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On June 12th, the California Court of Appeal, Fourth District, filed its decision in Golden Door Properties LLC v. [read post]
17 Jun 2020, 7:00 am by Andrew Hamm
Courts of Appeals for the 5th, 10th, 11th and District of Columbia Circuits hold. [read post]
16 Jun 2020, 5:43 pm by Howard Friedman
  In the case the U.S. 5th Circuit Court of Appeals vacated a stay of execution that had been granted to a convicted murderer who complained about Texas' exclusion of chaplains from the execution chamber. [read post]
16 Jun 2020, 4:03 pm by Amy Howe
Court of Appeals for the 5th Circuit lifted the stay last Friday, clearing the way for the execution to proceed tonight unless the Supreme Court intervened. [read post]
14 Jun 2020, 6:31 am by Russell Knight
Nicol, 2020 IL App (5th) 190225 – Ill: Appellate Court, 5th Dist. 2020 Under these considerations wherever the children of the parties live will be the most convenient forum as any witness related to the children will undoubtable live or work in that county. [read post]
13 Jun 2020, 11:51 am by Eugene Volokh
… On appeal, the City contends that the district court committed two errors in declaring the Ordinance unconstitutional. [read post]
11 Jun 2020, 11:30 pm by Schachtman
”[5] As discussed previously, the widespread use of the “weight not admissibility” locution, even by the Court of Appeals, does not justify it. [read post]
11 Jun 2020, 7:00 am by Andrew Hamm
Courts of Appeals for the 5th, 6th and 11th Circuits; and (2) whether substantive-reasonableness review under Gall v. [read post]
10 Jun 2020, 8:38 am by John Elwood
Court of Appeals for the 5th Circuit once again refused to compel arbitration. [read post]
4 Jun 2020, 7:00 am by Ronald Collins
Much of the book, though, will appeal to anyone interested in the history of this country or the Supreme Court selection process. [read post]
3 Jun 2020, 8:15 am by John Elwood
Court of Appeals for the 7th Circuit’s meth [read post]
3 Jun 2020, 8:04 am by Steve Vladeck
Court of Appeals for the 5th Circuit held that it could not even issue a certificate of appealability because the statute of limitations had expired—based on its conclusion that the clock ran from when the district court denied Banister’s habeas petition, not its later ruling denying his Rule 59(e) motion. [read post]
28 May 2020, 5:29 am by Schachtman
”[5] This rejection of the clear demands of a statute has infected even the intermediate appellate United States Court of Appeals. [read post]
27 May 2020, 8:29 am by John Elwood
Court of Appeals for the 5th Circuit, resulted in an incorrect analysis of the qualified immunity issue; and (2) whether the 5th Circuit’s determination can be reconciled with other courts’. [read post]
24 May 2020, 6:06 am by Howard Friedman
Five days after a Mississippi federal district court, in an opinion critical of plaintiff's position, refused to rule immediately on an attempt by a Holly Springs church to hold indoor church services (see prior posting), the U.S. 5th Circuit Court of Appeals in First Pentecostal Church of Holly Springs v. [read post]
23 May 2020, 5:38 pm by Eugene Volokh
{Notably, the State does not cite or rely upon the circuit court decision that most directly supports its reading of Jacobson, which is In re Abbott (5th Cir. 2020). [read post]
22 May 2020, 10:00 pm by Robert L. Mues
Another case of severe PAS was presented to the Ohio Court of Appeals Twelfth District in Doerman v. [read post]
22 May 2020, 8:44 pm by Josh Blackman
The district court denied injunctive relief "in an expedited fashion," and the church appealed to the Fifth Circuit. [read post]