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The seemingly never-ending justice roller coaster for Brendan Dassey just keeps going and going. After his successful appeal was overturned by the Seventh Circuit Court of Appeals en banc, a petition was filed with SCOTUS to challenge the circuit’s decision. Recently, it was announced that Dassey’s legal team has retained noted litigators who have made several appearances before SCOTUS – though interestingly, the specific attorneys were neither noted nor named. Dassey’s attorney, Steven Drizin, did note though that the High Court has warned that appearing before it without a “seasoned” litigator was akin to malpractice....

The 8th Circuit Court of Appeals breathed a bit of life into our republic on April 19 as it decided in a divided opinion, of course that the Fourth Amendment protection against unreasonable search and seizure is still with us despite the imminent threat of … money? The Eighth Circuit ruled that the traffic stop violated the Fourth because there was no probable cause to pull Martins over. There was no probable cause to pull Martins over for the plate obstruction because, basically, it wasn’t obstructed....

Like many bad habits, procrastination is easy to cultivate and hard to stop. Fortunately, once you understand the source of your procrastination, you can take steps to remove those hindrances and start in on that next task with a clear head and renewed confidence you can get the job done. After you spend some time on FindLaw.com of course. Reading this blog doesn’t count. Are Lawyers Really That Prone to Procrastination?...

In a Bivens action claiming that the Forest Service improperly delayed plaintiff’s efforts to construct radio antennae, dismissal of the complaint is affirmed where the Administrative Procedure Act provided an adequate alternative remedy which foreclosed a remedy under Bivens. Read Western Radio Servs. Co. v. U.S. Forest Serv., No. 08-35186 Appellate Information Argued and Submitted May 7, 2009 Filed August 21, 2009 Judges Opinion by Judge Ikuta Counsel For Appellants:...

Back in May, Arizona joined a host of other states in criminalizing “revenge porn,” defined there as the distribution of a nude depiction of another adult without the other’s consent. Arizona’s law made it a class 5 felony, and a class 4 if the person was recognizable, meaning a sentence of six months to three years depending on the offense. Such laws have been introduced, or enacted, in 28 states. Civil liberties groups, however, contend that, as written, they suffer from some serious constitutional defects....

In an action for indemnification based on the settlement of an underlying suit against plaintiff for violations of the False Claims Act (FCA), judgment on the pleadings for defendant is reversed where: 1) the facts articulated in plaintiff’s complaint were sufficient to state a claim for damages independent of the question of plaintiff’s liability under the FCA; and 2) the district court erred in characterizing the settlement as effectively establishing FCA liability and thus barring the claims against defendant....

In an action claiming that the Bureau of Land Managementss (BLM) approval of a land exchange transferring ownership of a certain parcel to a mining company violated the National Environmental Policy Act (NEPA), summary judgment for defendants is reversed where the Final Environmental Impact Statement prepared by the BLM contained no comparative analysis of the environmental consequences for the different alternatives proposed and thus violated the NEPA. Read Center for Biological Diversity v....

A large display of the Ten Commandments on the city hall lawn in Bloomfield, New Mexico, violates the Constitution’s Establishment Clause, the Tenth Circuit ruled recently in an unanimous decision penned by Judge David M. Ebel. The display, which weighs 3,400 pounds and stands 5-feet tall, was erected by private donors and was marked with a small disclaimer that the lawn had been opened to the public for the display of monuments “that reflect the City’s history of law and government....

Civil asset forfeiture is controversial and confusing, to say the least. And despite it falling out of fashion during the Obama administration, AG Sessions supports its use. However, the Sixth Circuit Court of Appeals has issued a decision that helps to clarify the court pleading requirements for those who are fighting to regain possession of seized property. Civil asset forfeiture is the law enforcement equivalent of stealing candy from a baby....

Guy Westmoreland may be one of “the bad guys,” but he got a pretty rough deal from the government. First he moved for a new murder trial after learning that an Illinois State Police agent had an affair with his wife while the state was building a case against Westmoreland. Then, the district court waited eight years to deny his motion. Though the cops and the district court weren’t very cool about the case, the Seventh Circuit Court of Appeals declined to offer relief....

