Attorney at Work

JUNE 23, 2022

Understandably, few attorneys want to talk about their experience with the disciplinary process, even though it’s not as rare as some might think. My home state, Iowa, has disciplined an average of 68 attorneys (just under 1% of the number of practicing attorneys in the state) each year over the past decade.

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SCOTUSBlog

OCTOBER 22, 2021

Iowa and other states prohibit texting while driving but allow cellphone usage for other purposes, such as navigation. Iowa , police officers pulled Struve over after observing Struve using a cellphone – for an unidentifiable reason – for 10 seconds while driving. In Steven Struve’s case, Struve v. Lamoureux v.

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SCOTUSBlog

FEBRUARY 23, 2022

Court of Appeals for the 5th Circuit ruled that his action was untimely because more than two years – the applicable statute of limitations – had run since the state trial court in 2014 denied his request for DNA testing. Issue : Whether the statute of limitations for a 42 U.S.C. That’s all for this week. Until next time, stay safe !

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The Crime Report

APRIL 21, 2022

My defense attorney knew the story but decided not to pursue any “stand your ground” strategy. The trial judge didn’t bring it up, and no instructions were given to the jury at my trial regarding the relevance of the statute to my case. The “Stand Your Ground” law failed me.

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SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Iowa — and otherwise commandeering state courts and state agencies to carry out a federal child-placement program. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

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SCOTUSBlog

DECEMBER 10, 2021

Court of Appeals for the 8th Circuit decision upholding a similar Iowa law concerning agricultural facilities. Kelly further claims a circuit split on this issue, including with reference to a U.S. The case is Kelly v. Animal Legal Defense Fund. These and other petitions of the week are below: CLMS Management Services Limited Partnership v.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Iowa Citizens for Community Improvement v.

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SCOTUSBlog

JANUARY 12, 2022

McDonough , 21-234 : Whether, when the Department of Veterans Affairs denies a veteran’s claim for benefits based on an agency interpretation that a court later deems inconsistent with the plain text of the governing statute is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision. 7 conference).

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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JonathanTurley

AUGUST 15, 2022

That is why Attorney General Merrick Garland should call for its unsealing. Nevertheless, then-FBI Director James Comey declared that “although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.”.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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