Judge Must List Reasons For Certificate Of Appealability Grant

Judges are people, too. They occasionally make mistakes. And sometimes criminal defendants bear the mistakes of the judges. Today we have a quick reminder from the Second Circuit Court of Appeals that it helps to check a judge’s work for errors. Damon Blackman was convicted of first degree robbery in 2003, and sentenced to 10 years in prison. New York State Courts affirmed his conviction and denied his application for leave to appeal, so Blackman, proceeding pro se, filed a writ of habeas corpus in federal court....

May 5, 2022 · 3 min · 491 words · Hazel Carter

Missouri Must Change Voter Registration System

A federal judge ordered Missouri to roll back its voter registration system because it violates the law. In League of Women Voters of Missouri v. Ashcroft, Judge Brian Wimes said the current system could leave some voters with out-of-date registrations. That violates the National Voter Registration Act. The decision will be effective immediately to avoid problems in the November elections. The judge said it was an extreme measure, but right for the time....

May 5, 2022 · 2 min · 359 words · Cathy Beiler

Ninth Circuit Judges Head Back To Hawaii For Hearings

We would understand if Ninth Circuit Court of Court of Appeals were a little hesitant to hop on a plane to Hawaii for “official business” these days. After last year’s Judicial Conference debacle — which actually sounded like a productive conference in a great location — Ninth Circuit judges need a good reason to travel to the Aloha State. A reason like a hearing, perhaps … The Ninth Circuit heads to Hawaii this month for two sittings at its regular location, and a special sitting on February 12 at the University of Hawaii at Manoa, William S....

May 5, 2022 · 2 min · 377 words · Abel Jones

Ninth Circuit Rules Against Parents In Infant Spinal Tap Appeal

The Ninth Circuit Court of Appeals has ruled against a pair of parents who sued doctors and Boise police officers after law enforcement officials removed their infant daughter from their custody for a medical treatment that the parents had previously refused. The Ninth Circuit upheld a 2007 jury verdict in the case, finding that the defendants did not violate the parents’ civil rights. We’ve attempted to condense the facts below. (If you want the full story, see the statement of facts from the Ninth Circuit’s 2009 opinion in Mueller v....

May 5, 2022 · 3 min · 526 words · John Hall

Plaintiff S Burden Raised In Ada Case Against Liquor Store

A little paint goes a long way in remodeling and also in ADA compliance. According to the U.S. Eighth Circuit Court of Appeals, a liquor store did enough to comply with federal disability requirements by painting a van-accessible parking spot and putting up a sign. In fact, it was moot by the time the case got to trial because the owner had already fixed the parking problem. But there was still a problem with the service counter, which was too high for the wheelchair-bound plaintiff....

May 5, 2022 · 2 min · 410 words · Katherine Kempson

Scotus Overturns 10Th Circuit On Stolen Valor Act

The vast majority of Thursday’s news cycle will be dedicated the Supreme Court’s decision to uphold the Affordable Care Act. A far smaller portion of news coverage will examine the Court’s decision to overturn the Stolen Valor Act. Within that Stolen Valor Act coverage, you’ll likely hear stories about Xavier Alvarez, the California man who lied about receiving the Congressional Medal of Honor, and found himself arguing to the Ninth Circuit Court of Appeals and the Supreme Court that the Act was unconstitutional....

May 5, 2022 · 3 min · 463 words · Martin Baynard

Scotus To Consider State Court Jury Unanimity

While most states and federal law requires criminal defendants to be convicted by a unanimous jury of their peers, that’s not the case in a couple state courts around the country. And that could soon change. It just so happens that one of those states, Louisiana, currently has a pending ballot measure that would change the law and require unanimous verdicts. But, the state is also now facing a High Court appeal over the law voters are being asked to change, and that challenge could change things for more than just Louisiana....

May 5, 2022 · 2 min · 420 words · Cheryl Moore

Seventh Circuit Rides Circuit To Notre Dame Oct 1

The Seventh Circuit Court of Appeals is heading back to law school. Appellate judges occasionally like to descend from their lofty lairs to mingle with commoners and law students. In that spirit, a three-judge panel will hear oral arguments at Notre Dame Law School on October 1. The appellate court will consider three cases in this special session: Kendale Adams, et al. v. Gregory Ballard, et al., an appeal of a Title VII judgment against African American police officers and firefighters who allege that the promotion processes for public safety personnel in Indianapolis and Marion County are racially discriminatory....

May 5, 2022 · 2 min · 332 words · Donald Martin

Sixth Circuit Upholds Bench Slapping Dismissal For Discovery Delays

“To recite the facts of this case is nearly to decide it.” Universal Health Group demanded payment from Allstate Insurance Company for services allegedly rendered to 36 insured persons. Allstate maintained that the services were never rendered, denied payments to Universal, and in exchange, received a summons and complaint. Instead, Universal requested an extension, which was agreed to by Allstate and and granted by the magistrate judge. Still nothing though, and on July 12, they asked for another extension, which was granted over Allstate’s objection....

May 5, 2022 · 2 min · 425 words · Michael Murphy

Tenth Circuit No En Banc Rehearing For Roadless Rule

The Tenth Circuit Court of Appeals has issued its final word on the Roadless Rule, denying en banc rehearing in the matter this week; now it’s up to the Supreme Court to strike the Clinton-era law. The Forest Service initially adopted the Interim Roadless Rule, an 18-month moratorium on road construction in most inventoried roadless areas (IRAs) in March 1999. The interim rule, which continued through August 2000, temporarily suspended decision-making regarding road construction and reconstruction in many unroaded areas within the National Forest System (NFS)....

