The Crime Report

OCTOBER 11, 2022

Reed’s case raises a statute of limitations question about whether such a claim can be brought at the end of state court litigation or at the moment a trial court denied DNA testing. See also: I s Texas Ignoring DNA Evidenced in Rodney Reed Case?

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Court Statute Court Rules Litigation 121

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 59

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

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Statute Litigation Litigating Cause of Action 52

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. The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run.

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Statute Construction Litigation Litigating 103

Patently O

FEBRUARY 21, 2022

Ikorongo Texas LLC, et al. Ikorongo Texas LLC holds exclusive rights to a set of patents, but only with respect to use of the inventions in counties within the Western District of Texas. This includes McLennan County, home of Waco Texas and Judge Albright’s court. . § by Dennis Crouch. Samsung Electronics Co.,

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Litigation Litigating Technology Lawyer 89

OilandGasLawyer

OCTOBER 28, 2020

The Texas Supreme Court will hear arguments in December in Concho Resources v. Samson drilled a well on the disputed 154-acre tract, leading to the litigation. Ellison sued all three for conversion and for payment of amounts due under the division order statute, Texas Natural Resources Code section 91.404. Ellison , No.

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Patently O

JULY 1, 2021

The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. As explained below, the owners of Ikorongo Texas formed the company as an attempt to solidify venue in W.D.Texas and avoid the case being transferred for inconvenient forum. Thus, no proper venue.

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Statute Litigation Litigating Court 104

Paralegal Bootcamp

APRIL 27, 2023

Jessie is a board certified trial paralegal in Texas. She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys?

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

The Crime Report

FEBRUARY 7, 2022

As high-profile police killings persist, many victims have turned to private litigation as a path to justice. While Section 1983 was integral to early civil rights litigation, in the context of police misconduct the statute reinforces the understanding of “individual perpetrators causing individual harm.”.

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Litigation Litigating Statute Legal 98

Patently O

OCTOBER 6, 2021

Thus, the statute provides a district court with discretion to move venue “[f]or the convenience of parties and witnesses, in the interest of justice.” An oddity of patent litigation jurisprudence is that Section 1404 determinations are not deemed patent-law specific. ” 28 U.S.C.

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Laws Litigation Litigating Statute 121

SCOTUSBlog

JUNE 23, 2022

1983 ; they are not forced into federal habeas litigation that is procedurally doomed. The Heck bar is a big deal to death-sentenced prisoners who challenge execution methods, because those challenges almost always ripen after the first round of federal habeas litigation finishes. But Texas had to change a regulation, not a statute.).

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Litigation Litigating Statute Court 92

LawSites

FEBRUARY 26, 2024

Courts are themselves a key part of the access to justice problem: opaque, duplicative and confusing court forms and burdensome filing processes make accessing the civil justice system deeply inefficient for the sophisticated, and an impenetrable maze for the 70+% of civil litigants who don’t have a lawyer.

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Litigation Litigating Law School Lawyer 125

Patently O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Proper venue is rarely a big deal these days in Federal Litigation. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. by Dennis Crouch. In re Monolithic Power Systems, Inc. 21-cv-00655.

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Statute Construction Litigation Litigating 81

SCOTUSBlog

APRIL 25, 2022

The justices agreed to hear the case of Texas inmate Rodney Reed , who was sentenced to death for the 1996 rape and murder of Stacey Stites. A state trial court turned him down, prompting Reed to file a federal civil rights lawsuit challenging the constitutionality of the Texas law governing post-conviction DNA testing.

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Court Litigation Litigating Statute 77

Patently O

DECEMBER 10, 2020

At that time, patent litigation was highly concentrated in the Eastern District of Texas, and the proper venue statute, 28 U.S.C. The pre- TC Heartland nullification of the proper-venue statute (§ 1400(b)) was a but-for cause of the E.D. Texas is a proper venue for Apple; It also seems like it is pretty darn convenient.

