JURIST

NOVEMBER 8, 2022

Six states in the US allow for trials before six or eight-person juries in felony cases: Arizona, Connecticut, Florida, Indiana, Massachusetts and Utah. This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Court ruling in Williams v.

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Felony Court Court Rules Criminal Law 249

JURIST

SEPTEMBER 30, 2022

The state attorneys generals of Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina alleged in a federal Missouri court that Biden’s federal student loan forgiveness plan is unauthorized and poses economic harm to working class individuals. Both lawsuits ask the court to immediately halt implementation of the plan.

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Education Court Rules Court Attorney 211

JURIST

DECEMBER 20, 2022

The US Court of Appeals for the Fifth Circuit Monday affirmed a preliminary injunction from the District Court for the Western District of Louisiana blocking the White House’s COVID-19 vaccine mandate for federal contractors. The ruling results from a 2-1 decision from the three-judge panel.

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Court Contract Court Rules Attorney 197

SCOTUSBlog

DECEMBER 11, 2020

Shortly after the justices denied his appeal, Bourgeois was put to death by lethal injection at the federal prison in Terre Haute, Indiana. The Supreme Court ruled in 2002 in Atkins v. Court of Appeals for the 7th Circuit reinstated his execution in October. He was pronounced dead at 8:21 p.m. A panel of the U.S.

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Court Rules Government Court Court Decisions 145

The Crime Report

SEPTEMBER 8, 2021

In 1976, the Supreme Court ruled in Estelle v. In recent months, prison uprisings in California, Missouri and Indiana have drawn attention to the medical neglect, abusive guards and prolonged isolation that pervades prisons.

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Healthcare Court Rules Court 105

The Crime Report

APRIL 26, 2021

The Supreme Court agreed on Monday to hear an appeal to expand gun rights in the United States in a New York case over the right to carry a firearm in public for self-defense, marking the court’s first foray into gun rights since Justice Amy Coney Barrett came on board in October, making a 6-3 conservative majority, reports the Chicago Tribune.

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Court Court Rules Laws 52

SCOTUSBlog

OCTOBER 29, 2021

Two lower courts ruled against them, prompting the workers to seek emergency relief at the Supreme Court last week. ” The court has turned away other emergency challenges to COVID vaccine mandates recently. Refusing to grant religious exemptions, he wrote, “borders on the irrational.”

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Court Court Rules Government Laws 136

JURIST

APRIL 5, 2024

On Thursday, the Indiana Court of Appeals largely affirmed an injunction the trial court had placed on the state’s near-total abortion ban. The Court of Appeals ruling will send the lawsuit back to the trial court to narrow the effect of the trial court injunction. The vote was unanimous.

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Court Court Rules Litigation Litigating 118

Attorney at Work

MAY 31, 2022

The court ordered additional briefings, but the lawyer then missed multiple deadlines, claiming earlier orders were lost among numerous notifications on his mobile phone. The Solution: Integrated Court Rules. Today law firms have multiple options for automated rules and calendar management.

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Calendaring Court Lawyer Lawyers 127

The Crime Report

JULY 28, 2021

police departments is behind an “aggressive” effort to prevent changes in use-of-force standards, according to a forthcoming paper in the Indiana Law Journal. By rejecting policies like de-escalation and rules prohibiting chokeholds?strategies A little-known private consulting firm that drafts policies for thousands of U.S.

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Drafting Government Laws Court Rules 119

JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The plaintiffs contend that the mandate violates the First Amendment of the US Constitution.

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Court Statute Laws Healthcare 208

JURIST

DECEMBER 15, 2020

The US Supreme Court refused to hear a case Monday that sought to reverse a lower court ruling allowing same-sex couples to be listed as birth parents on a child’s birth certificate. Hendersen , was appealed from the US Court of Appeals for the Seventh Circuit. The case, Box v.

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Court Legal Legal Court Rules 223

At the Lectern

APRIL 28, 2022

subdivision (c) and rule 8.392(b) of the California Rules of Court, or whether the matter should be remanded to the superior court so it may in the first instance decide whether the petition or its claims are successive under section 1509, subdivision (d), and if so whether to issue a certificate of appealability under section 1509.1,

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Court Statute Court Rules Attorney 49

SCOTUSBlog

OCTOBER 4, 2022

Arizona he asks the Supreme Court to overrule a 1970 precedent holding that states can use juries as small as six jurors to try defendants for felonies. Currently, six states provide for criminal juries of six or eight jurors: Arizona, Connecticut, Florida, Indiana, Massachusetts, and Utah.

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Construction Statute Felony Court 101

JonathanTurley

JUNE 16, 2021

There is an interesting lawsuit out of Indiana where Indianapolis Metro Police Department Officer De’Joure Mercer is suing the National Football League (NFL) for defamation after the NFL claimed that his shooting of an African American man was due to “systemic racism.” Screenshot from federal complaint.

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Tort Felony Court Laws 41

SCOTUSBlog

JULY 15, 2022

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read: Indiana asks Supreme Court to speed process so state can put its strict abortion law into effect (Ariane de Vogue, CNN). Farah, E&E News).

