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In a capital habeas matter, the denial of petitioner’s petition is reversed where petitioner was denied constitutionally effective assistance of counsel at sentencing because counsel failed to: 1) secure the appointment of a mental health expert; 2) timely move for neurological and neuropsychological testing; and 3) present additional mitigation witnesses and evidence. Read Jones v. Ryan, No. 07-99000 Appellate Information Argued June 11, 2009 Submitted July 6, 2009 Judges Opinion by Judge Thomas...

Don’t bet all your money on a ground-shaking, tradition-breaking ruling in the Supreme Court’s ‘one person, one vote’ cases. Caution ruled the day at Tuesday’s oral arguments, as the Supreme Court debated just how best to ensure equal representation in voting districts. And few of the justices seemed eager to make drastic changes to the districting status quo. Here are the highlights. The Supreme Court heard arguments in two cases challenging state voting districts on Tuesday....

Tomorrow, the Senate Judiciary committee will hold a hearing on pending nominees, allowing for some much needed movement after two months without a hearing. That won’t mean much for the Third Circuit, however. Even after six months, the Senate is still stalling on President Obama’s nomination of Luis Felipe Restrepo for the Third Circuit. When Restrepo was nominated last November, he was one of a cohort of seven nominees to federal judgeships....

In a petition for review of the Benefits Review Board’s determination that petitioner was not entitled to disability benefits under the Longshore and Harbor Worker’s Compensation Act, the petition is denied where psychological injuries that result from legitimate personnel actions are not compensable under the Act. Read Pedroza v. Benefits Rev. Bd., No. 05-75449 Appellate Information Argued and Submitted October 23, 2008 Filed October 1, 2009 Judges Opinion by Judge Collins...

Civil rights suit against police and city for death of arrestee Sallenger v. City of Springfield, 08-3769, concerned an estate’s civil rights suit against police officers and a city for causing plaintiff’s death during his arrest, claiming that the officers inadequately responded to the plaintiff’s medical needs during the course of the arrest and that the city failed to train the officers in how to use hobbles (a cord that is looped around a suspect’s lower legs and then connected to a strap that is attached to handcuffs)....

In the biblical battle between good and evil, Satan doesn’t have an advocate. The devil speaks for himself. In The Satanic Temple v. Parson, however, the Satanists needed counsel. They lost their challenge to Missouri’s abortion laws last year, and lost again this year. This time, they are appealing to the U.S. Eighth Circuit Court of Appeals with a new argument. They are not asking for mercy; they just don’t want religion to play a part in the law....

The leading contender for President Obama’s nomination to SCOTUS is none other than 9th Circuit Judge Paul J. Watford. However, if the past is any indication, Watford’s candidacy will be the source of much resistance. If Judge Watford occupies Justice Scalia’s vacancy, he would be the third African-American Justice in the Court’s history. But he isn’t the only contender on President Obama’s increasingly short list of candidates. The nomination of a candidate to replace Justice Scalia has taken center stage in what is becoming yet another ugly Capitol Hill conflict....

The US Supreme Court ushered in a new term yesterday morning with a bevy of polarizing social issues: the death penalty, affirmative action, and contraception. The Court’s docket this year is already furnished with two cases of particular significance regarding capital punishment. The Court will answer this question: is a jury the correct body for recommending capital punishment? In the case of the Hurst v. Florida, the legal issue the Court must settle is whether Florida’s death sentencing scheme, which allows juries to recommend capital punishment by simple majority vote, is constitutional or not....

Your online reputation can be one of your most valuable assets. A significant amount of time and money is spent to ensure that prospective clients have a positive first impression. However, the internet is a fickle mistress and a single unhappy client can undo all your hard work. What should you do when someone is tarnishing your reputation? Should you sue? Fall From Grace That was the answer for one attorney according to a recent article by the ABA Journal....

The Supreme Court agreed to hear a challenge to President Obama’s executive actions on immigration on Tuesday. The case involves a challenge by 26 states, led by Texas, to the President’s plans to halt deportations for millions of immigrants, including the undocumented parents of U.S. citizens. In granting cert to United States v. Texas, the Supreme Court also ensured that it will play a major role in the debate over immigration in America....

