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Share The Supreme Court will hear oral arguments on Feb. 24 in the case of a man on Texas death row who has long tried to obtain postconviction DNA testing on evidence that he says would exonerate him. Now the Supreme Court will weigh in. Gutierrez was convicted of capital murder in 1999 and sentenced to death.
A Texas federal district judge issued a preliminary injunction on Wednesday that ordered Texas to move its floating barrier from the Rio Grande’s main waters to the riverbank. ” Thus, Ezra concluded that the US demonstrated a “substantial likelihood of success” that Texas violated the act. .”
The US Court of Appeal for the Fifth Circuit blocked an appeal Friday from Texas gun owners and state Attorney General Ken Paxton seeking judicial approval of a Texas gun law that exempts the state from federal firearm silencer regulations.
Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Rivkin Jr. & & Elizabeth Price Foley, The Wall Street Journal) The post The morning read for Tuesday, Oct. 15 appeared first on SCOTUSblog.
The Ninth Circuit Court of Appeals affirmed a lower courtdecision on Monday rejecting an environmental challenge to the Deferred Action for Childhood Arrivals (DACA) program. The ruling comes just days after a district court in Texas found that the entire DACA program was unlawful.
District Court for the Northern District of Texas says one way that preventive services are selected for the no-cost coverage is unconstitutional. A key part of the ruling by Judge Reed O’Connor of the U.S.
The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district courtdecision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is hitting its stride in sorting through the relists. The court also agreed to take up a twice-relisted challenge to Colorados ban on conversion therapy.
The ability to “judge shop” is the primary reason patentees once flocked to the Marshall Division of the Eastern District of Texas to file their infringement suits and are now flocking to the Waco Division of the Western District of Texas, where they’re guaranteed to have their case assigned to Judge Alan Albright.
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.
Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.
Abbott’s ban on school mask mandates back in effect after Appeals Courtdecision; U.S. Court of Appeals for the Fifth Circuit at this link. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report.
Parents Advocating for Safe Schools (PASS), an association of Minnesota parents, filed suit against the state of Minnesota and Governor Timothy Walz, asking the court to order Walz to impose a statewide mask requirement for all public schools. Pass also asked the court to issue a temporary restraining order compelling Walz to require masks.
“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S.
Texas presents yet another installment in the decades-long conflict between state gambling regulators and Native American tribes. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Share Tuesday’s argument in Ysleta del Sur Pueblo v. Cabazon Band of Mission Indians.
An increasing number of Americans now believe US Supreme Courtdecision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.
Share Wednesday’s decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that reside there. Justice Neil Gorsuch’s opinion for the court squarely rejects that understanding.
The judge’s ruling mentioned the Supreme Courtdecision in Burwell v. Hobby Lobby multiple times, which said that the chain of stores did not have to cover contraception since it violated the RFRA. .
Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . In one recent case, a Texas federal judge ruled that the Constitution allows 18-to-20-year-olds to carry handguns outside for protection.
Having received guidance from the Texas Supreme Court that Amazon cannot be held liable for third-party products that are shipped and fulfilled by Amazon, but not manufactured by the company under its brand, the Fifth Circuit on Tuesday reversed a lower court'sdecision that Amazon is a "seller" under the state's law.
The Texas Supreme Court on Friday reversed a lower appellate court'sdecision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.
Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. The Supreme Court ruled in 2002 in Atkins v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. That’s all for this week.
On January 21, 2023, he hanged himself on death row at the Polunsky Unit in Livingston, Texas. Andrus’ decision to end his own life rather than allow the State of Texas to take it came roughly six months after the U.S. In its June 2020 decision , the U.S. That did not end his tragic story.
This bill, signed by the Governor, fixes a problem with the provisions of the Texas Business and Commerce Code that grant a security interest in oil and gas production and proceeds to secure the payor’s obligation to pay royalty owners. I have written about this problem before. SB 1259.
The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v.
You can read it in police files and court records, case notes and daily logs.”. Despite being incarcerated in a Texas prison for the past two and a half decades, it was startling to me that a prison system in this country could toss away a child like Ian—and expose him to the harsh realities of an adult prison. Supreme Court agreed.
On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court'sdecision, (which we previously wrote about here), which nixed the plaintiff's $740 million trade secret win at trial.
Share The Supreme Court on Wednesday morning granted three more cases from the justices’ private conference last week. In March, the Supreme Court asked the federal government for its views on whether Congress has the power to authorize lawsuits against states, even without their consent, pursuant to its war powers. In Torres v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The only catch?
Just three days before a Texascourt stayed the execution of Melissa Lucio , Carl Wayne Buntion was put to death in the same state. On April 22, Buntion, 78, the oldest inmate on Texas’ death row, was the first person executed in the state this year. Photo courtesy Texas Department of Criminal Justice. Carl Buntion.
She contacted the Minneapolis police officer at the scene and shifted blame to Mohamud and her friends, according to court documents. Because of Weyker’s statements, which one court described as “ lies and manipulation ,” Mohamud and her friends were arrested on suspicion of tampering with a federal witness. Supreme Court.
Share The Supreme Court will kick off its November argument session with the highest-profile cases of that session: challenges to the consideration of race in the admissions process at Harvard and the University of North Carolina. The court moved Mallory v. Brackeen , Texas v. President and Fellows of Harvard College on Oct.
Supreme Court next term. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v. Meanwhile, the Texas law, H.B. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury.
A recent Texas Supreme Courtdecision on pipeline eminent domain, Hlavinka v. HSC Pipeline : The Hlavinka family own some 13,000 acres in Brazoria County, Texas, situated near the Texas Gulf Coast directly between refinery and industrial centers.
” The Fort Worth Court of Appeals used the term in an opinion that has caused quite a stir in legal circles. The Fort Worth Court’s opinion, in City of San Francisco, et al. The defendants moved to dismiss Exxon’s Rule 202 petition on the ground that the court had no personal jurisdiction over them.
On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. ” As the court explained, In simple terms, Sec.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In Monday’s orders , the Supreme Court disposed of three relists. To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v.
Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.
Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. In a prior decision, Martin v.
I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. In the Texas presentation, I covered some of the many other copyright issues that are on the horizon, many of which we have written about in the pages of this blog. webcasting and Internet radio).
Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.
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