Being a lawyer often requires wearing many hats. Obviously not literally, despite judges giving us all a little more latitude in what we wear. One of the big hats that lawyers, particularly those that manage other attorneys, need to be wearing on a near daily basis these days is the data analyst hat. Thanks to the modern world we live in, even the smallest of law firms can take advantage of big data tech, and can benefit from data analytics from basic to advanced....

Students (and their parents) shell out tens of thousands of dollars a year for the college experience at America’s elite public and private universities. But all of it — the classroom lectures, the campus organizations, the parties, the life lessons — came to a screeching halt due to the coronavirus pandemic. In a flash, students everywhere went home to finish out the semester via online classes. That change is not sitting well with all those young adults now trapped at home with their parents again....

DWI Dude: Secret CIA Operative? Yet that is what well-known Texas DWI lawyer Jamie Belagia did, accepting $1.5 million in cash to bribe U.S. officials to get criminal charges against accused drug traffickers dropped, a jury decided on October 29. While Belagia had no intention of attempting to bribe U.S. officials, the transactions violated the Foreign Narcotics Kingpin Designation Act, among other federal laws. Cartels Provided Info to FBI The criminal charges involve his work defending three Columbian drug traffickers who brought cocaine to the U....

The complaint of judicial misconduct against Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit with respect his website is concluded under Rule 20(b)(1)(B) of the Rules for Judicial-Conduct and Judicial-Disability Proceedings, as appropriate corrective action has been taken. To the extent the complaint involves the Judge’s conduct in the United States v. Isaacs case, that portion is dismissed under Rule 20(b)(1)(A)(i) as neither the Judge’s assignment to the Isaacs case nor his decision to recuse himself from it constituted conduct cognizable under the Judicial Conduct and Disability Act....

This post was updated on March 31, 2022 Estate planning is complicated by the fact everyone’s needs are different. There is no “one size fits all” method for estate planning because everyone has their own arrangements of property, assets, and relationships. When you embark upon a plan to sort everything out in a way to best benefit your family and loved ones, a good first step is to take a thorough look at your own situation and take stock of what your estate includes....

In a title loan company’s suit under 42 U.S.C. section 1983 to enjoin, as a violation of the Commerce Clause, the application to plaintiff of Indiana’s version of the Uniform Consumer Credit Code, district court’s entry of permanent injunction is affirmed as the fact that the contract is made and executed in Illinois is enough to show that the territorial-application provision violates the commerce clause. Read Midwest Title Loans, Inc. v....

It’s a great time to be a job seeker. Employers are having a hard time finding enough workers to fill jobs. As a result, they are raising wages to attract candidates. They’re also finding another good way to entice prospective hires: excluding marijuana from pre-employment drug tests or eliminating drug tests altogether. But employers face a maze of state and federal statutes and court decisions when they consider adopting or revising marijuana screening policies....

New Mexico Governor Susana Martinez, a Republican, didn’t violate anyone’s civil rights when she cleaned house after taking office, demanding the resignation of employees appointed by her Democratic predecessor. Glenn Smith, the former director of the state Workers’ Compensation Administration sued after he was terminated, arguing that he had a right to finish out his five year term. Unfortunately for Smith, the Tenth Circuit disagreed, finding that he served at the will of the Governor and could be let go before his term concluded....

US v. Mercado, No. 09-2681, concerned a challenge to the district court’s denial of defendant’s motion for judgment of acquittal for drug related convictions. In affirming the conviction, the court held that there was sufficient evidence for a jury to find defendant guilty of aiding and abetting the possession with intent to distribute heroin beyond a reasonable doubt, as defendant’s presence on multiple occasions during critical moments of drug transactions may, when considered in light of the totality of the circumstances, support an inference of defendant’s participation in the criminal activity....

Media mogul Rupert Murdoch has filed for divorce from his wife of 14 years, Wendi Deng Murdoch, The New York Times reports. If Murdoch’s previous matrimonial splits are any indication, it could be quite an expensive affair. The CEO of News Corporation and creator of Fox Broadcasting Company, Murdoch and his soon-to-be former wife Wendi had two kids together. A representative from News Corporation confirmed the divorce filing, which apparently states that the marriage has been irretrievably broken for more than six months....