David Badertscher Legal experts and prosecutors are quite concerned about possible results of the June 25, 2009 U.S. Supreme Court decision Melendez-Diaz v. Massachusetts 07-591. In this decision the Court has ruled that forensic analysts conducting tests must be in court to testify about their test results and that lab…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. June 1, 2009. CIVIL PROCEDURE, INJURY AND TORT LAW, PER CURIAM, TRANSPORTATION CSX Transp., Inc. v. Hensley, No. 08-1034 In an action brought under the Federal Employers’ Liability Act, based on Plaintiff’s…
May 27, 2009. A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust MONTEJO v. LOUISIANA (No. 07-1529) Mr. Montejo was arrested on September 6th, 2002, in connection with the robbery and murder of Mr. Lewis Ferrari. During police questioning of Mr. Montejo, which lasted from late afternoon on the 6th…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. May 26, 2009. CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW Haywood v. Drown, No. 07-10374 In a 42 U.S.C. section 1983 action by a prisoner, judgment for…
May 1, 2009. Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust DEAN v. UNITED STATES (No. 08-5274) United States Supreme Court Opinion Decided: April 29, 2009 Petitioner Dean was convicted of conspiring to commit a bank robbery and discharging a firearm during an armed robbery. Because the firearm was “discharged”…
United States Supreme Court Decision: April 28, 2009 A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust SYNOPSIS. At trial the State discredited Mr. Cone’s defense that he killed two people while suffering from acute psychosis caused by drug addiction, he was then convicted and sentenced to death. The Tennessee…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, MILITARY LAW Shinseki v. Sanders, No. 07-1209 In an application for veterans’ disability benefits, the Court of Appeals for the Federal Circuit’s holding that the Department of Veterans…
April 8, 2009 A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust Corley v. United States No. 07-10441 In vacating and remanding a 3rd Circuit decision, the U.S. Supreme Court has found that 18 U.S.C. 3501 regarding admissibility of voluntary confessions modifies but does not supplant the bar to admissibility…
Harbison v. Bell, Warden No. 07-8521 “In reversing a 6th Circuit opinion, the U.S. Supreme Court has found that a certificate of appealability is not required to appeal a denial of federally appointed counsel, and that federally appointed counsel may represent clients in state clemency proceedings and be compensated for…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. March 24-25, 2009 CRIMINAL LAW & PROCEDURE, HABEAS CORPUS Knowles v. Mirzayance, No. 07-1315 The District Court’s grant of Petitioner’s habeas petition is reversed, where, whether the state court’s denial of his…