to school children before high school violated the Due Process clause of the Fourteenth Amendment. This case is 14th on the list of most frequently cited U.S. Supreme Court cases. Robert [...] Posted on August 2, 2009 at 09:57 am by rhapsodyinbooks
Jul 24
July 24, 1914 – Birthday of Kenneth Bancroft Clark, and The Black Doll Study

Kenneth Clark was a psychologist, educator, and social reformer who dedicated his life to the cause of racial justice. At Howard University, he led demonstrations against segregation in Washington, D.C. He also met his future wife, fellow psychology student Mamie Phipps, who became his key collaborator. They moved to New York to attend Columbia [...] Posted on July 24, 2009 at 10:39 am by rhapsodyinbooks

Rank This Week: 2914

News About Dallas Appellate...

News About Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro

Jul 30
Networking the Wrong Way

Chad Ruback will be presenting a Dallas Association of Young Lawyers networking seminar on August 19th. Posted on July 30, 2009 at 07:36 pm by Chad Ruback
Jul 21
Dallas Court of Appeals holdings

Chad Ruback is going to start posting summaries of the most notable holdings of the Dallas Court of Appeals. Posted on July 21, 2009 at 09:30 pm by Chad Ruback
Jul 21
Texas Lawyer interview

Chad Ruback was interviewed on-camera (regarding the Sotomayor confirmation hearings, among other things). Posted on July 21, 2009 at 06:08 pm by Chad Ruback

Rank This Week: 3178

California Supreme Court Law Blog

Covers current and historical California Supreme Court decisions. By Abel Law Offices.

http://www.californiasupremecourtlaw.com/

Jul 14
Gunfire, Robberies, Rapes, and Assaults Are Not Enough To Get You To A Jury - When The California Supreme Court Went Whacky

Sometimes the California Supreme Court goes a little whacky like it did in Saelzler v. Advanced Group 400 (2001) 25 Cal 4th 763. In this case, while Ms. Saelzler, a FedEx employee, was trying to deliver a package during the day to a residential apartment complex, she was brutally sexually assaulted by three men who were never caught. Ms. Saelzler filed a lawsuit for damages against the owners of the complex alleging that the owner's failed to provide security to protect against foreseeable... Posted on July 14, 2009 at 05:03 pm by Bruce Abel
Jul 6
Faulty Staircase And Callous Insurance Company Combine To Make New California Insurance Law

Our judicial decisions often arise out of interesting facts. And, that is the case in Crisci v. Security Insurance Company (1967) 66 Cal 2d 425 which changed California Insurance law to give insureds the protection they pay for with liability insurance. Ah, the holding of the case- not yet. Let's review the facts first. They happen to be interesting and ones that cried out for change and justice. June Dimare and her husband were tenants living in an apartment building owned by Rosina Crisci,... Posted on July 6, 2009 at 03:51 pm by Bruce Abel
Jun 26
It Ain't All-Or-Nothing Anymore - The Advent of Comparative Negligence in California

Up until 1975, California had followed the legal doctrine that if a person was at all at fault for an accident, that person was barred from any recovery under the doctrine known as contributory negligence. That meant that if a person was injured in an automobile accident but was 1% at fault, that person could not recover anything whatsoever. Truly contributory negligence barring any recovery was an unjust legal doctrine that lead to harsh results. In a bold and brilliant decision, the... Posted on June 26, 2009 at 02:02 pm by Bruce Abel

Rank This Week: 3213

The Florida Appellate Blog

Covers state and federal court appeals in Florida. By Lonn Weissblum.

http://www.floridaappellateblog.com/

Jan 21
Supportive Relationship Under Section 61.14 Requires Reduction or Termination of Alimony

Today, in French v. French, No. 4D06-3860 (Fla. 4th DCA Jan. 21, 2009), the Fourth DCA agreed that the former wife was in a supportive relationship and remanded the case for the trial court to consider either a reduction or... Posted on January 21, 2009 at 01:18 pm by Lonn Weissblum
Jan 19
RSS Feed Address Change

For those of you who subscribe to The Florida Appellate Blog via RSS feed, there has been a slight change in the feed address. The new address is: http://feeds2.feedburner.com/TheFloridaAppellateBlog. Please change the address in your feed reader. For a short... Posted on January 19, 2009 at 06:17 am by Lonn Weissblum
Jan 16
Real Estate Licenses and Suspensions

The downturn in the economy has resulted in an increase of appeals to the Florida District Courts of Appeal from license suspensions imposed by the Florida Department of Business and Professional Regulation ("DBPR"). In some cases, the suspension imposed by... Posted on January 16, 2009 at 12:20 pm by Lonn Weissblum

Rank This Week: 3374

Bench Conference

US Judiciary, US Supreme Court and constitutional law coverage from the Washington Post's Andrew Cohen.

http://blog.washingtonpost.com/benchconference/

Jan 30
Goodbye to All That

Alas, my friends, the time has come. After nearly two years of tumult (broken occasionally by brief periods of boredom), Bench Conference will end today with this post. It has been a fascinating experience, and I am truly grateful for the opportunity. As I mentioned in my very first post, when I was in college I corresponded briefly with Art Buchwald and told my mom that I would one day write for The Post. And I hope to do so again. In the meantime, I want to thank so many of you -- even you,... Posted on January 30, 2008 at 04:00 am
Jan 22
Jose Padilla Finally Catches a Break

Jose Padilla, the once-upon-a-time-but-not-really "dirty bomb" suspect, was sentenced today in federal court in Miami to 17 years and four months for his role in a terror conspiracy that barely got off the ground. The sentence is shorter by far than the 30-years-to-life sentence recommended under the federal sentencing guidelines. Why the break for the guy introduced to us in 2002 as the face of terror? Easy: U.S. District Court Judge Marcia G. Cooke, a Bush appointee, was never convinced that... Posted on January 22, 2008 at 10:00 am
Jan 18
Don't Cry for John Yoo

Former Justice Department official John Yoo, author of our nation's most ill-conceived and damaging terror-law policies, wants your sympathy. He's being sued in civil court by former "dirty bomb" suspect Jose Padilla, who alleges that Yoo was behind his designation as an "enemy combatant" and the torture he endured while in military custody. The suit, Yoo wrote Wednesday in a touchy-feely op-ed in the Philadelphia Inquirer, is an example of how terrorists use law to wage war on Americans. "They... Posted on January 18, 2008 at 11:52 am