HowAppealing

FEBRUARY 2, 2023

“Domestic Abusers Have Gun Rights Too, US Appeals Court Rules; Court vacates conviction of Texas man tied to five shootings; Ruling is latest fallout from US Supreme Court landmark ruling”: Erik Larson of Bloomberg News has this report. Court of Appeals for the Fifth Circuit at this link.

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JURIST

JUNE 15, 2021

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.

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JURIST

JUNE 25, 2024

The Oklahoma Supreme Court ruled Tuesday that the creation of a publicly-funded religious charter school, S t. The court said the St. Isidore contract violated the Establishment Clause of the First Amendment of the US Constitution, which says the government “shall make no law respecting an establishment of religion.”

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JURIST

APRIL 16, 2024

The US Supreme Court Monday declined a petition for a writ of certiorari filed by Black Lives Matter organizer DeRay Mckesson, effectively allowing him to be sued by a Louisiana police officer for negligence. ” Both the district court and the Fifth Circuit looked to NAACP v. .” The case at bar, DeRay Mckesson v.

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SCOTUSBlog

MARCH 10, 2023

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.

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JURIST

NOVEMBER 3, 2022

According to the author of Proposal 2, Vermont constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Additionally, the Vermont Supreme Court ruled in 1802 that once crossed over into Vermont, a slave contract from another state was unenforceable. Vermont has always prohibited slavery.

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SCOTUSBlog

MAY 20, 2022

Louisiana , the Supreme Court ruled that states could only convict defendants of serious offenses with a unanimous jury verdict. Law firm asks justices to consider the scope of attorney-client privilege for dual-purpose documents. Issue : Whether the Supreme Court’s decision in Ramos v. In Ramos v. In Centeno v.

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SCOTUSBlog

JANUARY 24, 2025

Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.

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The Crime Report

MAY 18, 2021

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. In Miller v. Four years later, in Montgomery v. Photo courtesy Mississippi Department of Corrections.

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TypeLaw Briefing Insights

JANUARY 21, 2025

Any day declared a holiday by the President or Congress, such as the recent National Day of Mourning for former President Jimmy Carter, is considered a Legal Holiday for the purpose of computing time in the federal court filings. And, as weve detailed in other blog articles, federal rules and local rules can differ widely.

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JonathanTurley

MARCH 10, 2023

The conflict of interest contravenes a number of provisions in the Louisiana Code of Judicial Conduct , including Canon 1 requiring judges to uphold the independence and integrity of the court system. It also contravened Canon 2 in failing to “avoid Impropriety and the appearance of impropriety in all activities.”

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Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. While plaintiff asserted that he relied on advice from an out-of-state attorney and was acting pro se when the notices were sent, the Court ruled that this did not constitute extraordinary cause. Plaintiff thereafter filed this HCLA suit.

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JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. ” Texas Governor Greg Abbott criticized the ruling, saying , “This decision is outrageous. SCOTUS [the Supreme Court] gives the Biden Admin.

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SCOTUSBlog

AUGUST 12, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, what test courts should use to determine whether a sentencing delay violates due process. In 1997, the state of Louisiana charged Nathaniel Lambert with three aggravated crimes: burglary, rape, and “crime against humanity.” In Lambert v.

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HowAppealing

JUNE 23, 2022

“In Louisiana, an abortion clinic anxiously waits for a U.S. Supreme Court ruling; Louisiana’s ‘trigger law’ could immediately ban abortion if Roe is overturned”: Julie O’Donoghue and Piper Hutchinson of the Louisiana Illuminator have this report.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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HowAppealing

NOVEMBER 20, 2024

“Louisiana’s Ten Commandments in classrooms law remains on hold, 5th Circuit rules”: Greg LaRose of Louisiana Illuminator has this report. Kevin McGill of The Associated Press reports that “ Court ruling stops Louisiana from requiring Ten Commandments in classrooms for now.”

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The Crime Report

JULY 13, 2022

His case ended up before the Supreme Court, which issued a 7–2 decision against Scott. ” The Court held that black men and women, free or slaves, were not American citizens. Forty-two years later, in another embarrassing moment for the High Court, a seven-justice majority ruled, in Plessy v. Supreme Court.

