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13 Sep 2014, 4:52 pm
“The trial court dismissed petitioner’s request, concluding petitioner had no constitutional right to counsel in his PCR. [read post]
13 Sep 2014, 9:56 am
I have blogged a few times about the pending cert petition on the use of judge-found facts to increase a maximum sentence (here’s the most recent post). [read post]
12 Sep 2014, 8:58 am
One of those long-standing debates has become more animated recently as the Senate considers a constitutional amendment that would empower Congress and the states to regulate even non-partisan political debate without regard for the First Amendment's freedoms of speech, assembly and petition. [read post]
12 Sep 2014, 7:02 am
Because this was a sentencing error, indeed Alleyne remanded for resentencing consistent with the jury verdict, the majority should not have looked at whether the charging and trial errors were harmless and should not have substituted judicial fact-finding for what the constitution required the grand and petit jury to find. [read post]
12 Sep 2014, 6:00 am
The information is general in nature and does not constitute legal advice or any contractual obligations. [read post]
11 Sep 2014, 1:25 pm
D paid $4 for the use of a room and went there with P. [read post]
11 Sep 2014, 10:49 am
The lower court had previously granted Yelp’s motion to strike the plaintiff’s complaint under California’s anti-SLAPP provisions, which aim to curb “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. [read post]
11 Sep 2014, 7:42 am
” That comment, concluded the majority, constituted an unlawful threat to use immigration status against the employees if they supported the union. [read post]
11 Sep 2014, 6:09 am
Each day of violation shall constitute a separate offense. [read post]
10 Sep 2014, 2:04 pm
Of course, they have not held that the Constitution allows it either.2. [read post]
10 Sep 2014, 1:51 pm
The Court has had a significant number of rulings, largely in favor of gay rights in recent years, but it has never said just what constitutional test it is using. [read post]
10 Sep 2014, 9:00 am
Constitution. [read post]
9 Sep 2014, 5:23 pm
I have read that the US Supreme Court grants certiorari in less than one percent of the petitions it gets. [read post]
9 Sep 2014, 2:29 pm
The Indiana petition is here, the couples’ response to that petition is here, and the Wisconsin filing is here. [read post]
9 Sep 2014, 8:03 am
The three men’s new petition to the Supreme Court in the case of Jones v. [read post]
9 Sep 2014, 7:23 am
" (page 7) · "We'll see that the governments of Indiana and Wisconsin have given us no reason to think they have a 'reasonable basis' for forbidding same-sex marriage. [read post]
9 Sep 2014, 6:23 am
" (page 7) · "We’ll see that the governments of Indiana and Wisconsin have given us no reason to think they have a ‘reasonable basis’ for forbidding same-sex marriage. [read post]
9 Sep 2014, 6:07 am
Rev. 731, 745-46 (2013) (discussing the constitutional distinction between speech abou [read post]
8 Sep 2014, 4:56 am
At Crime and Consequences, Kent Scheidegger notes that death row inmate Warren Lee Hill has filed a petition seeking review of the Georgia Supreme Court’s ruling against him in his “challenge to the state law providing confidentiality to the suppliers of the drugs used for lethal injection. [read post]
7 Sep 2014, 2:09 pm
The Court used that standard in 1938 in the case of United States v. [read post]