appellate

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Original Technorati articles tagged “appellate”

• in Technology
  Jury Selection Courtesy of Facebook
  Facebook, the Ultimate Jury Nullifier!
  by layllah / on Feb 24, 2011

Latest blogosphere posts tagged “appellate”

 

• ‘Nude but not lewd’ airport protester beat indecency rap but is still fighting $1K TSA fine

  
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  A tech worker who took it all off at the Portland, Ore., airport last year as a protest of security measures, was acquitted at trial later in 2012 by a Multnomah County judge of the indecent exposure charge that resulted. But the celebration after John E. Brennans criminal court victory…
  1 week ago

• U.S. Supreme Ct. to Consider One of My Cases at 5/23 Conference

  
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  Well, this made my day   Just learned that the Petition for a Writ of Cert which I filed in Kyle Ray DeCoteau v. United States (Case No. 12-01285) will be considered by the U.S. Supreme Court at its May 23, 2013 conference.    It’s my first request for U.S. Supreme Court review and involves some interesting ...
  1 week ago

• Lawyer with little experience can’t withdraw at 11th hour from death-penalty defense, judge says

  
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  Gerald Bettman runs a two-attorney law office in Jacksonville, Fla. In addition to criminal defense, the lawyers also focus on divorce and personal injury matters. He has never represented a defendant sentenced to the death penalty during the flurry of appeals that precedes a scheduled execution once the death ...
  1 week ago

• When You Cant Appeal, Mandamus

  
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  What can you do if you lack an adequate remedy by appeal and the trial judge clearly misapplies the law in your case, violates your constitutional rights, or clearly abuses their discretion? As we discussed in my last blog, the remedy of a traditional appeal is not available to challenge rulings in all family law ...
  1 week ago

• Final Ruling: Penske Penalties Stand, Suspensions Reduced

  
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  NATIONAL STOCK CAR RACING CHIEF APPELLATE OFFICER STATEMENT On May 7, 2013 the Chief Appellate Officer heard and considered the appeal of the penalties from the No. 2 and No. 22 Penske Racing NASCAR Sprint Cup Series teams. These penalties stemmed from pre-race inspection for the NASCAR Sprint Cup Series at Texas ...
  1 week ago

• Pro se homeowner wins rare federal stay of sale in foreclosure case

  
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  Representing herself in federal court without the help of a lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a state-court mortgage foreclosure case. U.S. District Judge William Martinez on Monday issued an order temporarily staying the sale of Lisa…
  1 week ago

• Can remote texter be liable if driver is distracted by message? Appeals court mulls novel theory

  
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  Its common knowledge that texting and driving is a bad idea and, in a number of jurisdictions, illegal. New Jersey is one of them. But what about sending a text to someone you know is behind the wheel? In addition to moral responsibility, could there be any civil liability for…
  1 week ago

• With $1B fee unpaid, plaintiff lawyer who won $18B enviro case is now pro se against Chevron

  
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  Attorney Steven Donziger could earn $1 billion, his opposing counsel says, if an $18 billion foreign judgment against Chevron Corp. concerning environmental damage in Ecuador is upheld. Meanwhile, Donziger is unable to afford to pay his own counsel as Chevron continues with a bruising U.S. district court counterattack ...
  1 week ago

• One More Amicus Brief In Railbanking Case: Growing And Well-Documented Circuit Split

  
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  Heres the third and final amicus brief supporting the petitioner in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 (cert. petition filed Mar. 22, 2013). The Pacific Legal Foundation brief argues: This case raises important questions regarding the common law of property ownership and the ...
  2 weeks ago

• Amicus Brief In Railbanking Case: Circuit Split May Upset Title To Millions Of Acres

  
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  Heres the  amici brief of the Cato Institute and the National Association of Reversionary Property Owners supporting the petitioners in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 (cert. petition filed Mar. 22, 2013). In that case, the Tenth Circuits opinion held that the term railroad ...
  2 weeks ago

• Amicus Brief In Rails-to-Trails Case: Switching Tracks To Undermine Takings Claims

  
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  Heres the amicus brief we filed today on behalf of our colleagues at Owners Counsel of America , urging the U.S. Supreme Court to grant cert in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 ( cert. petition filed Mar. 22, 2013). That petition asks the Court to review a Tenth Circuit ...
  3 weeks ago

• Millionaire who helped son, 16, get married has 180-day contempt term upheld by appeals court

  
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  A Florida appeals court on Wednesday upheld without comment a 180-day contempt term imposed on a millionaire for taking his then-16-year-old son to Las Vegas to get married to his housekeepers 18-year-old daughter. A Miami-Dade circuit judge had ordered Dan Rotta to take the troubled teen to a Utah boarding…
  3 weeks ago

• Appeals court OKs fine for lawyer who asserted SLAPP shield against tort case over demand letter

  
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  A California law that offers lawyers a shield against tort claims concerning their litigation activities has been limited by a California appeals court and might even be eliminated entirely by a federal appeals court. The states so-called anti-SLAPP statute is intended to offer an early exit for small parties ...
  3 weeks ago

• Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

  
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  Daniel Schwartz The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them.  I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it ...
  3 weeks ago

• The Ninth Circuit Botches Regulatory Takings Again

  
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  When reading the Ninth Circuits latest foray into the regulatory takings doctrine which holds that a muncipal rent control ordinance did not qualify under Penn Central ( MHC Financing Ltd Pship v. City of San Rafael , No. 07-15983 (Apr. 17, 2013), we were reminded of the opening line in Andy Williams signature ...
  4 weeks ago

• Election appellate tribunal set up: Notice issued to ECP, others on pleas against disqualification

  
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  KARACHI, April 17: A three-member election appellate tribunal set up in the Sindh High Court on Wednesday issued notices to the Election Commission of Pakistan and others in 10 constitutional petitions against the decisions of the SHC’s election tribunal that disposed of as many as 241 election appeals against the ...
  4 weeks ago

• Federal Appeals: Tips And Hints

  
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  Earlier this week, the Hawaii State Bar Associations Appellate Law Section put on a one-hour MCLE session on federal appeals featuring Ninth Circuit Judge Richard Clifton, our Damon Key colleague Mark M. Murakami , and Claire Connors (Davis Levin). While you can no longer earn MCLE credits (next time, attend in ...
  4 weeks ago

• Ninth Circuit: No Penn Central Taking In Rent Control Ordinance

  
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  This just in: the Ninth Circuit has issued an opinion in  MHC Financing Ltd Pship v. City of San Rafael , No. 07-15983 (Apr. 17, 2013), reversing the District Courts decision that the citys mobilehome rent control ordinance was a taking under Penn Central . More, after a chance to review the opinion. ...
  4 weeks ago

• Sorry, Property Owners. Supreme Court Just Not That Into You

  
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  When the cert petition was filed in Ilagan v. Ungacta , No. 12-723 (cert. petition filed Dec. 7, 2012), we wrote that the case seemed like a good vehicle for the U.S. Supreme Court to revisit the pretext-in-eminent-domain issue it teased us with in Kelo , especially the part about the taking being part of a ...
  4 weeks ago

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