The Crime Report

OCTOBER 11, 2022

The Supreme Court has agreed to hear the case of Rodney Reedy, a Black death row inmate seeking post-conviction DNA evidence to prove his innocence, reports Ariane de Vogue for CNN. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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SCOTUSBlog

JUNE 12, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Court ruled in Nieves v. This week, we highlight cert petitions that ask the court to consider, among other things, how closely aligned evidence must be to satisfy that exception.

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SCOTUSBlog

NOVEMBER 9, 2022

Share The Supreme Court on Wednesday declined to block the execution of Tracy Beatty, who was convicted and sentenced to death for the 2003 murder of his mother. Beatty, 61, is scheduled to be executed in Texas on Wednesday evening. This article was originally published at Howe on the Court. Beatty’s lawyers relied on 18 U.S.C.

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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.

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JURIST

JUNE 15, 2021

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.

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The Crime Report

APRIL 29, 2022

The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. She claimed to have suffered “humiliation, frustration and emotional distress” as a result.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. 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.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. In Skinner v.

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SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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SCOTUSBlog

FEBRUARY 22, 2022

Texas , provides some amusing moments and seems a good one for the justices to break out of any lethargy from their long recess. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. The first case, Ysleta del Sur Pueblo v. Can we ask my grandmother?”

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SCOTUSBlog

MARCH 30, 2022

As a statistical matter , a case that the Supreme Court repeatedly relists is more likely to be the subject of an opinion respecting denial or — where existing precedent is clear — a summary reversal or vacatur. Case in point: Texas v. Texas , a capital case from the Lone Star State. Texas , 21-6001.

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JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum.

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SCOTUSBlog

APRIL 20, 2022

Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Some older Supreme Court decisions support that theory of consent. In Cooper Tire & Rubber Company v.

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JURIST

JUNE 28, 2021

The Texas Supreme Court ruled Friday that federal law does not grant Facebook immunity against lawsuits for users who use its platform to lure minors into sex trafficking. However, the Texas Supreme Court denied Facebook’s motion saying that section 230 does not “create a lawless no-man’s-land on the Internet.”

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SCOTUSBlog

DECEMBER 2, 2021

Jane Cummings sued Texas-based Premier Rehab for discriminating based on her disability in violation of the Rehabilitation Act and the Affordable Care Act. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. Premier Rehab Keller, P.L.L.C. ,

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JURIST

JANUARY 26, 2024

Texas Governor Greg Abbott issued a statement asserting Texas’ constitutional right to self-defense on Wednesday as tensions with the Biden administration over security along the US southern border escalated. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants.

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SCOTUSBlog

DECEMBER 10, 2020

The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. Thomas acknowledged that the Supreme Court had ruled in 2011 in Sossamon v.

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HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v.

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The Crime Report

DECEMBER 20, 2021

Since most cases of misconduct are linked to the failure to make evidence available in a timely fashion to the defendant that might bear on their innocence, rules of criminal procedure should reduce any opportunities for prosecutors to withhold information in criminal cases. Certify Compliance. Establish an Oversight Commission.

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SCOTUSBlog

JUNE 15, 2023

Share In a major ruling on Thursday, the Supreme Court rejected a challenge to the constitutionality of the Indian Child Welfare Act, a 1978 federal law that seeks to keep Native American children with Native American families. Thursday’s ruling in Haaland v. Court of Appeals for the 5th Circuit reversed.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. This article was originally published at Howe on the Court.

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SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. Courts in Arizona , Kansas and Texas have also ruled against these laws. O.C.G.A. § There are good-faith objections to the BDS movement.

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JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. ” Again, the statute does not define “substantial function” or “predominant … function,” leaving companies to guess whether their online services are covered.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Two other states—Texas and North Dakota—filed an amicus brief supporting EPA; the petitioners opposed their participation on procedural grounds. Clean Air Council v. Pruitt , No.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

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JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. After Dobbs was accepted with its 15-week limit, advocates sought to enjoin a Texas law that banned abortion after just six weeks.

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SCOTUSBlog

OCTOBER 21, 2021

Share Lawyers for the state of Texas urged the Supreme Court on Thursday to leave a Texas law that imposes a near-total ban on abortions in place. The filings came in two separate cases arising from the Texas law, known as S.B. 8, the court ordered Texas officials to respond in both S.B. In United States v.

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SCOTUSBlog

JANUARY 6, 2022

The earlier cases in which the court took that unusual step involved Texas’ restrictive anti-abortion law and a religious-liberty claim from a man on death row.). A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states.

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JonathanTurley

OCTOBER 31, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She sued for negligence of the park in maintaining a safe environment and the training of staff.

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JonathanTurley

JULY 11, 2021

In Texas v. 397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. We have previously discussed flag burning cases. Johnson , 491 U.S.

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SCOTUSBlog

JANUARY 7, 2022

Texas presents the latest stage in the Biden administration’s attempt to unwind the Trump administration’s “remain in Mexico” policy. immigration court. Texas abortion law. Court of Appeals for the 5th Circuit to send their challenge to Texas’ restrictive anti-abortion law back to U.S. Remain in Mexico” policy.

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SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation.

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SCOTUSBlog

NOVEMBER 8, 2022

Share In 2012, the late Justice Antonin Scalia called a dispute arising from the adoption of Native American twins in a Mississippi state court the most difficult case he had encountered in his time on the Supreme Court. The dispute before the Supreme Court on Wednesday – Haaland v.

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