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“On Friday, October 4, the Supreme Court agreed to hear arguments in Gutierrez v. Saenz, a case regarding death-sentenced Texas prisoner Ruben Gutierrez’s ability to sue the state for DNA testing in support of his innocence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twenty minutes before his scheduled execution. Mr. Gutierrez was convicted and sentenced to death in 1999 for the murder and robbery of an 85-year-old woman but has long maintained his innocence. Forensic evidence from inside the trailer where the killing occurred has never been tested for DNA, but the state has refused Mr. Gutierrez’s testing requests. The Court will now decide whether the Fifth Circuit was correct when it ruled that Mr. Gutierrez did not have standing to sue Texas over its refusal to give him access to DNA testing. The Court will likely hear Mr. Gutierrez’s case next spring.”  Leah Roemer. Death Penalty Information Center October 9, 2024.

In his October 7, 2024 posting in VERDICT. Amherst professor Austin Sarat argues that the Gutierrez case could expand the use of DNA evidence in criminal cases and the Court “should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered”.

Click here to read Professor Sarat’s complete posting in VERDTCT: Legal Analysis and Commentary from Justia.

 

During the week ending October 11, 2024 we have received listings of 7 Government and Administrative Law Summaries,  15 Constitutional Law summaries, 32 Criminal Law Summaries, 1 Copyright summary,  2 Medical Malpractice Summaries, and 3 intellectual property summaries    We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  October 11, 2024:

Criminal Law Opinion Summaries

“On March 11, 2024, the Administration submitted its annual set of budgetary proposals to the Congress. In this report, the Congressional Budget Office* examines how those proposals, if enacted, would affect budgetary outcomes in relation to CBO’s most recent baseline budget projections. Those projections extend from 2024 to 2034 and reflect the assumption that current laws governing federal spending and revenues will generally remain in place.”

Summary:

“On March 11, 2024, the Administration submitted its annual set of budgetary proposals to the Congress. In this report, the Congressional Budget Office examines how those proposals, if enacted, would affect budgetary outcomes in relation to CBO’s most recent baseline budget projections. Those projections extend from 2024 to 2034 and reflect the assumption that current laws governing federal spending and revenues will generally remain in place. CBO’s baseline budget projections and its analysis of the President’s proposals are based on the agency’s economic forecast published in June, which reflects developments through early May. (In this analysis, any feedback from the macroeconomic effects of the President’s proposed policies is excluded.)

A report from the Congressional Budget Office (CBO)*, October 4, 2024.

This CBO Report discusses prescription drug prices and approaches aimed at reducing those prices. Some of the approaches would cap prices or limit their growth, and other approaches would promote price competition or affect the flow of information.

Summary:

Surgeon and bioethicist Charles E. Brinkley is a contributor to VERDICT a service of Justia. In his August14, 2024 VERDICT posting , Does Informed Consent Alone Mitigate Responsibility: Considering Patient Harm Related to Artificial Intelligence, Dr. Brinkley “discusses the ethical implications and potential harms of using artificial intelligence (AI) in healthcare decision-making, particularly focusing on informed consent and physician responsibility. Dr. Binkley argues that patients should be informed when AI is used in their care, and that healthcare providers have a duty not only to inform patients of potential risks but also to mitigate those risks, emphasizing that the use of AI does not absolve physicians of their responsibilities to patients.”

During the week ending October 4, 2024 we have received listings of 14 Government and Administrative Law Summaries,  16 Constitutional Law summaries, 36 Criminal Law Summaries, 1 White Collar Law Summary,  1 Medical Malpractice Summary, and 2 intellectual property summaries    We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  October 4, 2024:

Criminal Law Opinion Summaries

During the week ending September 27, 2024 we have received listings of 22 Government and Administrative Law Summaries,  25 Constitutional Law summaries, 48 Criminal Law Summaries and 2 White Collar Law Summaries.    We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  September 27, 2024:

Criminal Law Opinion Summaries

American Bar Association:

Register for the upcoming webinar, Prosecutorial Independence and the Rule of Law, at: www.americanbar.org/events-cle/mtg/web/445186848/

“We are living in a pivotal moment when democratic norms and the rule of law are being challenged in novel and unexpected ways as we struggle to adapt to rapid technological and cultural changes that have changed our relationships and dialogue with each other.  In maintaining the rule of law, prosecutorial discretion and independence are essential. Yet not everyone believes that prosecutorial independence exists or understands why it matters. In this panel, former Department of Justice leaders and veteran prosecutors will explore recent challenges to prosecutorial independence and the rule of law at the federal level, including the Project 2025 proposal by the Heritage Foundation.”

During the week ending September 20, 2024 we have received listings of 13 Government and Administrative Law Summaries,  21 Constitutional Law summaries, 46 Criminal Law Summaries, 3 White Collar Law Summaries,  3 Medical Malpractice Summaries,  7 intellectual property summaries,   1 Copyright Summary.    We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  September 20, 2024:

Criminal Law Opinion Summaries

Constitution Day is one of our most important holidays because it commemorates the signing of the U.S. Constitution, our most foundational document, on September 17, 1787 by the delegates of the Constitutional Convention in Philadelphia. It is perplexing to note that the commemoration of such an important event in our history is not observed more broadly as one of our national holidays.

As Kathleen Hal Jameson writes in her article, What Constitution Day Means and Why it Matters: “For almost three quarters of a century, advocates have worked to give comparable federal stature to September 17, the day on which we celebrate the anniversary of the 1787 signing of the U.S. Constitution by the nation’s founders. As President John F. Kennedy noted in his 1961 Constitution Day proclamation, it is a day for ‘ceremonies’ set up to ‘inspire all our citizens to keep the faith of our Founding Fathers and to carry out the ideals of United States citizenship’

I celebrated by leading a discussion about Constitution Day, centered on the question: Is now the moment for a new Constitutional Convention? The following links provide the materials used during the session, along with a Concluding Statement capturing the unanimous agreement of the group

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