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US high court: Ex, not current wife, keeps life insurance proceeds (access required)

POSTED: Monday, June 3rd, 2013 at 1:58 pm

BY: Pat Murphy, Dolan Media Newswires

The U.S. Supreme Court has ruled that a divorced Virginia woman could not be forced to surrender the proceeds of a federal employee life insurance policy that she received as her ex-husband’s named beneficiary.

Procedural default not a bar to ineffective assistance claim, justices rule (access required)

A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.

US high court upholds FCC power in cell tower disputes

POSTED: Monday, May 20th, 2013 at 12:02 pm

BY: Associated Press

The Supreme Court has affirmed the authority of federal regulators to try to speed local government decisions on proposals to build or expand cellphone towers.

US Supreme Court dismisses ineffective counsel case (access required)

POSTED: Wednesday, May 1st, 2013 at 11:54 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

After taking up and hearing arguments in a case considering whether a delay caused by a state’s failure to fund counsel for an indigent’s defense should be a factor in determining whether the defendant’s Sixth Amendment right to a speedy trial was violated, the U.S. Supreme Court dismissed the case as improvidently granted.

In extortion case, US Supreme Court to decide what constitutes ‘property’ (access required)

POSTED: Monday, April 29th, 2013 at 11:11 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Defining “property” may seem an easy task. But for the justices of the U.S. Supreme Court it may be much trickier as they consider whether a nonbinding recommendation for an investment fund qualifies as “property” that can be the subject of attempted extortion.

Court struggles with question of human gene patentability (access required)

Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.

Supreme Court Justices to consider out-of-state lab testing (access required)

If a Wisconsin defendant on trial for two sexual assaults cannot cross-examine the out-of-state lab analyst who prepared his underlying DNA profiles, have his constitutional rights under the Confrontation Clause been violated?

US Supreme Court’s double jeopardy ruling a blow to prosecutors (access required)

POSTED: Friday, March 1st, 2013 at 1:02 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court’s ruling last week that a defendant cannot be retried, even when his acquittal was based on a judge’s blunder, was cheered by defense attorneys.

US high court asks when procedural defaults bar ineffective assistance claims (access required)

POSTED: Friday, March 1st, 2013 at 10:00 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.

High court takes up question of arrestee DNA sampling

POSTED: Tuesday, February 26th, 2013 at 12:45 pm

BY: Associated Press

The Supreme Court will soon decide what one justice called its most important criminal procedure case in decades: whether to allow police to take DNA samples from people who have been arrested.

US Supreme Court takes up sentencing factors case (access required)

POSTED: Tuesday, January 15th, 2013 at 1:55 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a case that raises the question of whether judges, rather than juries, can constitutionally decide factors that could trigger an increase in the minimum sentence, the justices of the U.S. Supreme Court seemed reluctant to shake up a sentencing scheme that Congress and the courts have relied upon for more than a decade.

Medicaid Act may trump state reimbursement law (access required)

POSTED: Wednesday, January 9th, 2013 at 12:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.

Justices of US Supreme Court consider what law governs plain error appeals (access required)

POSTED: Thursday, November 29th, 2012 at 12:09 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.

US Supreme Court puts drug dogs’ noses to the test (access required)

POSTED: Thursday, November 1st, 2012 at 11:59 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Oral arguments in two Fourth Amendment cases before the U.S. Supreme Court Wednesday focused on a common question: just what does a dog’s nose know?

US high court begins new term with human rights case

POSTED: Monday, October 1st, 2012 at 11:37 am

BY: Associated Press

The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.

Million-dollar judicial getaway irks US senators (access required)

POSTED: Tuesday, August 14th, 2012 at 2:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Despite facing criticism from GOP lawmakers, a pricey Hawaiian judicial conference attended by lawyers, judges and two Supreme Court justices took place last weekend.

US high court: Unions must give fee increase notice

The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.

Court: Use new drug sentencing law in crack cases (UPDATE)

The Supreme Court ruled Thursday that people who committed crack cocaine crimes before more lenient penalties took effect and received their prison sentence afterward should benefit from the new rules.

US Supreme Court fractures on expert testimony issue (access required)

The Confrontation Clause does not bar an expert from testifying at a criminal trial that a DNA profile produced by an outside laboratory matched the defendant’s state lab DNA profile, the U.S. Supreme Court has ruled in a fractured opinion.

US Supreme Court says no OT pay for drug sales reps

The Supreme Court has ruled that sales representatives for pharmaceutical companies do not qualify for overtime pay under federal law, a big victory for the drug industry.

US high court sides with state in DNA case

The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.

US Justices: Federal workers’ constitutional claims barred (access required)

The Merit Systems Protection Board provides the exclusive avenue of judicial review for federal employees’ adverse employment action challenges, even when those employees argue that a federal statute is unconstitutional, the U.S. Supreme Court has ruled.

‘In Chambers’ pulls back curtains at Supreme Court (access required)

POSTED: Tuesday, May 29th, 2012 at 1:17 pm

BY: DOLAN MEDIA NEWSWIRES

A U.S. Supreme Court justice stands in his august chambers concentrating on his latest project while a law clerk looks on in admiration. Is the subject a petition for certiorari that seeks to upend decades of constitutional precedent? Hardly.

Party can’t recover cost of translating documents, rules US Supreme Court (access required)

POSTED: Wednesday, May 23rd, 2012 at 2:27 pm

BY: Pat Murphy, Dolan Media Newswires

A defendant that prevailed in a personal injury case filed in federal court could not recover its costs for translat­ing documents from Japanese to English, the U.S. Supreme Court has ruled in a 6-3 decision.

High court rules witness isn’t liable for false grand jury testimony (access required)

POSTED: Thursday, April 5th, 2012 at 12:56 pm

BY: Pat Murphy, Dolan Media Newswires

A government investigator was entitled to absolute immunity from liability for allegedly providing false testimony to a grand jury, the U.S. Supreme Court has ruled in a unanimous decision.

High court: Counsel right extended to expired plea deals (access required)

POSTED: Monday, March 26th, 2012 at 11:39 am

BY: Pat Murphy, Dolan Media Newswires

A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired, the U.S. Supreme Court has ruled 5-4.

Justices consider Double Jeopardy without formal verdict (access required)

Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case and are deadlocked on the lesser included charges, can a defendant be retried or has jeopardy attached?

US Supreme Court to decide who pays the cost of translators (access required)

POSTED: Friday, March 9th, 2012 at 2:29 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court will soon decide whether the costs of document translators are covered under a federal statute that requires the losing party in litigation to pay for “compensation for interpreters.”

US Supreme Court rules prisoner’s interrogation didn’t violate ‘Miranda’ (access required)

POSTED: Monday, February 27th, 2012 at 1:34 pm

BY: Correy Stephenson, Dolan Newswires

A prisoner was not “in custody” for Miranda purposes when he was isolated from the general prison population and questioned about conduct that occurred outside the prison because he was informed he could leave when he wanted, was not physically restrained and the door to the room was sometimes open, the U.S. Supreme Court has ruled.

Obama could alter stance of federal appeals courts

A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation’s appeals courts, the final stop for almost all challenged federal court rulings.

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