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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

Understandably, few attorneys want to talk about their experience with the disciplinary process, even though it’s not as rare as some might think. My home state, Iowa, has disciplined an average of 68 attorneys (just under 1% of the number of practicing attorneys in the state) each year over the past decade.

Attorney 102
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Texting in the car, surveillance of a home, and Section 1983 for Miranda

SCOTUSBlog

Iowa and other states prohibit texting while driving but allow cellphone usage for other purposes, such as navigation. Iowa , police officers pulled Struve over after observing Struve using a cellphone – for an unidentifiable reason – for 10 seconds while driving. In Steven Struve’s case, Struve v. Lamoureux v.

Court 107
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The court appears likely to preserve theory of liability in False Claims Act cases

SCOTUSBlog

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. Attorneys representing the plaintiffs also seemed eager for the court to do more than send the cases back to the 7th Circuit to reconsider the case in light of the defendants’ subjective belief. SuperValu Inc.

Court 112
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Four petitions on the constitutionality of the Indian Child Welfare Act

SCOTUSBlog

Iowa — and otherwise commandeering state courts and state agencies to carry out a federal child-placement program. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case.

Statute 130
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How ‘Standing My Ground’ Earned Me 75 Years in Prison

The Crime Report

My defense attorney knew the story but decided not to pursue any “stand your ground” strategy. The trial judge didn’t bring it up, and no instructions were given to the jury at my trial regarding the relevance of the statute to my case. The “Stand Your Ground” law failed me.

Laws 111
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How long do prisoners have to seek DNA evidence?

SCOTUSBlog

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. That’s all for this week. Until next time, stay safe !

Statute 107
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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

Court of Appeals for the 8th Circuit decision upholding a similar Iowa law concerning agricultural facilities. Kelly further claims a circuit split on this issue, including with reference to a U.S. The case is Kelly v. Animal Legal Defense Fund. These and other petitions of the week are below: CLMS Management Services Limited Partnership v.