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Civil Digest

Aug 31, 2020

Abuse of Discretion – Preliminary Injunction

A group of Indiana-based hemp sellers and wholesalers sued the State of Indiana and its governor, seeking to enjoin the enforcement of the state’s criminal prohibition on the manufacture, delivery, or possession of smokable hemp. Ind. Code § 35-48-3-10.1.

Aug 31, 2020

Abuse of Discretion – Preliminary Injunction

Illinois permits voters to place initiatives and referenda on both local and statewide ballots, but it also requires proponents to collect enough signatures to show that each proposal is likely to have a decent amount of support.

Aug 31, 2020

1st Amendment Violation

In this suit under 42 U.S.C. § 1983, plaintiff Monwell Douglas, an Indiana prisoner, claims that defendant Faith Reeves, his casework manager, retaliated against him for activity protected by the First Amendment.

Aug 31, 2020

Sentencing Guidelines

Rashad Rae Robinson pled guilty to a conspiracy to distribute methamphetamine after he was caught in a controlled buy.

Aug 31, 2020

Ineffective Assistance of Counsel

An Illinois jury convicted Joseph Wilborn for the murder of a rival gang member in Chicago.

Aug 31, 2020

Ineffective Assistance of Counsel

Gregory Williams appeals the denial of his application for federal habeas corpus relief following convictions in Illinois state court in two separate cases for raping two women—offenses that resulted in sentences totaling 66 years’ imprisonment.

Aug 31, 2020

Bankruptcy – Chapter 13 Payment Plan

This is the third—and we hope final—decision in a series arising from the efforts of debtors in Chapter 13 bankruptcy proceedings to avoid or defer paying parking and other vehicular fines.

Aug 26, 2020

Unlawful-stop Claim – Reasonable Suspicion

Courtney Brown failed to fully stop his car at a stop sign, prompting a police officer to initiate a traffic stop.

Aug 26, 2020

Injunctive Relief – Louisiana’s Act 620

Louisiana’s Act 620, which is almost word-for-word identical to the Texas “admitting privileges” law at issue in Whole Woman’s Health v. Hellerstedt, 579 U. S. ___, requires any doctor who performs abortions to hold “active admitting privileges at a hospital . . . located not further than thirty miles from the location at which the abortion is performed or induced,” and defines “acti[...]

Aug 26, 2020

Free Exercise Clause Violation – No-aid Provision

The Montana Legislature established a program to provide tuition assistance to parents who send their children to private schools.

Aug 26, 2020

OWI – Peremptory Challenge

Katie Provenzano appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration.

Aug 26, 2020

Consumer Financial Protection Bureau – Separation of Powers

In the wake of the 2008 financial crisis, Congress established the Consumer Financial Protection Bureau (CFPB), an independent regulatory agency tasked with ensuring that consumer debt products are safe and transparent.

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