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16 Jan 2009, 3:35 am
  Two years ago in State v. [read post]
13 Jan 2009, 11:30 am by Paul M. Rashkind
Where a state court grants a criminal defendant the right to file an out-of-time direct appeal during state collateral review, but before the defendant has first sought federal habeas relief, his judgment is not "final" for purposes of §2244(d)(1)(A) until the conclusion of the out-of-time direct appeal, or the expiration of the time for seeking certiorari review of that appeal. [read post]
21 Dec 2008, 7:00 am
See Richeson v Javitch, Block and Rathbone, 576 F. [read post]
13 Dec 2008, 12:13 am
The United States as intervenor and amicus supports the position of the Holy See with respect to the Holy See's status as a foreign state and the constitutionality of the FSIA. [read post]
5 Dec 2008, 3:00 pm
(The Prior Art) Ways to avoid a USPTO ethics investigation (IP Updates)   US Patents – Decisions CAFC: Qualcomm penalised for failure to disclose patents to standard setting organisation and for litigation misconduct in failing to produce evidence: Qualcomm Inc v Broadcom Corp (IP Law Observer) (Patently-O) (Promote the Progress) (Law360) (Patent Prospector) (Hal Wegner) (PLI) CAFC upholds judgment enjoining inventor from asserting patent against Unitronics or its… [read post]
2 Dec 2008, 1:58 am
(For the exact definition of a machine gun see NY PL § 265.00(1)) Recently in District of Columbia v. [read post]
1 Dec 2008, 9:18 pm
Garcia, the statute of limitations apply with equal force to section 1983 method-of-execution action; 2) the limitations period begins to accrue on the date direct review of a plaintiff's conviction and sentence is complete; 3) the district court correctly found that the statute of limitations has run for each of the three remaining plaintiffs; and 4) there was no reason to hold that the statute of limitations has been tolled. [read post]
1 Dec 2008, 9:23 am
Judge Newman, in a 2-1 decision in Abbott v. [read post]
17 Nov 2008, 6:39 pm
Buie, No. 070258 Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a… [read post]
13 Nov 2008, 3:45 pm
Cathel, No. 06-4028 Dismissal as untimely of a petition for habeas relief is vacated where petitioner was entitled to equitable tolling of the limitations period for filing his petition after the district court sua sponte dismissed his original petition for failure to exhaust state-court remedies. [read post]