May 5, 2022 · 2 min · 379 words · Stephanie Rogers

The Roberts Court Turns Ten Today A Look At Roberts Mixed Legacy

Today marks the tenth year of Chief Justice Roberts’ reign over the Court. Originally considered as a replacement for Justice Sandra Day O’Connor, Roberts was nominated as Chief Justice following the passing of his former boss and mentor, William Rehnquist. During his nomination hearings, Justice Roberts said he wanted a modest court. That’s not exactly what he’s delivered. From gun rights to gay rights, campaign donations to health care subsidies, the Roberts Court has overseen great changes in American law....

May 5, 2022 · 4 min · 656 words · Gwendolyn Brafman

The Sniff That Was Up To Snuff And 3 More Scotus Opinions

The Supreme Court decided to go big this week, drawing in Court-watchers with the only topic that could actually get people excited about the law after a three-day weekend. That’s right, folks. We’ve got a puppy decision. Tuesday morning, the Supreme Court inadvertently sealed Aldo’s win as the latest FindLaw Top Dog when it issued a unanimous decision in the German Shepherd’s favor in Florida v. Harris. In Harris, Florida cops enlisted Aldo to conduct a “free air sniff” around Clayton Harris’ truck after discovering the Harris had an expired tag and an open container....

May 5, 2022 · 3 min · 558 words · Billy Burbridge

Trump Lawyers Back The Baker Against Gay Couple

No shorts, no shoes, no shirt, no service. But what about gay couples? That’s the question baker Jack Phillips poses to the U.S. Supreme Court in a showdown between gay and religious rights. For now, the U.S. Justice Department has answered the question: no service. “Forcing Phillips to create expression for and participate in a ceremony that violates his religious beliefs invades his First Amendment rights,” Acting Solicitor General Jeffrey Wall argues in Masterpiece Cakeshop v....

May 5, 2022 · 2 min · 382 words · Leonardo Moore

Us V Rizvanovic No 08 4123

Defendant’s kidnapping conviction is affirmed, where evidence related to Defendant’s domestic violence was relevant to the jury’s assessment of Defendant’s testimony regarding his motivation, as the jury might reasonably doubt that Defendant was actually motivated in the kidnapping by a desire to protect his children from harm or abuse. Read US v. Rizvanovic, No. 08-4123 Appellate Information Filed July 17, 2009 Judges Opinion by Judge McKay Counsel For Appellant: Bretta Pirie, Federal Public Defender, Utah Federal Defender’s Office, Salt Lake City, UT...

May 5, 2022 · 1 min · 150 words · Danuta Thompson

Vice Settles Gender Pay Discrimination Lawsuit For 1 87M

Along with Nike, Oracle, Google, and many, many other companies, Vice Media was accused of “systematically and intentionally” underpaying female employees. A statistician hired by the plaintiffs found an estimated $9 million gender pay gap at the company. But in the end, both sides decided to settle the matter for far less. Vice agreed to pay $1.875 million – about $1,600 per woman after attorney fees – to settle the class action lawsuit last week....

May 5, 2022 · 3 min · 478 words · Elvira Watts

Who Should Trump Nominate To The Supreme Court

Earlier this afternoon, Donald Trump became President Donald Trump. That means many things, but most importantly to this blog, it means that a new Supreme Court justice is on his or her way in the near future. The list of potential nominees, once at 21, has reportedly now been whittled down to about half that, with a few frontrunners. We have our favorites. But we’d like to hear yours. Let us know below who you think President Trump should nominate for the Supreme Court....

May 5, 2022 · 4 min · 805 words · Candice Jones

Rbg Documentary Gets Nightline Spotlight

Justice Ruth Bader Ginsburg’s status as cultural icon has done wonders for inspiring individuals, especially to pursue legal or social justice careers. She’s so popular, a month after her documentary released to the public, nightly news programs still want to ride that popularity wave. The directors of the Justice Ruth Bader Ginsburg documentary, RBG, recently appeared on the popular nightly news show, Nightline, to talk about the film and the Notorious RBG....

May 4, 2022 · 2 min · 389 words · Lashawn Miller

2 Burning Questions Answered Re Inherited Iras And Lanham Claims

Have you ever stayed up late at night, unable to sleep, wondering if maybe, just maybe, your inherited IRA assets might be exposed to creditors in bankruptcy? Don’t worry, you are not alone. Or perhaps, maybe, just maybe, you thought to yourself: Pomegranate juice? Coca Cola, dag nabbit, there ain’t hardly any juice in this here drink at all! And instead of lying there, disillusioned over the lies of a corporate behemoth, you sought to strike back....

May 4, 2022 · 2 min · 425 words · Anthony Dejesus

3Rd Cir News Safari S Cookies The Pledge And A Certified Question

In the past week we’ve had some interesting movement in cases in the Third Circuit. One case was filed in district court in New Jersey, while one is getting set for arguments before the Third Circuit, and another is getting sent back to state court with a certified question. Here’s the latest in Third Circuit cases – read on for details. Pledge of Allegiance Case Filed The American Humanist Association, a group espousing “nontheistic views,” has filed a suit against a New Jersey school district, on behalf of a family that objects to the phrase “under God” in the Pledge of Allegiance that their child must recite each day in school....

May 4, 2022 · 3 min · 480 words · Phyllis Clennon

Aba Says Yet Another Trump Nominee To Federal Bench Is Not Qualified

For the tenth time this term, the American Bar Association has given a “not qualified" rating to a Trump administration judicial nominee. According to the ABA, Kathryn Kimball Mizelle’s intellect, work ethic, integrity and demeanor are not in question. The lawyer, currently an associate at Jones Day, has an impressive resume, including a clerkship with Justice Clarence Thomas. However, as a 2012 law school graduate, she has only eight years of experience practicing law....

May 4, 2022 · 3 min · 546 words · Israel Burnett