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Justices decline to reinstate Ohio man’s attempted murder conviction

SCOTUSBlog

The state trial court rejected that motion, and he was convicted. In his dissent from the denial of review, Thomas castigated the 6th Circuit for failing to give the state appeals courts decision the kind of substantial deference it deserved under the federal law governing state prisoners requests for post-conviction relief.

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Justices take up double jeopardy case

SCOTUSBlog

The justices once again did not act on several high-profile petitions for review, including a challenge to Marylands ban on military assault-style weapons and Rhode Islands ban on large-capacity magazines. The announcement that the court had granted review in Barrett v.

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Justices consider next steps in murder case in which prosecution admits error

SCOTUSBlog

As is frequently the case when the court denies review in cases that have been relisted repeatedly, denial occasioned dissent, this time from Justice Clarence Thomas, joined by Justice Neil Gorsuch. Relisted after the Jan. 28 and Mar. 7 conferences.) Relisted after the Jan. 28 and Mar. 7 conferences.)

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Restitution, medical malpractice, and a capital appeal

SCOTUSBlog

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Court decisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence. 21 and Feb.

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More Venue and Corporate Games: This time with ANDA filing

Patently O

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. The FDA is headquartered in Maryland, and that was the office that received the ANDA documents. and probably also in Maryland, but not in N.J. Celgene Corp. Mylan Pharma ( Fed.

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Justices dismiss “civil rights tester” case

SCOTUSBlog

In her view, before a court invalidates the lower court’s decision on fairness grounds, the party seeking to have the decision invalidated ‘must explain what harm — other than having to accept the law as the lower court stated it — flows from the inability to appeal the lower court decision.”

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4th Circuit En Banc Judgment Affirms District Court Decision in Best Price Stacking Case

FDA Law Blog

Kirschenbaum — In November 2020, we blogged about a decision by the Federal District Court of Maryland dismissing a Federal False Claims Act (FCA) qui tam suit alleging that Forest Laboratories knowingly reported inflated best prices under the Medicaid Drug Rebate Program (MDRP), resulting in underpayment of rebates.