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JURIST

JUNE 28, 2022

.” This order comes after the US Supreme Court ruled to overturn Roe v. Wade , a 50-year-old ruling, through holding in Dobbs v. Additionally, judges in other states, such as Louisiana , have blocked the enforcement of abortion ban laws in their states.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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SCOTUSBlog

OCTOBER 26, 2022

Judge Priscilla Richman wrote separately to say that although “there is undeniably a split among circuit courts” on this issue, Dubin’s actions came within the statute’s literal prohibition against “us[ing], without lawful authority, a means of identification of another person.”. Louisiana , 21-993. relisted after the Oct.

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SCOTUSBlog

DECEMBER 30, 2020

10, the court ruled unanimously in favor his clients. “I And he’s got a box of markers and Black’s Law Dictionary there.”. Lien sketched Louisiana Solicitor General Elizabeth Murrill, who faced off against Bélanger in Edwards v. Louisiana Solicitor General Elizabeth Murrill, Edwards v. Doe I (Dec. Vannoy (Dec.

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JURIST

APRIL 12, 2024

The bill explains, however, that individuals with “intersex conditions” or “differences in sex development” must be accommodated in compliance with state and federal law. Alabama is one of 23 states , including Louisiana and Texas , that have enacted laws criminalizing gender-affirming care for transgender minors.

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The Crime Report

JULY 14, 2022

The debate is only just beginning, but there is one area that has still received relatively little attention: how should law enforcement respond to the new abortion landscape? However, here is the key question: Is it moral for a police officer to refuse to enforce such a law? Already in the U.S.

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SCOTUSBlog

OCTOBER 13, 2022

Fitisemanu and the Tulis argue that the 14th Amendment, adopted after the Civil War, embraced the founding-era common-law understanding of birthright citizenship. Louisiana , 21-993. United States asks the justices to overrule the Insular Cases and grant birthright citizenship to people born in American Samoa and the other U.S.

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SCOTUSBlog

NOVEMBER 2, 2022

Amgen argues that the Supreme Court has held that whether a patent satisfies the “enablement” requirement is a jury question, and argues that the U.S. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. Louisiana , 21-993.

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The Crime Report

DECEMBER 21, 2023

Simmons has maintained his innocence, saying he was in Louisiana at the time of the 1974 slaying of Carolyn Sue Rogers inside an Edmond liquor store. Supreme Court rulings related to capital punishment. He and co-defendant Don Roberts were both convicted in 1975 of the murder and initially sentenced to death.

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SCOTUSBlog

OCTOBER 4, 2022

Louisiana , the Supreme Court overruled precedent from the 1970s upholding nonunanimous verdicts in criminal cases. The court there wrote that the Constitution provides a defendant the “right to demand that his liberty should not be taken from him except by … the unanimous verdict of a jury of twelve persons.”

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SCOTUSBlog

SEPTEMBER 1, 2021

Share Mary Ziegler is a law professor at Florida State University and the author of Abortion and the Law in America: Roe v. Casey in 1992, the hallmark of the Supreme Court’s jurisprudence has been an effort to take the abortion issue seriously. In some ways, the court’s inaction can tell us only so much about the fate of Roe v.

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The Crime Report

AUGUST 9, 2023

It was at this point that the Syed case took one of the most bizarre turns in the annals of law. The constitutional Rule of Law is more important—dare it be said more sacred—than any revenge-seeking interests a crime victim or a crime victim’s survivor may have in determining how the Rule of Law should be applied.

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SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation.

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The Crime Report

JANUARY 4, 2023

It can be next to impossible to see how law enforcement — in league with paid, self-styled “experts” — spreads new, often unproven methods. The system is at its most opaque when prosecutors know evidence is unfit for court but choose to game the rules, hoping judges and juries will believe it and vote to convict. I was wrong.

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The Crime Report

AUGUST 12, 2022

Their cases are about the failure of justice in the Louisiana criminal justice system. I know Louisiana justice. Both were committed to the Louisiana prison system with life sentences. Henry was committed to the Louisiana State Penitentiary when the prison—more commonly known as Angola—was the “bloodiest prison in America.”.

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SCOTUSBlog

NOVEMBER 7, 2022

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of the laws it administers if those laws are ambiguous. A state appeals court ruled that Anthony had not received a fair trial. Echoing his opinion earlier this year in Kennedy v. Emphasizing that the U.S.

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SCOTUSBlog

MAY 17, 2021

Share The Supreme Court on Monday set the stage for a major ruling next year on abortion – one that could upend the Supreme Court’s landmark decisions in Roe v. Casey , in which the court ruled that the Constitution protects the right to have an abortion before a fetus becomes viable. Wade and Planned Parenthood v.

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