Posts tagged with: "supreme+court"
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19 Mar 2013, 9:55 am
Reuters on March 18, 2013 released the following:
“By Lawrence Hurley
(Reuters) – The Supreme Court agreed on Monday to consider in what circumstances the assets of a defendant can be frozen before trial.
The question before the high court is whether prosecutors can prevent defendants from using their assets to pay for a lawyer without a hearing on the issue.
The case concerns Kerri Kaley, a sales representative for a subsidiary of Johnson & Johnson Inc, who was indicted by federal… [read post]
14 Jun 2012, 5:15 am
Back in February, I wrote about a growing division among district courts over the applicability of Iqbal/Twombly’s heightened pleading standard to the pleading of affirmative defenses. As anyone who has filed a 12(b)(6) motion knows, the Supreme Court issued a pair of decisions—Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009)—that require plaintiffs to (1) state each claim using short and plain sentences (Fed. R. Civ. P.... [read post]
17 May 2012, 5:00 am
The U.S. Supreme Court has blocked the Montana Supreme Court’s decision: American Tradition Partnership, Inc., fka, Western Tradition Partnership, Inc., et al., Applicants v. Steve Bullock, Attorney General of Montana, et al. by upholding the state’s century-old ban on corporate political spending. A Huffington Post blog entry said that the stay granted by the US Supreme Court on February 17, 2012 sets up a possible full-blown rematch over the 2010 Citizens United decision that allowed… [read post]
27 Dec 2012, 12:36 pm
Nick Robinson, JD, of the Centre for Policy Research, has posted a working paper entitled The Indian Supreme Court by the Numbers (2012).
Here is the abstract:
This working paper, which uses internal Indian Supreme Court data provided by the Court itself, examines the Indian Supreme Court’s docket in detail from 1993 to 2011. It also occasionally draws on available data to describe the workings of the Court before 1993. The paper points out how deficiencies in the way data is currently… [read post]
10 Jan 2011, 11:47 am
The Honorable Karen Baker and the Honorable Courtney Hudson Henry will be sworn in as Associate Justices of the Arkansas Supreme Court today at 3:00 p.m. in the Arkansas Supreme Court courtroom in Little Rock. The ceremony will be streamed live online.
Judge Karen Baker formerly served as the Court of Appeals Judge for District 2, Position 2. She was elected to the Arkansas Supreme Court in a runoff election on November 2, 2010, where she received 60% of the votes to overtake her… [read post]
4 Jan 2011, 5:15 am
No, I don’t mean what make a Mississippi divorce attractive. I don’t think there is anything that can make a divorce attractive. I mean asking a higher court to review the judge’s decision in your Mississippi divorce.
In Mississippi, divorces are granted by the chancery courts. All appeals from the chancery courts go to the Mississippi Supreme Court. That court then determines whether to keep the case or assign it to the Mississippi Court of Appeals.
What Can Be Appealed?
Not every order from… [read post]
9 Oct 2009, 4:18 pm
This is my first foray into the world of blogging! Go me! I'm going to try to address this blog toward developments, issues, and oddities of matrimonial and family law in the State of New York. It's an ever changing field, sometimes on a daily basis. Now you may be asking, "who the heck are you and why are you blogging about New York matrimonial and family law… and what exactly is matrimonial and family law?" Those are good questions! I am Chuck Messina, father of 2, husband of 1, mediocre hockey… [read post]
23 Apr 2012, 8:57 am
The Associated Press on April 23, 2012 released the following: "WASHINGTON (AP) - The Supreme Court has turned away an appeal from a former Merrill Lynch executive who was convicted on perjury and obstruction charges that stemmed from a bogus 1999 deal involving Enron. The justices did not comment Monday in leaving in place a federal appeals court ruling that upheld the conviction of James A. Brown. He argued that federal prosecutors improperly withheld favorable evidence in his case. The charges… [read post]
25 Jun 2011, 3:24 pm
On Thursday, the US Supreme Court released its second decision in the long-runing battle between the estate of Vickie Lynn Marshall (aka Anna Nicole Smith) and her erstwhile son-in-law, Pierce Marshall.
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The 63-page slip opinion, available here, illustrates how the result of a high-profile celebrity bankruptcy can ultimately turn on arcane, esoteric matters of jurisdiction – and how such esoterica can be potentially ground-shifting for the US Bankruptcy Court system which… [read post]
30 Jun 2011, 1:35 pm
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John Ashcroft was sued by Abdullah al-Kidd because in 2003 Mr. al-Kidd was held on a material witness warrant (authorized by Ashcroft) in a case against Sami Omar al-Hussayen. Mr. al-Kidd was in jail for 16 days and then supervised release for 14 months until the case against al-Hussayen was resolved (without Mr. al-Kidd being called as a witness). The complaint alleged that Ashcroft was using the material witness warrant to detain individuals that were suspected of some… [read post]
6 Jun 2011, 10:31 am
Big news for the technology transfer world…. earlier today, the Supreme Court issued it's decision in Stanford v. Roche. The issue in the case was, in the context of federally funded research, the ownership of the invention first arises with the federal contractor (i.e., Stanford) or with the inventor under the Bayh-Dole Act 35 U.S.C. §§ 200-212 and whether the inventor can interfere with that right by assigning the invention to a third party. Gene Quinn, of IPWatchdog and Practice Center… [read post]
Wins For the Little Guys in United States Supreme Court, Eleventh Circuit, and Florida Supreme Court
10 Apr 2013, 5:40 pm
The stars must be aligned just right, because for the first time in a long time, the US Supreme Court, Eleventh Circuit, and Florida Supreme Court all recently issued opinions favorable to criminal defendants. It’s like a hat trick for criminal defense and criminal appeals lawyers!
