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Appeals are often able to correct miscarriages of justice. Sadly, sometimes the appellate court is bound by precedent, and is powerless to do so. Recently, the Ninth Circuit Court of Appeals dealt with one such injustice in the Ellis v. Harrison matter. The defendant in the case, Ezzard Ellis, was represented by a racist attorney at trial. Sometime after Ellis was convicted, he discovered that his attorney was a racist and filed a habeas petition....

When can a police officer’s mistake of law be overlooked in a motion to suppress? Whenever it’s a reasonable mistake, Chief Justice John Roberts explained in an 8-1 decision in Heien v. North Carolina. A county sheriff’s deputy pulled Nicholas Heien over for having one brake light out. This traffic stop for an equipment violation, of course, yielded cocaine (like these cases often do). On appeal, Heien argued that the deputy lacked reasonable suspicion for the stop because the North Carolina statute in question doesn’t require that a car have two working brake lights....

Were you one of those people who loved logic games? I was. But it wasn’t all mind-numbing news – there were notable denials, interesting cross-ideological splits in the Court, and more. Here’s the quick version of the day’s news: No to Oil, No to Tobacco Our Fifth Circuit blog has been kept busy with British Petroleum’s repeat visits, en banc denials, and Supreme Court cert. attempts, and well, that’s probably not going to change any time soon....

It’s easy to make “not-so-friendly skies” jokes these days, with airfare hikes, baggage fees, and over-priced food and drink on board. But some airline behavior is no laughing matter. It certainly wasn’t for Cacilie Hughes who claims United Airlines employee, Carmella Davano, called her a “shining monkey,” and told Hughes to stop looking at her with her “monkey face” when she inquired about a refund after her flight was cancelled. Now she is suing the airline....

Defendants’ sex trafficking convictions and sentences are affirmed where: 1) defendants did not assert their legal innocence in moving to withdraw their guilty pleas; 2) the government would have been prejudiced by the withdrawal of defendants’ pleas; 3) the district court ensured that the pleas were taken knowingly and voluntarily; and 4) the district court did not abuse its discretion in denying one defendant’s request for new counsel. Read US v....

Defendants’ sentences and convictions on various drug and firearm offenses are affirmed where: 1) district court did not improperly enhance defendant Stovall’s sentence, as the plea agreement did not exclude consideration of the murder for enhancement and the government did not violate the plea agreement; 2) district court did not abuse its discretion by granting the government’s motion to sever, as Stovall has not demonstrated how he was prejudiced by the court’s grant of the motion, and even if it was an abuse of discretion, it was harmless error; 3) Stovall has not shown that the district court committed reversible error in applying Rule 32, and thus his claim of inadequate notice of evidence from defendant Clay’s case is unavailing and did not amount to denial of the right to counsel; 4) district court did not abuse its discretion in imposing the sentence, as the application of section 2D1....

District Court OpinionPlaintiffs felt the call of a higher authority to build a year-round Bible camp near a Wisconsin lake. After plaintiffs unsuccessfully petitioned for rezoning, and were denied a conditional use permit, they initiated an action in federal court claiming violations of the Religious Land Use and Institutionalized Persons Act, the Wisconsin Constitution and United States Constitution, among other things. The district court found that the plaintiffs did “not meet their burden of establishing all the elements of proof under any of their claims,” and wondered whether their “lack of success to date is God’s way of telling them … to look elsewhere for a more acceptable location....

Last term’s slate of issues, from voting rights to same-sex marriage, made it one of the most anticipated SCOTUS dockets in recent memory, but the excitement didn’t end in June. From certiorari granted to certiorari requested, this upcoming term could prove to be just as important and exciting. Internet speech, photos of a deceased terrorist, and the collision course between the Fourth Amendment and modern technology are just some of the issues that will keep us debating and discussing constitutional principles through next June....

New Jersey, Pennsylvania and Delaware are keeping practitioners on their toes with a host of legal issues arising from hot news stories. Here’s a roundup of the goings on in the states of the Third Circuit… Giffords’ Advocacy Group Urges Passage of NJ Gun Law Governor Christie signed ten new gun bills into law on Thursday, but Gabbie Giffords’ advocacy group is urging Christie to sign another into law, with a petition of over 3,000 signatures....

A state’s post-conviction reclassification of a crime from a felony to misdemeanor has no bearing on a federal statute’s sentencing guidelines, the Ninth Circuit said recently. Even though a criminal might get relief from his felony status years after the fact by the state, federal sentencing rules will still look to the time of conviction in meting out the proper punishment. Criminal law practitioners would do well to educate their clients on the finer nuances that blend federal and state criminal law....

