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In this summary order, the Circuit vacates a district court judgment that summarily denied a 28 U.S.C. § 2255 motion, alleging that ineffective assistance counsel caused the petitioner to forego a direct appeal. Kenya Brown v. United States, No. 20-3404-pr (2d Cir. Dec. 6, 2022) (C.J.J.’s Livingston, Nardini, and Menashi) (“Summary Order”).
9 Dec 2022, 1:37 pm by Darrell Fields
But no notice of appeal was filed. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
[Eugene Volokh] "Sexually Tinged Words" to 10-Year-Old Insufficient to Prove Attempt to Sexually Assault / Entice into Car
8 Dec 2022, 2:46 pm by Eugene Volokh
Kolber, Two Views of First Amendment Thought Privacy, 18 U. [read post]
The Volokh Conspiracy - http://www.volokh.com/
In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).
8 Dec 2022, 9:39 am by Darrell Fields
The defendant didn’t, however, appeal the district court’s original decision denying pretrial release. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Patents and U.S. Customs
8 Dec 2022, 7:44 am by Robert Kossick
Court of Appeals for the Federal Circuit. [read post]
China Law Blog - https://harrisbricken.com/chinalawblog/
Courtroom loser Continental keeps distracting Federal Communications Commission from spectrum allocation with off-topic standard-essential patent questions
8 Dec 2022, 1:52 am by Florian Mueller
It gave up a legal battle against the Avanci automotive patent pool and some of its key licensors after the United States Courts of Appeal for the Fifth Circuit affirmed the district court's decision to throw out the case. [read post]
FOSS Patents - http://www.fosspatents.com
Seventh Circuit Holds Insurer Had No Duty to Defend or Indemnify Fireworks Distributor Following Fourth of July Fireworks Explosions That Injured Two Volunteers
5 Dec 2022, 12:29 pm by Kevin Major
., the Seventh Circuit Court of Appeals agreed with the U. [read post]
Property Casualty Focus - http://propertycasualtyfocus.com/
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Court of Appeals Decision
5 Dec 2022, 8:00 am by Todd Presnell
Supreme Court to Address Corporate Attorney-Client Privilege: The Court of Appeals Decision appeared first on Presnell on Privileges. [read post]
Presnell on Privileges - http://www.presnellonprivileges.com
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Court of Appeals Decision
5 Dec 2022, 8:00 am by Todd Presnell
Supreme Court to Address Corporate Attorney-Client Privilege: The Court of Appeals Decision appeared first on Presnell on Privileges. [read post]
Presnell on Privileges - http://presnellonprivileges.com/
Campaign Legal Center v. DOJ — FOIA Postscript to Department of Commerce v. New York (Part III)
4 Dec 2022, 5:20 am by Bernard Bell
U. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Eugene Volokh] Court Holds That Indiana RFRA Provides Religious Exemptions from Abortion Ban
3 Dec 2022, 3:14 pm by Eugene Volokh
[Note that the decision is not inconsistent with the Supreme Court's holding in Dobbs, though it may of course still be overturned on appeal on other grounds.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
Can I Sue A Guardian Ad Litem In Illinois?
3 Dec 2022, 8:21 am by Russell Knight
 Fitzgerald, 457 U. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
Texas’ Solitary Confinement Under Constitutional Scrutiny
2 Dec 2022, 1:06 pm by John Floyd
Hope appealed to the Fifth Circuit Court of Appeals. [read post]
Criminal Jurisdiction - http://www.johntfloyd.com/blog
No Likelihood of Confusion Between “SMOKES & Design” and “SMOK”
2 Dec 2022, 11:28 am by Felicia Boyd (US)
The Board first considered the similarity of Applicant’s “SMOKES & Design” mark: with Opposer’s standard character SMOK mark. [read post]
The Brand Protection Blog - http://www.thebrandprotectionblog.com
No Likelihood of Confusion Between “SMOKES & Design” and “SMOK”
2 Dec 2022, 11:28 am by Felicia Boyd (US)
The Board first considered the similarity of Applicant’s “SMOKES & Design” mark: with Opposer’s standard character SMOK mark. [read post]
The Brand Protection Blog - http://www.thebrandprotectionblog.com/
U.S. Supreme Court grants review of challenge to loan forgiveness
1 Dec 2022, 5:56 pm by Thomas Burke
  Justice Kavanagh—the designated Justice for certain emergency appeals from the Eighth Circuit—referred the Administration’s application to the full Court, which, on its own initiative, converted the application to a petition for writ of certiorari before judgment and granted the petition. [read post]
CFPB Monitor - http://www.cfpbmonitor.com
Comparing Two Small Business Status Protests: Veteran-Owned Small Business CVE Protests and Women-Owned Small Business Status Protests—Different Processes but Similar Results
29 Nov 2022, 2:52 pm by Emily Theriault
Notably, the process for each type of status protest differs markedly—veteran-owned small business CVE status protests are handled at the Small Business Administration (SBA) Office of Hearings and Appeals (OHA), whereas women-owned small business protests start with SBA, followed by an appeal to the SBA OHA. [read post]
Government Contracts Blog - https://www.governmentcontractslawblog.com/
Campaign Legal Center v. DOJ — FOIA Postscript to Department of Commerce v. New York (Part II)
29 Nov 2022, 4:13 am by Bernard Bell
”  S. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
In U.S. v. Texas, broad questions over immigration enforcement and states’ ability to challenge federal policies
28 Nov 2022, 12:43 pm by Amy Howe
Court of Appeals for the 5th Circuit declined to put Tipton’s ruling on hold while the government appealed. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] Slander Suit After "Two Wealthy … Men … Got Into a Fistfight While Trick or Treating with Their Families"
25 Nov 2022, 5:01 am by Eugene Volokh
Gimelstob characterized his plea to the felony battery crime as the "legal system" "[u]nfortunately" "hav[ing] its blind spots," including Marsy's Law allowing "a victim … to say whatever they want. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A tale of Black Friday
24 Nov 2022, 3:13 am by Anastasiia Kyrylenko
Last month, the Higher Regional Court of Berlin confirmed this ruling (5 U 46/21). [read post]
IPKat - http://ipkitten.blogspot.com/