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Statute Litigation Litigating Court 82

Patently O

AUGUST 31, 2023

Still, the company regularly argues that it would be too unfair and inconvenient to litigate patent cases in states such as Texas. Like Google, the defendants are typically corporations with national reach who can – and do – litigate anywhere. In a recent decision, Judge Alan Albright (W.D.Tex.) 1404(a).

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Work From Home Litigation Litigating Statute 58

Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. A lot of litigation power is being spent on whether or not the plaintiff’s choice of judge (Judge Albright) will stick.

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Laws Court Litigation Litigating 95

Patently O

AUGUST 3, 2021

Under the statute for patent litigation venue, venue is proper in a judicial district if either (1) the defendant is incorporated in the district or (2) the defendant infringes within the district and also has a “regular and established places of business” in the district.

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Statute Litigation Litigating Court 126

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. The case is Reed v.

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Statute Court Laws Court Rules 95

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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Statute Court Litigation Litigating 100

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Texas , 21-6001. Federal Trade Commission. Returning Relists.

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SCOTUSBlog

MARCH 30, 2022

Case in point: Texas v. That case, which involved Texas’ challenge to a regulation that delegated governmental authority to an actuarial group to set standards for Medicaid reimbursement, had been rescheduled twice and relisted six times going into last Friday’s conference. Texas , a capital case from the Lone Star State.

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Stare Decisis Court Felony Statute 90

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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Government Statute Cause of Action Litigation 85

SCOTUSBlog

APRIL 12, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Texas , 21-6001. relisted after the April 1 conference). Returning Relists.

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Stare Decisis Court Statute Litigation 106

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. was filed by a plaintiff seeking to enforce a similar registration statute. In Cooper Tire & Rubber Company v.

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Statute Stare Decisis Court Manufacturing 101

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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Immigration Court Statute Law Firm 84

SCOTUSBlog

NOVEMBER 4, 2021

Texas and Whole Woman’s Health v. Another important rule is the framework for confirming or vacating an arbitration award; Sections 9 and 10 of the statute set out rules for that process, which generally make it easy to get an award confirmed by a court. But in Badgerow v.

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Statute Court Laws Litigation 92

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen.

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Laws Law Office Court Legal 145

SCOTUSBlog

SEPTEMBER 29, 2023

The doctrine at the center of the case is known as the voluntary cessation doctrine – the principle that plaintiffs can continue to litigate their case unless the defendant shows that it cannot simply resume the conduct that prompted the lawsuit after the case is dismissed. The plaintiff in the case, Yonas Fikre, is a U.S. In Corner Post v.

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Calendaring Court Statute Court Rules 112

SCOTUSBlog

MARCH 2, 2022

Texas , 21-5050. Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Bruce Church, Inc. relisted after the Jan. 18 and Feb. 25 conferences). 18 and Feb.

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Court Statute Education Lawyer 67

Patently O

AUGUST 2, 2021

Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. The 100 mile and state line rules mean that Judge Albright could not compel a non-party witness to fly from Southern California to Texas in order to testify in court. by Dennis Crouch. In re HULU, LLC ( Fed.

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Court Statute Litigation Litigating 91

SCOTUSBlog

OCTOBER 30, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether federal prosecutors or defendants have the burden of proving their status as a Native American or not for purposes of criminal jurisdiction, and three conditional cross-petitions over Texas’ abortion ban. In Haggerty v. In the U.S.

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Court Statute Government Laws 80

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

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Statute Lawyer Lawyers Court 105

Diane Drain

MAY 15, 2021

Some language was included as an amendment, but only time will tell if that language holds up to litigation of the issue. 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)

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Laws Litigation Litigating Court 197

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

SEPTEMBER 3, 2021

In Broadnax’s case, a Texas court had already rejected his challenge that racial bias tainted his trial, in which a nearly all-white jury convicted him, a Black man, of murdering two white victims. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court. Broadnax v.

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Litigation Litigating Court Attorney 80

LegalReader

NOVEMBER 5, 2021

Texas's voting laws may violate several different federal statutes.

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Statute Laws Litigation Litigating 52