In Millbroook v. United States, 11-10362, Millbrook, a federal prisoner in the custody of the Bureau of Prisons, filed an action against the United States after he was sexually assaulted and verbally… [read post]
Is Florida’s Death Penalty Unconstitutional? The Court says YES in Evans v. McNeil, 08-14402-CIV-JEM
23 Jun 2011, 11:16 am
A United States District Court Judge for the Southern District of Florida, Judge Jose Martinez, recently granted a 2254 petition for writ of habeas corpus in Evans v. McNeil, 08-14402-CIV-JEM, concluding that Florida’s death penalty procedure violates the United States Supreme Court case of Ring v. Arizona. In Ring, the Court struck down Arizona’s death penalty scheme because jurors were not required to agree on aggravating factors, which violated the Sixth Amendment. In Florida, the death… [read post]
12 Aug 2011, 7:25 am
Brian and Kerry Ann Howes, from Bo’ness, near Falkirk, are said to have sold legal chemicals which were then used to make illegal drugs in the US.
The pair maintain they ran a legitimate business.
The Court of Criminal Appeal in Edinburgh granted them leave to take their human rights challenge to London.
Defence counsel Chris Shead, for Mrs Howes, told Lord Mackay, sitting with Lord Bonomy and Lord Osborne, that an English case involving parents facing extradition had already been referred to the… [read post]
18 Nov 2010, 8:36 pm
In a 4-2 vote, New Jersey's Supreme Court in The Committee to Recall Robert Menendez v. Nina Wells (A-86-09) held that a tea-party group can't continue with its effort to recall U.S. Sen. Robert Menendez. The group, amongst Menendez's critics, argued that the states have the power to regulate recall efforts because the U.S. Constitution is silent on the issue. Specifically, the tea party group maintained that an amendment to New Jersey's state constitution later implemented by statute provides for… [read post]
7 Jan 2011, 4:19 pm
Instead of a trilogy of class action decisions by the U.S. Supreme Court this term, it looks like there will be a “quadrilogy“!
For the fourth time in the October 2010 Term, the Court has granted certiorari in a class action-related case. Today, the Court granted cert in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. The appeal raises issues regarding the burden of proof for class certification in a securities fraud case when the plaintiff intends to prove causation and… [read post]
21 Mar 2012, 11:01 am
The Associated Press on March 21, 2012 released the following: "Court: Lawyers must do good job on plea bargains By JESSE J. HOLLAND Associated Press WASHINGTON (AP) - A divided Supreme Court on Wednesday laid out new standards for criminal plea bargains, saying defense lawyers must do a competent job advising and informing their clients of prosecutors' offers of less prison time for convictions and guilty pleas. Justice Antonin Scalia, in a rare move, dissented aloud from the bench, calling the… [read post]
25 Aug 2011, 5:23 am
The U. S. Supreme Court will hear oral arguments in U.S .v. Jones (Docket No. 10-1259) on Tuesday, November 8th. The facts of the Jones case were first presented in the DC District Court in 2006 and then in the D.C. Circuit Court of Appeals in 2010.
The U.S. District Court of D. C. summarized the Jones case this way in their Memorandum Opinion and Order dated August 1,2011 (2011 WL 3332856):
Antoine Jones the defendant in the above referenced case was found guilty of a conspiracy to distribute… [read post]
24 Sep 2008, 2:08 pm
In an important decision that provides guidelines for retiring judges seeking future employment in the legal profession, on September 24, 2008 the New Jersey Supreme Court ordered that a new trial must be conducted because of the appearance of impropriety created by a then soon-to-be retiring Chancery Court trial judge who, before the case had been concluded, began negotiating employment with an attorney appearing before him whose firm represented one of the litigants in the same case. DeNike v.… [read post]
13 Oct 2012, 5:54 am
The Tennessee Supreme Court recently denied an appeal by a man from Knoxville attempting to have his felony murder conviction overturned. The man, Travis Kinte Echols, had been sentenced to life in prison and appealed claiming that there had been a number of errors during his trial. Echols claimed that the trial court failed to suppress a statement the defendant made to the police which he said was the product of an unlawful arrest. Echols appealed his case to the Tennessee Court of Criminal Appeals… [read post]