Free exercise of religion
The Department’s policy violated the rights of Trinity Lutheran under the Free Exercise Clause of the First Amendment by denying the Church an otherwise available public benefit on account of its religious status.
Mixed case on jurisdictional grounds
The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court.
Analysis of property
The State Court of Appeals was correct to analyze petitioners’ property as a single unit in assessing the effect of the challenged governmental action.
Ineffective Assistance of Counsel
Lee has demonstrated that he was prejudiced by his counsel’s erroneous advice.
False statement under oath in naturalization proceeding
The text of §1425(a) makes clear that, to secure a conviction, the Government must establish that the defendant’s illegal act played a role in her acquisition of citizenship.
Sixth Amendment Violation, Ineffective Assistance of Counsel
In the context of a public-trial violation during jury selection, where the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial.
Weekly Case Digests — June 19 to June 23, 2017
Weekly Case Digests — June 19 to June 23, 2017
Jurisdiction
California courts lack specific jurisdiction to entertain the nonresidents’ claims.
1st Amendment – Disparagement Clause – Government Speech
Simon Tam, lead singer of the rock group “The Slants,” chose this moniker in order to “reclaim” the term and drain its denigrating force as a derogatory term for Asian persons.
Expert Examination
Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively “conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”
Bivens – 5th Amendment Violation
In the immediate aftermath of the September 11 terrorist attacks, the Federal Government ordered hundreds of illegal aliens to be taken into custody and held pending a determination whether a particular detainee had connections to terrorism.
Legal News
- Wisconsin DNR agrees to repeal anti-firearm rule
- Harris kicks off campaign for president with a rally in Wisconsin
- Wisconsin leads 26 governors to strengthen state and tribal child support enforcement act
- Wisconsin man charged with fleeing to Ireland to avoid prison term for Capitol riot role
- Wisconsin Supreme Court reveals September oral arguments calendar
- New Jersey man sentenced for series of violent assaults on members of the Orthodox Jewish Community
- Milwaukee County District Attorney, UWM police address Jewish threats
- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Secret Service head resigns as Congress formally investigates
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property