JURIST

OCTOBER 13, 2021

The Department of Justice (DOJ) announced on Wednesday that it has opened a statewide investigation into the conditions in the five secure juvenile correctional facilities operated by the Texas Juvenile Justice Department. . The investigation will also look into whether Texas provides adequate mental health care to these juveniles.

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Statute Attorney Legal Legal 104

The Crime Report

SEPTEMBER 17, 2021

Another Texas inmate, Ruben Gutierrez, who was set to be executed on Oct. A judge granted a request by the Cameron County District Attorney’s Office to vacate the execution date. His attorneys cited the Constitution’s First Amendment and a federal statute that protects an inmate’s religious rights.

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Statute Attorney Court 126

Patently O

FEBRUARY 14, 2023

At that point VMWare aske the court for attorney fees under 35 U.S.C. The district court has granted the attorney fees of $92k and denied additional sanctions — noting that the 285 fees are adequate. Section 285 permits a court to award attorney fees at the conclusion of a patent lawsuit. 285 and also sanctions under Fed.

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SCOTUSBlog

NOVEMBER 9, 2022

Beatty, 61, is scheduled to be executed in Texas on Wednesday evening. His attorneys scheduled in-person evaluations for Beatty for use in his clemency efforts and to determine whether he had a claim under Ford v. The dispute began earlier this year, when Beatty had a severe mental health crisis.

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Lawyer Lawyers Statute Court 89

The Crime Report

APRIL 11, 2022

Starr County, Texas district attorney Gocha Allen Ramirez, has dismissed the murder charge levied against Lizelle Herrera for having a “self-induced abortion,” saying that it was clear that she did not commit a criminal act under state law, reports the New York Times.

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Felony Statute Attorney Laws 40

The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. If police and prosecutors succeed, Texas law will let them keep 100 percent of the proceeds for themselves without ever filing criminal charges against anyone. But he soon found himself in a back room answering questions without an attorney.

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Misdemeanor Court Attorney Statute 115

SCOTUSBlog

JUNE 12, 2023

Sylvia Gonzalez rode to victory in her 2019 race for city council in Castle Hill, Texas, on a promise to unseat the allegedly corrupt city manager through a petition. The district attorney quickly dropped the charges, but not before Gonzalez, who at the time was 72, had been processed and spent the day in jail. In Gonzalez v.

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Statute Court Rules Government Court 75

JURIST

JANUARY 12, 2024

The Trumbull County prosecutor’s office stated that, after evaluating the case, they believed Watts did not violate the Ohio Criminal Statute of Abuse of a Corpse. In December, the Texas Supreme Court denied Kate Cox access to an abortion, despite her pregnancy compilations.

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Felony Healthcare Statute Court 249

SCOTUSBlog

OCTOBER 10, 2022

Share On Tuesday the justices will hear oral argument in the case of Texas death-row inmate Rodney Reed , who is seeking DNA testing for evidence that he believes will clear him. In 2009, the Supreme Court ruled in District Attorney’s Office v. Reed came to the Supreme Court last fall, asking the justices to review that ruling.

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Paralegal Bootcamp

APRIL 27, 2023

Jessie is a board certified trial paralegal in Texas. She was a personal injury attorney and they were looking for a receptionist for their small law firm. And so I met with this attorney who then asked me to come in and interview to fill that position to be the receptionist and do clerical work. I used to work for a Pizza Inn.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

Patently O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law.

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Statute Construction Litigation Litigating 81

The Crime Report

JUNE 18, 2021

Prosecutors say Reffitt brought a rifle and semiautomatic handgun to Washington and recruited members to a right-wing Texas Three Percenters group claiming he had created a new security business to circumvent gun laws. Reffitt attorney William L. Barr urged a crackdown on violent or destructive demonstrators. Since Jan.

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The Crime Report

JULY 9, 2021

attorneys investigated 1,864 suspects in matters involving violations of federal hate crime laws during that period, said a BJS report released Thursday. attorneys’ offices and the Civil Rights Division of the U.S. attorneys declined to prosecute 82 percent of suspects, while prosecuting only 17 percent, according to the BJS.

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SCOTUSBlog

FEBRUARY 23, 2022

In 1998, petitioner Rodney Reed was convicted in Texas state court of the murder of grocery store clerk Stacy Stites and sentenced to death. Goertz , Reed seeks review, arguing that other circuits would not start running the statute of limitations until the end of the appeals process, which in Reed’s case did not occur until October 2017.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. Texas Entertainment Association, Inc. However, the U.S.

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SCOTUSBlog

DECEMBER 10, 2021

Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Texas , Andrus maintains that the Texas court disregarded the Supreme Court’s express guidance for conducting the prejudice analysis.

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Stare Decisis Court Court Rules Laws 89

Constitutional Law Reporter

DECEMBER 16, 2022

David Dubin was the managing partner of PARTS, a psychology practice in Texas. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime. Facts of the Case. In April 2013, a treatment facility in San Antonio asked PARTS to evaluate a child known as Patient L.

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The Crime Report

APRIL 21, 2022

Under Texas’ “Stand Your Ground” law, my actions were defensible. Chapter 9 of the Texas Penal Code says there is no “duty to retreat” if I have a reasonable belief that my life is endangered. My defense attorney knew the story but decided not to pursue any “stand your ground” strategy. Frankly I doubt it.

