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Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent

SCOTUSBlog

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. In an opinion by Justice Clarence Thomas, the court sided with Arizona. “[O]nly

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US Supreme Court rules in favor of healthcare provider in identity theft dispute

JURIST

United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision. The opinion provides analogies including “a lawyer who rounds up her hours from 2.9

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Supreme Court hears arguments in firearms possession cases

JURIST

United States the Court held that in order to convict someone under the statute, the government must prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms. Decisions in both cases should come this summer. Two years ago in Rehaif v.

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In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided

SCOTUSBlog

Share On Wednesday, the court heard oral argument in Shinn v. Ramirez and Jones , two death penalty cases that will determine whether prisoners may develop new evidence to support claims that their lawyers were constitutionally ineffective at trial. But a 2012 Supreme Court decision, Martinez v.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. When I imagine a foreign lawyer trying to explain this system to a foreign client, my heart fills with pity. Do state courts enforce these clauses at the same rate as federal courts?

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Justices limit suits challenging misleading securities registration statements

SCOTUSBlog

The “challenge” in understanding the statute, Gorsuch pointed out, is that “there is no clear referent in § 11(a) telling us what ‘such security’ means.” For one thing, the statute imposes liability for false statements or misleading omissions in ‘ the registration statement.’” – rather than simply “a” or “any” registration statement.

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Why the ‘Machinery of Death’ Keeps Running

The Crime Report

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The Furman Framework. The ruling was narrow in scope.

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