Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term.

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Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. With less than a month until his execution date, and no ruling on his Step 2 grievance, Ramirez filed suit in Federal District Court on August 10, 2021. Supreme Court’s Decision.

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Constitutional Law Reporter

MARCH 21, 2022

Supreme Court held that the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Supreme Court’s Decision. In Cameron v. Facts of the Case.

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Court denied the application for injunctive relief in Whole Woman’s Health v. The Texas law at issue, S.B. The district court denied the defendants’ motion to dismiss the case.

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Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him.

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Constitutional Law Reporter

NOVEMBER 11, 2021

Supreme Court heard oral arguments in four cases last week. The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. Below is a brief summary of the issues before the Court: Cameron v.

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JURIST

MAY 17, 2022

Both the federal and state constitutions require far more. Walter, Associate Justice of the Oregon Supreme Court. And while there may be many explanations for the current crisis in Oregon, placing defendants on a “waiting list” for counsel is not the solution.

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JonathanTurley

NOVEMBER 24, 2020

There is an interesting fight brewing in Kentucky between Attorney General Daniel Cameron and Gov. Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. Andy Beshear. That case is being widely cited, including by Gov.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. When meeting with an attorney to determine what she could take to protect herself from Counterman, C.W. She subsequently reported Counterman to law enforcement. In Virginia v.

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Constitutional Law Reporter

APRIL 20, 2022

Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. Other issues before the Court included the extent of Congress’ war powers under Article 1 of the U.S. Constitution. Constitution. ” In Circuit City Stores, Inc.

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JonathanTurley

JUNE 14, 2022

There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.” Sentenced in March 2019, Bryant was respectful and remorseful before the court.

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JonathanTurley

FEBRUARY 7, 2023

However, courts have steadily increased the scope of these orders despite the curtailment of First Amendment rights. 3 to restrict comments from prosecutors, the defense, law enforcement and other officials. 18, she expanded the scope to include attorneys for the victims and their families from speaking with the media.

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Constitutional Law Reporter

APRIL 8, 2021

Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal. Supreme Court’s Decision.

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Constitutional Law Reporter

NOVEMBER 29, 2021

Below is a brief summary of the cases before the Court: Unicolors, Inc v. The specific question before the Court is “[w]hether the U.S. Court of Appeals for the 9th Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § ” Ramirez v.

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Paralegal Bootcamp

NOVEMBER 18, 2022

Lucky for me, this first visit had one of the legal aid attorneys with me because she had some experience with this kind of stuff, and she prepped me a little on what to expect. That firm had an entire pro bono department where those attorneys only worked on pro bono cases. This was earlier in 2002. Benefits of Paralegal Pro Bono Work.

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Constitutional Law Reporter

JANUARY 3, 2022

Supreme Court ended its December sitting with oral arguments in Carson v. Constitution. 2246 (2020), the Supreme Court held that a state may not exclude families and schools from participating in a student-aid program because of a school’s religious status. The issue is now before the Court in Carson v.

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JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Last week, the juris doctors of the Supreme Court looked at the gun violence epidemic in our country and prescribed more of what we already have in abundance: fear. To whatever extent that point held water in McDonald , it strains credulity here.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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JonathanTurley

JUNE 7, 2023

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. Attorney General United States

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Constitutional Law Reporter

NOVEMBER 30, 2021

The Supreme Court heard oral arguments in at least two blockbuster cases last week. Bruen, the Court considered the constitutionality of a New York gun law. Based on oral arguments, it appeared that a majority of the Court could be persuaded that the law runs afoul of the Second Amendment. 8, but the U.S.

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Paralegal Bootcamp

DECEMBER 9, 2022

in Alberta, for example, a paralegal is not allowed to represent another person in court, but they can in Ontario or British Columbia. Law Clerk – This term is commonly used in Ontario and denotes someone who does a mix of administrative and substantive tasks, but is usually less substantive than that of a paralegal.

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JonathanTurley

APRIL 18, 2022

” The story came to mind recently with a controversy in Michigan where the Chief Judge of Michigan’s Court of Claims Elizabeth Gleicher said that she will preside over a challenge to an abortion law brought by Planned Parenthood despite her previously representing the group and her annual contributions to the group.

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JonathanTurley

NOVEMBER 16, 2022

The lawsuit was brought by the Foundation for Individual Rights and Expression (FIRE) attorney on behalf of three students at Clovis Community College. ” The lack of any definition for those vague terms would weigh heavily with the court in granting the preliminary injunction.

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JonathanTurley

APRIL 27, 2022

There is a major victory for free speech out of the United States Court of Appeals for the Eleventh Circuit this week. The appeals court overturned Presnell’s rejection of a preliminary injunction against UCF’s harassment policy and ordered the district court to consider the constitutionality of UCF’s bias response team.

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LexForti

JUNE 2, 2021

Having mentioned the same, post the period of Emergency, this case was considered to be one of the most vital judgements that have so far been passed by the Hon’ble Supreme Court, that have held a special role in shedding light on the liberal tendencies that have gone through a major shift towards ensuring the protection of personal liberty.

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Constitutional Law Reporter

JANUARY 10, 2022

Supreme Court held in Whole Woman’s Health v. Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. 8 violates the Constitution.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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JonathanTurley

OCTOBER 19, 2021

The law covers violent crimes, sexual assault, and assault of a child. The law requires that individuals “shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.” The language of this Court in Brown v. Cf: Restatement, Torts, § 322.

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. Supreme Court weighs the right of schools to punish students for out-of-school speech in Mahanoy Area School District v. The Supreme Court accelerated that trend in its Morse decision.

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JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s ’s interests.”

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Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. Bonta, 594 U.S. _ (2021) , a divided U.S. United States v. Stevens , 559 U.S.

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JonathanTurley

SEPTEMBER 3, 2022

” In a free speech challenge, most courts would be dubious about a claim based on a uniform policy in favor of pronoun election by students. The further requirement to affirmatively require the use of pronouns could give a court pause. Professor Bugg is being represented by Utah attorney Jerome Mooney.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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Constitutional Law Reporter

APRIL 22, 2024

Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. The Second Circuit Court of Appeals dismissed the free speech claims , determining that Vullo is entitled to qualified immunity. Supreme Court granted certiorari on November 3, 2023.

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