In habeas proceedings of a defendant convicted of first degree murder when he was fifteen years old and sentenced to a forty-year term of imprisonment, state’s motion for a stay of release is granted as it is not likely that district court’s grant of habeas relief will be affirmed as traditional factors for a stay overcome the petitioner’s presumption in favor of release. Read Etherly v. Schwartz, No. 09-3535 Appellate Information...
In Federal Treasury Enterprise Sojuzplodoimport v. Spirits Int’l. N.V., No. 06-3532, an action for trademark infringement by an entity created by the Russian government and purportedly granted rights by the government to manage the trademarks to Stolichnaya Vodka, the court reversed the dismissal of the complaint where plaintiff was not barred from challenging the validity of the assignment of the trademarks at issue in federal court on the ground that those trademarks were “incontestable” pursuant to 15 U....
In a debtor’s appeal from the bankruptcy court’s order limiting the homestead exemption in his bankruptcy petition, the order is affirmed in part where there was no pre-petition appreciation of the property at issue; but reversed in part, where perfection of a homestead exemption does not constitute acquisition of a property interest for purposes of 11 U.S.C. section 522(p)(1), and thus the debtor’s homestead was not subject to the $125,000 cap contained in section 522(p)....
We’ve all seen folks asking for money on the side of the road, or sidewalk, and many people often wonder whether it’s even legal to do so. Generally speaking, begging for change, or panhandling, is covered under the First Amendment. However, that doesn’t mean that people can panhandle wherever, or however, they please, or that passersby have to fork over their spare change. Just like speech and other expressive conduct, the First Amendment does put limits on panhandling....
Anti-Injunction Act Decision In Montana v. BNSF Rwy. Co., No. 08-35667, defendant’s appeal from the denial of its motion in federal court to enjoin a Montana state court action alleging contamination of private property and seeking, among other remedies, “investigation and restoration of real property,” the court affirmed the district court’s denial of defendant’s motion to enjoin the state action, holding that no exception to the Anti-Injunction Act, 28 U.S.C. section 2283, applied to a Montana state court proceeding stemming from facts related to an earlier federal proceeding, but involving distinct parties and claims....
There’s a David and Goliath battle heading to the Supreme Court. One that pits a lil’ ol’ farmer against a megaseed manufacturer. On Tuesday, February 19, the Court will consider whether patent exhaustion applies to self-replicating technologies, like seeds. Admittedly, we know nothing about farming, but the IP-infringement judgment at stake in this case suggests that the Supreme Court’s decision could add up to millions for Monsanto. Genetically modified seeds are big business for Monsanto, which invented and developed technology for genetically modified Roundup Ready soybeans that exhibit resistance to glyphosate based herbicides, such as Monsanto’s Roundup product....
Richard Posner, the Seventh Circuit judge and relative legal celebrity, has been on a bit of rampage lately. This summer, he decried law professors as “refugees from other disciplines,” said the posthumous tributes to the Justice Scalia were “absurd,” and topped off his rant by declaring that there was no “value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution”. Now he’s back at it, just a few months later....
The Supreme Court adopted the rule used by many federal circuits regarding the window for appeals in bankruptcy cases this week, affirming a decision by the 6th Circuit. Ordinarily, federal courts only hear appeals from “final decisions,” where the case has been resolved. However, that doesn’t make much sense for bankruptcy court. Bankruptcy proceedings centralize all matters relating to a debtor in one place, and the court is expected to resolve numerous individual controversies as the matter moves along....
Gavin Grimm probably won’t be able to use the boys’ bathroom when he returns to school this fall. Grimm, a transgender high school student who was born female but identifies as a man, had sued for the right to use the men’s bathroom. About a month ago, a federal district court issued a preliminary injunction against the Gloucester County School Board, in rural Virginia, ordering it to do just that: allow Grimm to use the bathroom that matched his gender identity....
In Labor Secretary’s enforcement action under the Labor Management Reporting and Disclosure Act, 29 U.S.C. section 401, against Local 234 of the Transit Workers Union, district court’s dismissal of the complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) because a union member’s post-election protest was a valid exercise of an available remedy, his subsequent administrative complaint to the Secretary was timely; and 2) Secretary’s LMRDA enforcement action based on that administrative complaint is judicially sound....