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Court Rules Court Laws 92

JonathanTurley

OCTOBER 25, 2021

.” The health care workers can refile if circumstances change or if the appellate court rules against them. They also can refile if the lower court has not reached a decision by Oct. He cited the Supreme Court’s 1905 ruling in Jacobson v. 29, when the vaccine requirement is scheduled to go into effect.

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Government Court Laws Law School 42

The Crime Report

SEPTEMBER 7, 2023

The North Carolina Court of Appeals issued a ruling Tuesday that a man should not lose his parental rights because of strict parole conditions imposed by another state. In 2014, the father, who is not named in the opinion, was convicted of two felonies involving sexual conduct with a 14-year-old in Indiana.

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Court Rules Court Felony Legal 52

The Crime Report

JANUARY 4, 2023

In one exchange, Harpster told Lewis that he had spent two hours on the phone with some officers and a prosecutor in Indiana. But when prosecutors cross the line and intentionally circumvent court rules for evidence standards, he said, that’s cause for concern. Riley said again and again that he thought his brother was dead.

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Attorney Court Laws Education 98

SCOTUSBlog

JANUARY 18, 2024

(Jess Bravin, The Wall Street Journal) The ‘Sleeping Giant’ Case that Could Upend Jack Smith’s Prosecution of Trump (Kimberly Wehle, Politico) Maine judge delays Trump ballot decision until Supreme Court ruling (Patrick Marley, The Washington Post) Supreme Court lets win stand for trans student in Indiana bathroom ban case (Chris Geidner, Law Dork) (..)

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Court Rules Court Laws 88

SCOTUSBlog

JANUARY 15, 2021

The issue was a technical one: whether the government was permitted to administer Higgs’ execution in accordance with the law of Indiana, even though Higgs was convicted in Maryland and his sentencing order did not specify that he could be executed under Indiana law. Procedurally, the court’s ruling was highly unusual.

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Government Court Legal Legal 144

JURIST

OCTOBER 25, 2024

In one widely publicized case , a young girl, a victim of sexual assault, had to travel to Indiana for care, fuelling local support for enshrining reproductive rights in Ohio’s constitution. Attorney General Dave Yost acknowledged in court filings that the amendment rendered the ban unconstitutional but has indicated plans to appeal.

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Attorney Court Rules Court Laws 232

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys.

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Tort Litigation Litigating Construction 43

The Crime Report

MAY 4, 2022

Even as Americans anticipate a Supreme Court ruling striking down Roe v. We can expect things to get worse if the Court rules as t he leak this week suggested it will. Supreme Court strikes down Roe v. In Indiana, in 2015, Purvi Patel was sentenced to 20 years in prison for feticide. If the U.S.

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Court Rules Attorney Court Laws 132

SCOTUSBlog

DECEMBER 3, 2021

In early November, the district court ruled that UNC’s use of race in admissions was consistent with Supreme Court precedents. The non-profit has now also filed a petition in a challenge to the University of North Carolina that it hopes can serve as a companion to the Harvard case. The case is Does v.

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Healthcare Tort Education Court 95

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Mayor & City Council of Baltimore v. BP p.l.c. , BP p.l.c. ,

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Litigation Litigating Court Laws 40

JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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Lawyers Lawyer Government Court Rules 7

JonathanTurley

FEBRUARY 19, 2021

Ohio, the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. The Supreme Court still overturned the conviction. The reason is that while the crime is not clear, the case law is.

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Real Estate Attorney Legal Legal 35

JURIST

FEBRUARY 12, 2024

Diego Morales, the Indiana Secretary of State supporting the petitioner, emphasized that he believed that “the American people should choose who their next leader is, not the court.” If somebody is powerful, if somebody is popular, then we don’t have rule of law anymore.”

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Court Court Rules Legal Legal 213

JonathanTurley

MARCH 31, 2021

In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. The Supreme Court still overturned the conviction. The court has consistently rejected these types of arguments as a threat to free speech in our society.

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Punitive Damages Tort Statute Court 45

JonathanTurley

FEBRUARY 21, 2022

The Supreme Court has repeatedly rejected such liability despite the use of inflammatory or even violent words. Ohio , the Supreme Court ruled that even a Ku Klux Klan leader calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”

Litigation 37

Litigation Litigating Court Court Rules 37

JonathanTurley

NOVEMBER 18, 2023

While I am a critic of Trump’s speech and actions on that day, I still believe that the the court is completely wrong on the First Amendment. The Supreme Court nevertheless overturned his conviction. In Brandenburg v. Likewise, in Hess v.

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Court Court Decisions Court Rules Legal 65

The Crime Report

MARCH 30, 2022

Since 2005, “appellate courts have shown an increasing tendency to grant immunity in excessive force cases,” according to a Reuters investigation. Appellate courts ruled in favor of police receiving qualified immunity in 57% of reviewed cases involving allegations of excessive use of force between 2017 and 2019, the report showed.

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Laws Court Rules Government Court 98

JonathanTurley

JANUARY 6, 2022

They knew that a court would throw out such an indictment and, even if they could find a willing judge, any conviction would be thrown out on appeal. The Supreme Court nevertheless overturned his conviction. In Brandenburg v. Likewise, in Hess v.

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Attorney Legal Legal Court 38