JURIST

FEBRUARY 11, 2022

Arizona Senate committee members voted Thursday to advance two election reform bills which would prohibit the use of drop boxes and add a precinct tally requirement prior to county tallying. The new section, 16-567, would be inserted into the statute to prohibit the use of drive-up voting and drop boxes.

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The Crime Report

JUNE 2, 2021

In a statement, the Arizona Department of Corrections, Rehabilitation and Reentry said it was “prepared to perform its legal obligation and commence the execution process as part of the legally imposed sentence, regardless of method selected.” In Arizona, where 115 inmates are on death row, hydrogen cyanide has been deployed before.

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Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS FURTHER ORDERED beginning on the effective date of this Order, all other eviction cases shall be processed solely under Arizona statutes and rules, except as provided herein. Drain - Phoenix Arizona Bankruptcy Attorney. PLEADINGS.

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Calendaring Statute Court Cause of Action 104

SCOTUSBlog

MAY 23, 2022

David Martinez Ramirez and Barry Lee Jones, both of whom were sentenced to death in Arizona, argued that rigid application of the statute would lead to the absurd result of prisoners being able to raise a claim, but not to develop any evidence to support it, undermining the rationale of Martinez.

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Lawyers Lawyer Court Statute 114

Paralegal Bootcamp

JULY 28, 2022

In some jurisdictions (like Arizona), the jurors are sent questions to answer. is to know your local rules and statutes. Mary Katherine Mayer is a NALA Advanced Certified Paralegal in Criminal Litigation and the Recording Secretary for the Arizona Paralegal Association. Knowing the Rules of Evidence. Meet the Author.

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SCOTUSBlog

MARCH 17, 2023

Meanwhile, the water level at Lake Powell, the massive reservoir created by the Glen Canyon Dam on the Utah-Arizona border, is at historic lows, threatening its ability to generate power. The federal government and the states of Arizona, Colorado, and Nevada, which intervened below, successfully sought Supreme Court review.

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JURIST

MARCH 17, 2022

The Northern District Court of California Tuesday ruled that Major League Baseball (MLB) violated Arizona and Florida state minimum wage laws when not paying minor leaguers during spring training, instructional leagues, or extended spring training. Chief Magistrate Judge Joseph C.

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SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? The question raised in Shinn v. Roberts replied, “That’s a lot of prescience to ascribe to Congress.”.

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SCOTUSBlog

MARCH 28, 2022

The new cases involve a challenge to an animal-welfare law in California, a death-penalty issue in Arizona, and a copyright dispute over an Andy Warhol work. Arizona , the justices agreed to take up the case of a death-row inmate in Arizona who had asked the justices to weigh in on a dispute over whether Lynch v.

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SCOTUSBlog

MARCH 23, 2022

For many years thereafter, the Arizona Supreme Court refused to apply Simmons. That court believed that Arizona’s sentencing law was sufficiently different from the others the Supreme Court had considered that Simmons did not apply. Arizona , 21-846 , and Burns v. The Arizona Supreme Court denied Cruz’s claim.

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SCOTUSBlog

NOVEMBER 4, 2022

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The general federal jurisdiction statute ( 28 U.S.C. Axon has been mired in FTC investigations and proceedings since it purchased a competitor in 2018.

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Statute Entertainment Court Administrative Law 124

Diane Drain

JANUARY 3, 2021

CFPB Sues Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp for Collecting Debts Beyond Statute of Limitations without disclosing debts were uncollectable, and other illegal acts. Drain - Phoenix Arizona Bankruptcy Attorney. and Asset Acceptance Capital Corp. – Diane L.

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LawSites

JULY 27, 2022

During a question-and-answer session following her speech, I asked her about the stalled efforts to bring about reform in California and what the Supreme Court could do to move the issue forward, particularly in light of the leading roles taken by the supreme courts of Arizona and Utah to bring about reforms in those states.

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

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SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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SCOTUSBlog

NOVEMBER 3, 2023

Established in 1871, the San Carlos Apache Indian Reservation spans 2,800 square miles in southeastern Arizona and is home to nearly 11,000 people. Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care.

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SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Navajo Nation and Arizona v. Arizona , 21-1553. Navajo Nation. New Relists.

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Government Construction Court Statute 116

SCOTUSBlog

NOVEMBER 2, 2021

Mark Brnovich is the attorney general of Arizona. “… the right of the people to keep and bear arms shall not be infringed.”. For this reason, any state statutes containing widespread prohibitions or overly burdensome regulations on the concealed carry of firearms must be immediately questioned. A preview of the case is here.

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SCOTUSBlog

MAY 23, 2022

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. In Ramirez’s case, Arizona did not object to the evidentiary hearing in the district court and did not raise AEDPA’s bar on developing new evidence until the case reached the U.S.