In an action under the Telecommunications Act of 1996 claiming that defendant-city improperly denied plaintiff permission to construct two wireless telecommunications facilities in the city’s public rights of way, summary judgment for plaintiff is reversed where the city’s denial was supported by substantial evidence, and disputed issues of material fact precluded a finding that the decision amounted to a prohibition on the provision of wireless service. Read Sprint PCS Assets, L....
Summer days are sliding past all too quickly, helped along by the variety of fun warm-weather activities available for families to enjoy. Some of the best fun often has a hint of a dangerous thrill to it, from rope swings to tubing at the lake to roller coasters. But if you or your child is injured while enjoying a theme park, pool, or friend’s cabin, will someone else cover the medical costs?...
It’s funny what we consider a victory in court. So many times, victory isn’t a decision on the ultimate issue, it’s a procedural step that enables or delays an action. Take, for example, last week’s Tenth Circuit Court of Appeals decision in Diné Citizens Against Ruining our Environment v. Klein, a case dealing with a mining permit. The Tenth Circuit ruled last week that it did not have jurisdiction to consider an issue that a district court remanded to a federal agency....
Last week was a busy week at FindLaw. In honor of the Supreme Court’s new term, it was Supreme Court week, where we previewed the most significant cases docketed for the upcoming term. Last term, the docket had same-sex marriage, affirmative action and voting rights. This term is shaping up to be equally important, with religion, speech, affirmative action, campaign finance restrictions, intellectual property disputes, and major labor law cases on the docket, and that doesn’t even touch the bevy of criminal cases....
Netflix just bought the global streaming rights to Seinfeld for $500 million, proving that there is value in re-runs. That’s not necessarily the case for the Federal Communications Commission, however, for whom the fourth time wasn’t the charm for updating certain rules regarding ownership of broadcast stations. The FCC’s position under Ajit Pai is that the promulgation of internet companies has rendered existing rules opposing the consolidation of radio and broadcasting stations obsolete....
In habeas proceedings arising from petitioner’s capital murder conviction, district court’s denial of relief is affirmed in part and reversed in part and remanded where: 1) district court’s denial of defendant’s Rule 60(b) motion is reversed and remanded with instructions for the district court to first rule on the merits of defendant’s remaining ineffective assistance claims, while only addressing the incompetency question if it rejects the ineffective assistance claims on the merits; 2) the case is remanded to conduct defendant’s incompetency hearing and decide the merits of his incompetency claim de novo because the Tennessee courts unreasonably applied federal law clearly established by Ford v....
Defendant’s sexual assault conviction is affirmed in part where: 1) the district court clearly and promptly admonished the jury to disregard that part of an expert’s testimony that could be construed as having invaded the province of the jury; and 2) there was no hearsay issue because the district court did not allow the witnesses to repeat the content of what the victim had said. However, defendant’s conviction is reversed in part where insufficient evidence existed as to the victim’s age at the time of the offense conduct....
Conviction for firearms possession is affirmed where: 1) the evidence was sufficient to convict him on the charged offense, and the order of protection against him was valid; 2) the court did not abuse its discretion in allowing a limited amount of evidence regarding the ammunition found in the house for a proper purpose; 3) defendant’s claims of prosecutorial misconduct have no merit; and 4) the court did not err in admitting the torn, initialed, edited and unsigned statement drafted by the detective who interviewed him....
The Wisconsin implementation of the Environmental Protection Agency’s rules involving permits for plant modifications was recently upheld by the Seventh Circuit Court of Appeals, reports the Wisconsin State Bar. The lawsuit was brought by the Natural Resources Defense Council and the Sierra Club. Both groups argued that there would be increased air pollution under the current implementation of the EPA’s rules by the State of Wisconsin. In 2002, the Environmental Protection Agency changed its regulations on permits, particularly in regards to determining when permits would be required when modifying existing facilities that emitted waste....
Let’s say you were just locked in the back of a squad car for 30 minutes while your home was searched in connection with a murder investigation. An officer says, “Hey buddy. Care to go to the station to voluntarily answer some questions? You aren’t under arrest. You can totally refuse. You just can’t go home yet because we’re still digging through your stuff.” (Paraphrasing, obviously). And it’s midnight. And you are a young lady in Fresno....
