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6 Nov 2014, 10:59 am
A district court and the Ninth Circuit disagreed and granted habeas relief. [read post]
6 Nov 2014, 10:03 am
In Smedley v Smedley, --- F.3d ----, 2014 WL 5647426 (C.A.4 (N.C.)) the Smedleys married in 2000 in Germany, where Mark was stationed as a member of the United States Army. [read post]
5 Nov 2014, 7:31 am
Opsahl is EFF's lead attorney on its cases challenging National Security Letters (NSLs) and recently argued against the NSLs' unconstitutional gag provisions in the United States Court of Appeals for the Ninth Circuit. [read post]
4 Nov 2014, 2:34 pm
(Most other states take the same view.) [read post]
4 Nov 2014, 1:30 pm
New York clearly establishes that a limitation on closing argument is structural error, as the Ninth Circuit held here, or, whether, as many other courts have held, Herring allows the possibility that such a limitation is subject to harmless error review. [read post]
2 Nov 2014, 11:14 am
So stated, it is difficult to imagine that the Supreme Court will not ultimately affirm. [read post]
2 Nov 2014, 8:18 am
Issue(s): Swisher claims “ that his conviction for wearing the medals violated the First Amendment under the reasoning of the Ninth Circuit’s intervening decision in United States v. [read post]
31 Oct 2014, 8:18 am
Court of Appeals for the Ninth Circuit found the definition of an ATDS is not “clear and unambiguous. [read post]
29 Oct 2014, 4:16 pm
Department of Justice, the Ninth Circuit Court of Appeals noted: “The availability and use of secure encryption may…reclaim some portion of the privacy we have lost. [read post]
28 Oct 2014, 1:30 pm
United States ex rel. [read post]
28 Oct 2014, 5:38 am
” She sued the county, was awarded nearly $1 million in a settlement in 2011 and received the money this June when the Ninth Circuit Court of Appeals upheld the ruling. [read post]
24 Oct 2014, 3:05 pm
In footage shot in 2011, the United States Court of Appeals for the Ninth Circuit hears argument in Jewel, and an attorney from the Department of Justice tries to convince a skeptical court that it should simply decide not to decide the case, leaving it to the other branches of government. [read post]
23 Oct 2014, 7:36 pm
” The court traces Puerto Rico path to becoming a “possession” of the United States, observing that the underlying definition of marriage did not change. [read post]
22 Oct 2014, 6:13 am
In that case, the Eleventh Circuit Court of Appeal specifically held it does not. [read post]
19 Oct 2014, 4:10 pm
United States v. [read post]
19 Oct 2014, 5:13 am
After Google's recent--and expected (this blog was first to report that it was coming)--petition to the Supreme Court of the United States for writ of certiorari (i.e., for a review of the Federal Circuit's decision in Oracle's favor, see my refresher Q&A after the appellate decision), I have seen a couple of articles that described the state of affairs and quoted observers on what all of this meant. [read post]
16 Oct 2014, 12:34 pm
” Thus, they filed an original Writ of Mandamus with the United States Court of Appeals for the Ninth Circuit on September 11, 2014, seeking to force the DOT to respond their petition for an immediate ban. [read post]
16 Oct 2014, 12:34 pm
” Thus, they filed an original Writ of Mandamus with the United States Court of Appeals for the Ninth Circuit on September 11, 2014, seeking to force the DOT to respond their petition for an immediate ban. [read post]
16 Oct 2014, 12:34 pm
” Thus, they filed an original Writ of Mandamus with the United States Court of Appeals for the Ninth Circuit on September 11, 2014, seeking to force the DOT to respond their petition for an immediate ban. [read post]
16 Oct 2014, 9:56 am
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Wednesday that an Arizona law that acted to deny bail to individuals in the US illegally and charged with a range of felonies was unconstitutional. [read post]