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SCOTUSBlog

SEPTEMBER 29, 2023

Board of Governors of the Federal Reserve System , the justices agreed to decide when the six-year statute of limitations to challenge an action by a federal agency begins to run: Is it when the agency issues the rule, even if the plaintiff has not yet suffered any injury from the action; or is it instead when the plaintiff is actually injured?

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SCOTUSBlog

OCTOBER 22, 2021

Issue : Whether a statute that criminalizes speech intended to annoy or offend is unconstitutionally overbroad under the First Amendment. Tekoh concerns a plaintiff’s ability to bring a lawsuit for a constitutional violation under 42 U.S.C. Lamoureux v. Bethany Hospice and Palliative Care LLC. Disclosure : Goldstein & Russell, P.C.,

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Diane Drain

MARCH 15, 2021

It is possible that a court may construe section 6428B as a separate statute and therefore not a recovery rebate “under section 6428.” Drain - Phoenix Arizona Bankruptcy Attorney. COVID-19 SCAMS – WARNINGS FROM FTC. The post You will not lose your 2021 Stimulus Payments if you File Bankruptcy (Maybe?) appeared first on Diane L.

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Constitutional Law Reporter

NOVEMBER 28, 2022

Arizona: In this death penalty case, the justices will decide whether the Arizona Supreme Court’s ruling that a state rule of criminal procedure barred the defendant, John Cruz, from obtaining relief is an adequate and independent state-law ground for the judgment against him. .

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Constitutional Law Statute Education Court Rules 52

Diane Drain

APRIL 3, 2021

That statute made a number of additional temporary changes to the Bankruptcy Code, all of which, by their terms, expire either one year or two years after the changes became effective. Drain - Phoenix Arizona Bankruptcy Attorney. This debt limit was increased to $7.5 Changes Under the Consolidated Appropriations Act of 2021.

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Small Business Statute Contract Attorney 104

SCOTUSBlog

FEBRUARY 26, 2022

Specifically, the statute calls for differential pay when a reservist is “perform[ing] active duty in the uniformed services pursuant to a call or order to active duty under … a provision of law referred to in [10 U.S.C. §] 101(a)(13)(b).” Customs and Border Protection and as a technical sergeant in the Arizona Air National Guard.

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SCOTUSBlog

JUNE 27, 2022

Arizona does not provide a basis for civil damages under 42 U.S.C. Share On Thursday, the Supreme Court released its opinion in Vega v. Tekoh , in which a 6-3 court held that a violation of Miranda v.

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Diane Drain

DECEMBER 31, 2020

However, the statute also says such PPP loans will be available only if the SBA Administrator sends a letter to the Director of the Executive Office for United States Trustee acquiescing to PPP loans in bankruptcy. Drain - Phoenix Arizona Bankruptcy Attorney. The CAA amends the Bankruptcy Code to permit PPP loans to certain debtors.

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SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Arizona , 21-1553. Natural Resources Defense Council, Inc. 28 and Oct. 7 conferences). Khorrami v.

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LawSites

DECEMBER 29, 2021

Earlier this year, for an episode of my LawNext podcast, I interviewed Arizona Supreme Court Vice Chief Justice Ann A. I asked her if Utah and Arizona were the first dominoes that would set off a chain reaction of other states following suit. Her answer was optimistic. The wheels were already in motion, she was effectively saying.

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SCOTUSBlog

APRIL 25, 2022

Arizona allows a plaintiff to sue for money damages under 42 U.S.C. Thomas asked if Dickerson held that Miranda cannot be displaced by a federal statute, why is Miranda not a constitutional right, actionable under Section 1983? Share On Wednesday, the Supreme Court considered whether a violation of Miranda v. Stated thusly?

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ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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Construction Government Legal Legal 122

SCOTUSBlog

OCTOBER 5, 2023

Jones , our last case, is a petition filed by Arizona arguing that the 9th Circuit erred in granting habeas relief to Danny Lee Jones on the ground that he received constitutionally ineffective assistance at his trial for beating two people to death. Thornell v. People for the Ethical Treatment of Animals, Inc. , relisted after the Sept.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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JURIST

MARCH 7, 2025

Maricopa County Superior Court of Arizona ruled Wednesday that Arizona’s abortion ban after 15 weeks of pregnancy was unconstitutional and permanently enjoined Arizona employees from enforcing the abortion ban. Arizona Attorney General Kris Mayes stated she would “not enforce it even if the court upheld the ban.”

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SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Dickerson put the kibosh on an unconstitutional federal statute that, effectively, sought to overrule Miranda. Share Miranda v. 3) Goodbye, Miranda ? 4) Proximate cause says what?

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Broadcast Law Blog

SEPTEMBER 19, 2022

The FCC’s Media Bureau issued an Order granting the license renewal of an FM station is Arizona for only one year, instead of the normal eight year period, because the station had been silent for extended periods.

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