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Antonin Scalia

Mar 1, 2013

US high court asks when procedural defaults bar ineffective assistance claims

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.

Feb 26, 2013

US Supreme Court questions legality of warrantless DNA collection

Exactly two weeks after Gov. Scott Walker proposed expanding DNA collection efforts in Wisconsin for those arrested on felony charges, the U.S. Supreme Court on Tuesday heard oral arguments in a related case Justice Samuel Alito Jr. called “perhaps, the most important criminal procedure case that this court has heard in decades.”

Jan 17, 2013

US high court justices take up legal malpractice case

The justices of the U.S. Supreme Court appeared reluctant Wednesday to make a federal case out of a legal malpractice claim arising from a patent suit.

Jan 16, 2013

Justices tackle puzzling law in medical battery case

Attempts to sort out the meaning of a confusing and oddly worded statute to determine whether a Navy surgeon is immune from liability for allegedly performing eye surgery without obtaining consent left the justices of the U.S. Supreme Court bleary-eyed.

Jan 15, 2013

US Supreme Court takes up sentencing factors case

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.

Jan 15, 2013

High court considers whether counsel affects speedy trial right

During oral arguments that included a rare comment from Justice Clarence Thomas, the U.S. Supreme Court considered whether a state’s failure to give money to court-appointed counsel for a murder defendant should be weighed against the state in determining whether speedy trial rights were violated.

Jan 10, 2013

US Supreme Court hears warrantless blood sample case

The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.

Jan 9, 2013

Medicaid Act may trump state reimbursement law

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.

Dec 13, 2012

Scalia draws parallels — and media attention

Justice Antonin Scalia is drawing a lot of media attention for comments he made this week as the U.S. Supreme Court prepares to hear two same-sex marriage law challenges.

Nov 29, 2012

Justices of US Supreme Court consider what law governs plain error appeals

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.

Nov 28, 2012

Class actions back on U.S. Supreme Court’s radar

There are plenty of big cases on the docket at the U.S. Supreme Court this term, dealing with issues ranging from search and seizure standards to affirmative action.

Nov 13, 2012

U.S. Supreme Court: Lawyer can’t sue government over receipt mistake

The Supreme Court on Tuesday issued its first opinion of the new term, saying a lawyer cannot combine two laws to sue the federal government for violating identity theft protection laws banning the printing of credit card numbers and expiration dates on receipts.

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