A recent Oklahoma Supreme Court decision may spell trouble for thousands of opioid lawsuits across the country. In 2019, Oklahoma’s attorney general sued three opioid distributors for their role in cultivating the opioid crisis. The state sought to recover under the theory that these manufacturers violated the state’s public nuisance laws in creating a public health hazard. The jury agreed with the state and held one defendant, Johnson & Johnson, liable in the amount of $465 million (the two other defendants settled before trial)....

Defendant’s sentence for illegal reentry into the US based on prior conviction for aggravated battery affirmed US v. Aviles-Solarzano, 09-3992, concerned a challenge to the district court’s imposition of a 70-month sentence based on defendant’s prior conviction for aggravated battery in a prosecution of defendant for reentering the United States after having been removed as an illegal alien. In affirming, the court held that the district court did not err in relying on a summary of the indictment in a presentence investigation report, because the defendant’s lawyer did not question the accuracy of the summary in the report and the judge could reasonably assume that the defendant’s lawyer was satisfied that the summary was accurate....

Child Pornography Conviction Affirmed In US v. Foster, No. 10-1122, the court affirmed defendant’s conviction for possessing child pornography, holding that 1) the case against defendant was so overwhelming that there was not the remotest chance that he would not have been convicted had the evidence that he complained about not been admitted; and 2) the district court correctly concluded that defendant’s new trial motion was untimely and did not abuse its discretion by finding no excusable neglect for the delay....

Americans often put signs in their yards, but many don’t understand how the First Amendment protects their right to do it. According to a survey, one third of Americans cannot name a single freedom guaranteed by the First Amendment. Another third of them can name only one. It’s ironic, isn’t it, that the people who have more free speech rights than most in the world also don’t know what they are?...

One of the more curious parts of the Supreme Court is that the venom and vitriol that can sneak into Supreme Court opinions often belies the close friendships between the Justices. Indeed, some of the most ideologically opposed Justices maintain the closest connection. We’re talking, of course, about Nino Scalia and Ruth Bader Ginsburg. The friendship between the two, forged through their conflicts on the bench is, well, almost operatic. Now it is literally operatic, memorialized by composer and law school grad Derrick Wang in the one act opera “Scalia/Ginsburg....

If all the annoying commercials haven’t made it clear yet, tax season is here, and there is no getting around it. Tax-preparation services have done a good job making you feel like you need to use them, so they can take the burden off of your shoulders. While this is true, there is some work that you still need to do to make sure your filing is accurate (and you save some money)....

Ladies and Gentlemen, we have arrived at the latest Prop 8 destination. And here it is: The petitioners, also known as the proponents of California’s Proposition 8, which amended the California Constitution to define marriage as “the union of a man and a woman,” argue that the Equal Protection Clause does not prohibit the State of California from employing such a definition. The respondents, same-sex couples that wish to marry, ask whether California, having previously recognized same-sex marriage, can withdraw that right through a referendum in light of the Supreme Court’s holding in Romer v....

But you’d probably be forgiven for partaking anyway – streaming services haven’t exactly cracked down on password sharing and the Supreme Court ducked the issue two years ago. But be warned: Disney, who will soon roll out a streaming package that includes Hulu and ESPN+, just announced “an important collaborative effort to address the significant issue of piracy mitigation.” And yes, that applies to you, pirate. Doing the Crime As an initial matter, sharing passwords is a federal crime....

The Ninth Circuit Court of Appeals enjoined enforcement of provisions of Arizona House Bill 2036, which restricts abortions from 20 weeks gestational age, in August. Though the court halted the bill 12 hours before it was due to take effect, the court agreed to fast-track briefing and argument in the appeals process. In an answering brief submitted this week, Maricopa County Attorney Bill Montgomery argued that the Ninth Circuit should uphold the law because there is no constitutional right to abortions on demand, the Arizona Daily Star reports....

Advance Sign had deals with foodservice customers. Optec had electronic signs. Advance agreed to sell Optec signs exclusively and Optec agreed not to sell directly to Advance’s foodservice customers. Simple enough, right? After a pilot program with Sonic Restaurants showed increased sales, Optec negotiated directly with Sonic to sell signs, cutting Advance out of the deal. After lengthy negotiations, the parties agreed to a 12 percent commission on all sales resulting from the Advance-Optec relationship, including Sonic....