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Laws Legal Legal Statute 111

SCOTUSBlog

SEPTEMBER 24, 2021

In Texas v. Haaland , Texas has filed a petition asking the justices to review ICWA provisions that, in the state’s view, the 5th Circuit erroneously upheld. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case. In Cherokee Nation v. Finally, in Brackeen v.

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Statute Contract Government Court 121

The Crime Report

FEBRUARY 7, 2022

But civil remedies against individual officers are inadequate to address police misconduct, argues civil rights attorney Jennifer Hickey of the Emory University School of Law. As high-profile police killings persist, many victims have turned to private litigation as a path to justice.

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Litigation Litigating Statute Legal 98

SCOTUSBlog

NOVEMBER 30, 2022

Abbott , involving a Texas state legislative redistricting dispute. The court ultimately decided Elonis on narrow statutory grounds rather than constitutional ones, holding that “a guilty mind is a necessary element” of the federal threat statute. Texas , 21-1601. The court dismissed the appeal in Brooks v. 18 conference).

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Court Statute Attorney Government 87

The IP Law Blog

SEPTEMBER 30, 2021

In September 2020, Plaintiff Brazos filed five related patent infringement actions in the United States District Court for the Western District of Texas against Defendant OnePlus, a Chinese company. Therefore, the Federal Circuit held OnePlus’s reliance on the service requirements of the Texas long-arm statute are not applicable here.

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Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The statute for proper venue in patent narrowly proscribes appropriate venues and the Federal Circuit has further limited venue with its aggressive granting of mandamus actions on convenience grounds. Ikorongo Texas LLC, v. 35 U.S.C. §

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Laws Court Litigation Litigating 95

JURIST

AUGUST 27, 2023

Texas District Court Judge Maria Cant ú Hexsel temporarily blocked SB 14 , which bans gender-affirming care for minors and restricts children already taking gender-affirming prescription drugs, from going into effect on Friday. The case is in the District Court of Travis County, Texas. The ACLU of Texas represents the plaintiffs.

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Patently O

JANUARY 24, 2022

For those unfamiliar with how cases are assigned in district courts, let’s use the Western District of Texas as an example. The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico).

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Litigation Litigating Court Statute 60

SCOTUSBlog

DECEMBER 7, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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Patently O

OCTOBER 11, 2021

” Hurdle of Concrete Harm : Although the APA permits an action to compel agency action, the statute typically requires that the plaintiff be “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action.” That case is now on appeal. ” 5 U.S.C. Where to Appeal?:

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JURIST

JULY 2, 2022

The Texas and Ohio Supreme Courts Friday denied motions by state abortion providers seeking relief from the states’ now-effective anti-abortion laws. Earlier this week, a Texas judge issued a temporary restraining order preventing a century-old state law that criminalizes abortion from taking effect.

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Laws Court Statute Attorney 118

SCOTUSBlog

DECEMBER 10, 2020

Texas that states could not be sued for money damages for violations of the Religious Land Use and Institutionalized Persons Act, a statute similar to RFRA that also allows plaintiffs to “obtain appropriate relief against a government” for violations. Thomas acknowledged that the Supreme Court had ruled in 2011 in Sossamon v.

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SCOTUSBlog

JULY 22, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether the government is correct that a federal identity-theft statute broadly applies to anyone who merely says or writes someone else’s name while committing a crime, or instead requires intentional misrepresentation of identity.

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SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. The en banc U.S. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigation Litigating Court Attorney 79

SCOTUSBlog

JANUARY 20, 2022

Next up is Texas v. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. rescheduled before the Dec. 10 and Jan.

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SCOTUSBlog

MARCH 26, 2024

New York Attorney General Letitia James is also in the same front row of the public section. Jackson Women’s Health Organization and the dual arguments in 2021 over who could challenge the restrictive Texas S.B. The statute doesn’t have this sort of safe harbor that you’re suggesting. Unlike Dobbs v.

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Court Legal Legal Manufacturing 97

Diane Drain

MAY 15, 2021

Courts have repeatedly reiterated that the legislative purpose of the homestead exemption statutes is to allow the family to prevent judgment creditors from taking the family home.(ii) Arizona has become the laughing stock of the nation (equal to Florida and Texas). Drain - Phoenix Arizona Bankruptcy Attorney.

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Laws Litigation Litigating Court 197

Constitutional Law Reporter

JANUARY 10, 2022

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. Texas Senate Bill 8, also known as the Texas Heartbeat Act, prohibits physicians from performing or inducing an abortion if the physician detected a fetal heartbeat.

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The Crime Report

APRIL 8, 2022

The remaining 97 percent have been decided by plea bargain: an arrangement made between a prosecutor, defense attorney, judge, and the defendant under which an individual enters a guilty or no contest plea in exchange for a reduction in the level of a charge, a reduced number of charges, or the recommendation of a lighter sentence.

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Stare Decisis Lawyer Lawyers Legal 139

The Crime Report

DECEMBER 20, 2021

The measures range from requiring certification that prosecutors have followed the rules of discovery to eliminating the “absolute” immunity from lawsuits currently granted to prosecuting attorneys. Errors of procedure, failure to file appropriate paperwork, missed communications with defense attorneys or the judge are common examples.

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