In a unanimous 3-0 Decision last Tuesday April 6 the United States Court of Appeals for the District of Columbia Circuit ruled that the Federal Communication Commission did not have the authority to order Comcast in 2008 to cease and desist interfering with the traffic of Bit Torrent a P2P…
Articles Posted in Court Decisions
Judge Finds Plaintiffs Grossly Neglignet for Lapses in Preservation and Collection of Electronic Documents
The Pension Committee of the University of Montreal Pension Plan et. al. v. Banc of America Securities et. al. 05 Civ 9016 (SAS) Judge Shira A. Scheindlin of the U.S. District Court SD New York has found the plaintiffs in the University of Montreal pension fund case to be grossly…
Findlaw Case Law Summaries: Criminal Law and Procedure. March 29, 2010 – April 2, 2010.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw March 29, 2010 – April 2, 2010. ——————————————————————————– U.S. Supreme Court, March 30, 2010 Berghuis v. Smith, No. 08–1402 In habeas proceedings brought by an individual convicted of second degree murder by…
U.S. Second Circuit: Enhanced Sentencing in New York for Persistent Felons Violates U.S. Constitution
Citing a series of U.S. Supreme Court rulings, including Blakely v. Washington, 542 U.S. 296 (2004), the Court of Appeals for the Second Circuit ruled on March 1 that a New York state statute that permits stiffer sentences for persistent felony offenders violates defendant’s constitutional rights. In the ruling Judge…
Findlaw Case Summaries: Constitutional Law 31
To view the full-text of cases you must sign in to FindLaw.com. All summaries arU.S. 1st Circuit Court of Appeals, February 03, 2010 Janosky v. St. Amand, No. 09-1012 District court’s denial of defendant’s petition for habeas relief in a case arising out of an armed robbery gone awry is…
Findlaw Case Summaries: Criminal Law and Procedure 34
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw U.S. Supreme Court, January 25, 2010 Hemi Group, LLC v. City of N.Y., No. 08–969 In an action by New York City against an online cigarette seller under the civil enforcement provision…
U.S. Supreme Court Update: McDaniel v. Brown
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust The U.S. Supreme Court has ruled against a defendant convicted of the rape of a 9-year-old girl after a night of heavy drinking. The Supreme Court said in a per curiam opinion that overstated estimates of a DNA match at trial…
Findlaw Case Summaries: U.S. Supreme Court. 01/26/2010
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, PER CURIAM McDaniel v. Brown, No. 08-559 In habeas proceedings arising from a rape conviction, a circuit court of appeals’ order affirming the grant of…
Findlaw Case Summaries: Criminal Law and Procedure 33
January 18, 2010 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw Supreme Court, January 19, 2010 Wellons v. Hall, No. 09–5731 In a capital habeas matter, the petition for certiorari is granted and the court of…
Findlaw Case Summaries: Constitutional Law 30
January 18, 2010 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw U.S. Supreme Court, January 21, 2010 Citizens United v. FEC, No. 08–205 The Court rules that the government may regulate corporate political speech through disclaimer…