Grant of Petition for Review of Dismissal of BIA Appeal In Arredondo v. Holder, No. 08-73835, a petition for review of the Board of Immigration Appeals (BIA) dismissal of petitioner’s appeal from an Immigration Judge’s (IJ’s) decision denying cancellation of removal, the court granted the petition where 1) the BIA did not discuss the problem that petitioner’s Idaho conviction was recorded in 1997, more than five years after petitioner entered this country; and 2) the court could not affirm the BIA on a ground upon which it did not rely....

For those lawyers who practice at both the State and Federal Appellate level, here’s some California MCLE for you, to help you better understand the 9th Circuit rules as well as State Appellate Court rules: Pincus Professional Education will be hosting a seminar, State v. Federal Appeals: Winning in Either Venue. This seminar is for mid-level appellate practitioners and is not meant for the entry-level appellate lawyer, as it will draw on the knowledge of the participants....

Last weekend dragged one of last year’s most divisive events, the confirmation of Brett Kavanaugh to the U.S. Supreme Court, back into the spotlight. The New York Times published a passage from an upcoming book on the Kavanaugh confirmation process that appeared to uncover an additional episode of a young Kavanaugh forcing himself on a female Yale University student. That was followed up by a Washington Post report that the FBI had failed to investigate the incident last year, despite a U....

As quickly as internet stars rise, they can fall—thanks to the power of online followers who are quick to spot and spread the news of influencers’ wrongdoing. The latest creator to find himself in hot water is TikTok star Bryce Hall, who has made headlines multiple times for throwing packed house parties in COVID-19-ridden LA, despite warnings from local officials. LA Mayor Eric Garcetti even threatened to cut off utilities and electric to Hall’s “Sway House”— but is this really in his power to do?...

Donald Trump spent the last few weeks touring the country, securing the Republican presidential nomination, and announcing his potential Supreme Court picks. But in court, Trump still faces accusations that his Trump University misled and defrauded students. Now, the methods Trump University used to sell itself to students are likely to get a bit more publicity. On Friday, a judge in the Southern District of California ordered the release of Trump University “playbooks,” internal guides for sales personnel on how to market the now defunct, non-accredited “university....

Drug Conspiracy Sentence Affirmed In Deltoro-Aguilera v. US, No. 08-3783, defendant’s appeal from a denial of his motion to vacate, set aside, or correct his sentence for conspiracy to distribute methamphetamine, the court affirmed the order where defendant did no more than state the conclusion that he would have provided the government with truthful information had his counsel properly advised him, and presented no facts detailing his involvement in the methamphetamine conspiracy....

Drones have become a regular sight (and sound) in many areas and are being used for both commercial and recreational purposes. Unfortunately, drones and unmanned aerial vehicles (UAVs) are also being used for more nefarious activities such as dropping homemade bombs. It is not unusual for new, relatively unregulated technologies to be used to facilitate illegal activities. People are using drones to achieve their illicit goals, but can these individuals face legal charges specifically for their drone usage?...

In an employment discrimination action, district court judgment is affirmed where: 1) plaintiff was not discriminated against and fired because of his gender as the evidence that he accessed inappropriate web sites provided a nondiscriminatory basis for the employer’s action, and plaintiff also failed to show suspicious timing or ambiguous statements; 2) plaintiff’s state law claims were properly dismissed as plaintiff was an at-will employee and defendant’s employee handbook did not change the nature of his employment; and 3) plaintiff’s defamation claim based on the report made by defendant and used during the grievance proceedings fails as statements made by the employer to explain its actions are privileged....

The midterms are over, which means it’s time to get back to work. And President Barack Obama has wasted no to time in getting back to one of his major legacies: shaping the judiciary. On Wednesday, the White House announced two nominees to federal circuit courts of appeals, including one to the Third Circuit. Who’s the new local judge nominee? He’s actually not new at all: It’s Judge Luis Felipe Restrepo, a long-time Philadelphian who began his legal career as a local public defender and, for the last year, has been a federal district court judge....

Last night marked the beginning of Ramadan, Islam’s holy month of fasting, and employers may have to make some reasonable accommodations for Muslim employees. Here’s how to be a good boss where employment law and religious law intersect. Provide Consistent Religious Accommodations Title VII requires employers to provide employees with reasonable accommodations for their religious beliefs, practices, or observances, unless it would pose an “undue hardship” to the business. Because Muslim employees will be fasting for the month of Ramadan, they may request adjustments to their schedule and meal breaks....