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29 Jan 2007, 11:44 am
I previously noted that the result in Briggs and Clay would have been different had they been tried today, due to the R.C.M. 912(f)(4) change designed to compel a different result in United States v. [read post]
17 Sep 2018, 11:07 am
Here, the 9th granted relief for actual bias, as the juror never stated she could put aside her bias and decide impartially. [read post]
27 Oct 2011, 8:18 am
(O’Donnell v. [read post]
23 Jan 2008, 10:51 am
United States v. [read post]
1 Sep 2012, 1:21 pm
’” United States v. [read post]
20 Nov 2008, 8:01 am
Tenth Circuit reinstates conviction after concluding FRE 606(b) exceptions did not apply and Sixth Amendment right to an impartial jury was not violated; Tenth Circuit notes circuit split on whether allegations of juror misconduct on dishonesty during voir dire may be considered, in United States v. [read post]
7 Jun 2016, 5:30 am
United States v. [read post]
7 Jun 2016, 5:30 am
United States v. [read post]
29 Oct 2009, 12:41 pm
As stated by the Appeals Court, NN's main argument against the prior decision is that "unless a statute requires exhaustion, judicial review of agency action under the APA, applicable where no other statutory channel of review is provided, does not require exhaustion unless there is both internal agency review available and the final agency action is rendered inoperative during such review. [read post]
26 Nov 2008, 5:32 am
Applying the maxim "ask, and thou shalt not receive," the district judge in United States v. [read post]
21 Feb 2012, 8:47 pm
Justice O’Connor noted in Grutter v. [read post]
1 Dec 2009, 7:50 am
The United States Supreme Court recently asked the solicitor general for the government's position on the case of Staub v. [read post]
11 Jul 2008, 5:00 pm
Grimes v. [read post]
19 Apr 2022, 7:16 am
Where is confirmation bias when you need it? [read post]
1 Oct 2015, 4:26 pm
The Court has granted certiorari in Williams v. [read post]
6 May 2012, 11:55 am
In an opinion issued last week, Dawkins v. [read post]
5 Dec 2013, 1:39 pm
The arguments The United States contends that, because the statute is ambiguous and the BIA’s interpretation is reasonable, that interpretation is entitled to deference under Chevron U.S.A, Inc. v. [read post]
6 Oct 2016, 8:51 am
In many individual states, the bias is far, far greater. [read post]
17 Nov 2011, 9:06 am
Earlier in his dissent he cites a passage from Tumey v Ohio, in which the Court states: All questions of judicial qualifications may not involve constitutional validity. [read post]
21 Jan 2014, 10:38 am
NGV Gaming, 531 F.3d 767 (9th Cir. 2008), the State could not collaterally attack the BIA’s designation of trust lands years after its administrative and legal remedies had expired. [read post]
