article thumbnail

In rejecting a prisoner’s post-conviction claim, court plants seeds for narrowing habeas relief

SCOTUSBlog

(The Supreme Court held in 2005 in Deck v. Missouri that such shackling practices violate a defendant’s due process rights.) The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. In Brecht v.

Court 92
article thumbnail

Seeing Clearly: Article III Standing of IPR Judicial Review

Patently O

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and viticulture.

Court 48
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Justices to consider appropriate standard for harmless-error review of state convictions in federal habeas proceedings

SCOTUSBlog

Three years before Davenport’s trial, the Supreme Court held in Deck v. Missouri that shackling a criminal defendant in front of the jury is inherently prejudicial and violates a defendant’s due process rights unless the state can demonstrate a “special need” to justify the shackling.

Court 86
article thumbnail

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

The Crime Report

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. In 2016, Missouri prosecutor Leah Askey wrote Harpster an effusive email, bluntly detailing how she skirted legal rules to exploit his methods against unwitting defendants. “Of

article thumbnail

September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The federal district court for the District of Montana is to consider these issues on remand. Missouri v. and non-U.S.

article thumbnail

May 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 20-1530 (U.S. 20-1531 (U.S. 21-8001 (D.C.

Court 40
article thumbnail

August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Court Said Climate Scientist Provided Sufficient Evidence of Actual Malice for Blog Authors but Not for Publisher. Missouri v.

Court 40