In Hollywood, there’s a star on the Walk of Fame. In sports, there’s the immortality of a retired jersey. In law, bobbleheads are the benchmark of success. The Green Bag, an “entertaining” law journal, has produced fifteen Supreme Court bobbleheads… Click through to continue reading this post on FindLaw.com…
Oregon Sheriff Mike Winters, like the Winklevoss twins, is not one to give up on a losing case. Winters, of Jackson County, has been arguing since 2008 that the Gun Control Act of 1968 prohibits the state from issuing concealed… Click through to continue reading this post on FindLaw.com…
Felony Murder Habeas Petition In Premo v. Moore, No. 09-658, a felony murder prosecution, the court reversed the Ninth Circuit’s reversal of the district court’s denial of petitioner’s habeas petition where 1) the state court would not have been unreasonable to accept as a justification for counsel’s action that suppression of petitioner’s confession would have been [...]
Denial of Murder Habeas Petition Reversed In Harrington v. Richter, No. 09-587, a murder prosecution, the Ninth Circuit’s reversal of the denial of petitioner’s habeas petition is reversed where: 1) 28 U.S.C. section 2254(d) applied to petitioner’s petition, even though the state court’s order was unaccompanied by an opinion explaining the court’s reasoning and 2) the Ninth [...]
Automobile-Ownership Deduction Disallowed In Ransom v. FIA Card Servs., N.A., No. 09-907, a petition for Chapter 13 bankruptcy relief, the Supreme Court affirmed the Ninth Circuit’s affirmance of the Bankruptcy Appellate Panel’s order denying the confirmation of the debtor’s proposed strategy, where a debtor who does not make loan or lease payments may not take [...]
Challenge to NASA Background Check In NASA v. Nelson, No. 09-530, an action claiming that NASA’s National Agency Check with Inquiries background check method violated a constitutional appropriate to informational privacy, the court reversed the Ninth Circuit’s reversal of the district court’s denial of a preliminary injunction where, assuming, without deciding, that the government’s challenged [...]
Grant of Certiorari Vacated In Madison Cty. v. Oneida Indian Nation of N.Y., No. 10-72, an action concerning an Indian tribe’s collection of property taxes, the Supreme Court vacated a grant of certiorari and remanded to the Second Circuit where that court required to address, in the 1st instance, whether or not to revisit its [...]
Challenge to Treasury Department Regulations In Mayo Discovered. for Med. Educ. & Rsrch. v. US, No. 09-837, an action asserting that specific Treasury Department regulations, which supplied that the services of a full-time employee — which included an employee normally scheduled to work 40 hours or far more per week– were not incident to and [...]
Copyright Infringement Judgment Affirmed by Equally Divided Court In Costco Wholesale Corp. v. Omega, S.A., No. 08-1423, a 4-4 split choice, the Supreme Court affirmed a judgment discovering that Costco violated US copyright law by selling a particular line of watches without the watchmaker’s permission. Justice Kagan took no part in the ruling. Related Resources [...]
Grant of Capital Habeas Petition Reversed In Wilson v. Corcoran, No. 10-91, the Court vacated the court of appeals’ grant of defendant’s request for habeas relief from his capital murder conviction where federal courts might not concern writs of habeas corpus to state prisoners whose confinement does not violate federal law, and here, the court [...]