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19 Oct 2016, 1:01 am by rhapsodyinbooks
(AP Photo) King’s attorneys filed an appeal, and intervention by then presidential candidate John Kennedy and his brother Robert Kennedy convinced a judge to grand bond. [read post]
18 Oct 2016, 3:19 pm by Matthew David Brozik
McCollum, decided October 11, 2016, the United States Court of Appeals for the Second Circuit found that the trial court—the U.S. [read post]
18 Oct 2016, 9:01 am by Venkat Balasubramani
The forum status of a public entity’s Facebook page is not a question appeals courts have addressed. [read post]
18 Oct 2016, 4:58 am by Edith Roberts
” At The Wall Street Journal, Jess Bravin reports that “Edwin Meese III and Robert Morgenthau, two law-enforcement legends from different political camps, have joined forces for an unlikely cause: freeing a convicted murderer from Alabama’s death row”; the two both “want the Supreme Court to hear an appeal from William Ernest Kuenzel, who claims that procedural rules have prevented him from introducing new evidence supporting his innocence in a… [read post]
17 Oct 2016, 9:01 pm by Sherry F. Colb
After all, the issue is arguably the fairness of the defendant’s trial, not the particular brand of equally harmful unfairness.Race and Identity as SpecialThe argument that threats to jury impartiality ought to be considered equivalent, regardless of whether they are racial, gendered, or not identity-based at all, is initially quite appealing. [read post]
17 Oct 2016, 9:10 am by Alex Loomis
Daniels, in which a court of military appeals held that one cannot have a fair trial without the ability to bring witnesses, and Gillars v. [read post]
14 Oct 2016, 9:30 pm by Dan Ernst
  Contributors include Judge Robert A. [read post]
14 Oct 2016, 9:12 am by Quinta Jurecic
An irritated Judge Pohl asks Colonel Robert Swann, for the prosecution, to explain the apparently inconsistent variations between the two sets of redactions. [read post]
13 Oct 2016, 12:02 pm by Florian Mueller
Within a few days of each other, the Supreme Court of the United States and the United States Court of Appeals for the Federal Circuit had Apple v. [read post]
13 Oct 2016, 8:17 am by Ronald Mann
Chief Justice John Roberts, for example, suggested on one occasion that Waxman should turn to the merits, commenting that “we’re spending an awful lot of time on an issue about what was raised below, what wasn’t raised below, what was raised below, what wasn’t raised. [read post]
13 Oct 2016, 4:09 am by Edith Roberts
United States, which centers on an appeal of a restitution award. [read post]
12 Oct 2016, 11:42 am by Steve Vladeck
As for the rule, Rashkind returned to the argument in his briefs that subsuming a subsequent restitution award into a prior notice of appeal from a judgment of conviction and sentence is consistent with Rule 4(b)(2) of the Federal Rules of Appellate Procedure, only to run into skeptical questioning from Chief Justice John Roberts. [read post]
12 Oct 2016, 6:41 am by Mary Jane Wilmoth
Monday, the National Whistleblower Center and FBI whistleblowers Fred Whitehurst, Jane Turner, Mike German and Robert Kobus (Amici) filed an amicus curiae brief in a case before the Court of Appeals for the Federal Circuit. [read post]
11 Oct 2016, 2:00 pm by Jon Katz
The Oklahoma Court of Criminal Appeals has recognized that Payne “specifically acknowledged its holding did not affect” Booth’s prohibition on opinions about the crime, the defendant, and the appropriate punishment. [read post]
11 Oct 2016, 3:44 am by Edith Roberts
Advance coverage comes from Adam Liptak at The New York Times, Dave Lee at BBC News and Jeff John Roberts at Fortune. [read post]