Legal News

The Innocence Project

Issue: Innocence Project Applauds New York’s Presiding Judges for Landmark Statewide Rule Ensuring Comprehensive Brady Disclosure

(New York, NY – November 8, 2017) New York State’s Chief Administrative Judge, Lawrence K. Marks, yesterday issued a landmark administrative order regarding prosecutors’ legal and ethical obligations to disclose all information in law enforcement’s possession that is favorable to criminal defendants. The court’s order, effective January 1, 2018, requires every criminal trial judge in New York State to issue a “Brady” order to all prosecutors who appear before them, in both felony and misdemeanor cases.

The New York Times

Issue: University of Florida Braces for Richard Spencer – First Amendment and Hate Speech

Richard B. Spencer, a prominent white nationalist, is scheduled to speak at the University of Florida on Thursday, prompting an outcry over whether his views are protected speech, dividing the campus and putting law enforcement officials on high alert.

The university denied Mr. Spencer’s original request to speak on Sept. 12, citing the violent clashes in August between far-right demonstrators and counterprotesters in Charlottesville, Va., as well as threats on social media of a “blood bath” if the speech were allowed. But the university has since relented

The New York Times

Issue: Cake is his ‘Art.” So can he deny one to a gay couple?

LAKEWOOD, Colo. — Jack Phillips bakes beautiful cakes, and it is not a stretch to call him an artist. Five years ago, in a decision that has led to a Supreme Court showdown, he refused to use his skills to make a wedding cake to celebrate a same-sex marriage, saying it would violate his Christian faith and hijack his right to express himself.

“It’s more than just a cake,” he said at his bakery one recent morning. “It’s a piece of art in so many ways.”

The couple he refused to serve, David Mullins and Charlie Craig, filed civil rights charges. They said they had been demeaned and humiliated as they sought to celebrate their union.

The New York Times

Issue: F.D.A. Cracks Down on ‘Unscrupulous’ Stem Cell Clinics

The Food and Drug Administration announced a crackdown on dangerous stem cell clinics on Monday, while at the same time pledging to ease the path to approval for companies and doctors with legitimate treatments in the growing field.

The agency reported actions against two large stem cell clinics and a biotech company, saying that it was critical to shut down “unscrupulous actors” in regenerative medicine, a broad umbrella that includes stem cell and gene therapies and immunotherapies.


The Washington Times

Issue:  Tech companies ask Supreme Court to block cellphone data grab

Some of the world’s biggest tech companies pleaded with the Supreme Court this week to update decades-old precedent governing telephones, saying that cell-tracking technology threatens Americans’ most fundamental privacy rights.

Apple, Microsoft, Google, Twitter, Facebook, Verizon and other major players in the modern digital economy asked the justices to rule that the Fourth Amendment should require police to get a warrant before they can demand cellphone location data.

NBC News

Issue: AlphaBay, Hansa Shut, but Drug Dealers Flock to Dark Web DreamMarket

Two of the largest online black-market sites have been shuttered in a law enforcement crackdown, but drug dealers have moved in a hurry to a third “dark net” emporium, where listings of fentanyl and heroin have already spiked, according to analysts.

The New York Times

Issue: U.S. Arrests 412, Including Doctors, in $1.3 Billion Health Fraud

WASHINGTON — Hundreds of people nationwide, including dozens of doctors, have been charged in health care fraud prosecutions, accused of collectively defrauding the government of $1.3 billion, the Justice Department said on Thursday.

Nearly one-third of the 412 charged were accused of opioid-related crimes. The health care providers, about 50 of them doctors, billed Medicare and Medicaid for drugs that were never purchased; collected money for false rehabilitation treatments and tests; and gave out prescriptions for cash, according to prosecutors.

The Washington Post

Issue: Travel ban takes effect as State Department defines “close family”

After five months of bitter legal squabbling, the Trump administration’s modified travel ban took effect Thursday night under new guidelines designed to avert the chaos of the original rollout. But the rules will still keep many families split and are likely to spawn a new round of court fights.

ABA Journal

Issue:  Trump administration quietly rolls back civil rights efforts across federal government

For decades, the Department of Justice has used court-enforced agreements to protect civil rights, successfully desegregating school systems, reforming police departments, ensuring access for the disabled and defending the religious.

Now, under Attorney General Jeff Sessions, the DOJ appears to be turning away from this storied tool, called consent decrees.

New York Times

Issue: Opioid Dealers Embrace the Dark Web to Send Deadly Drugs by Mail

As the nation’s opioid crisis worsens, the authorities are confronting a resurgent, unruly player in the illicit trade of the deadly drugs, one that threatens to be even more formidable than the cartels.

The internet.

ABA Journal:

Issue: Do police need warrant for cellphone location records? Supreme Court will decide

The U.S. Supreme Court on Monday agreed to decide whether police need to obtain a search warrant to obtain past location data for a suspect’s cellphone.

The New York Times:

Issue: The Legal Battle Over Arkansas’ Execution Plans

A federal judge on Saturday blocked Arkansas’ plan to execute six men in 10 days with a preliminary injunction on a lawsuit arguing that the pace of the executions and the use of the drug midazolam were unconstitutional. The state had scheduled these executions in quick succession because its supply of midazolam, one of three drugs used in its procedure, is set to expire at the end of April.

The New York Times:

Issue: Conflicting Views on a Broader Way for the Police to Use DNA

The question of how widely investigators should be able to examine DNA databases is in the news, as officials in New York deliberate whether to authorize a method that could help find relatives of people charged with crimes.

Scotus Blog:

Issue: Justices Release March Calendar

The Supreme Court released its calendar for its March sitting. The calendar includes some high-profile cases – most notably, Gloucester County School Board v. G.G., the case of a transgender student who identifies as a boy and wants to be able to use the boys’ bathroom at his Virginia high school, which will be argued on March 28. The calendar also includes two cases – Murr v. Wisconsin and Microsoft Corp. v. Baker – that were granted before the death of Justice Antonin Scalia but had not yet been scheduled for oral argument. However, the third case granted before Scalia’s death, Trinity Lutheran Church v. Pauley, still has not yet been slated for oral argument.

New York Times:

Issue: Criminal Justice Reform – Diversion

Spared from a criminal record, if you’ve got enough cash. The promise of a second chance eludes many defendants who cannot pay.


Issue: Searching for a Remedy for Constitutional Violation on Citizenship

The issue before the justices was a U.S. citizenship law that imposes more stringent requirements on a child who is born outside the United States to an unmarried father who is a U.S. citizen than it does on an otherwise identically-situated child whose unmarried mother is a U.S. citizen.


Issue: It Ain’t Me, Babe: Researchers Find Flaws in Police Facial Recognition

Nearly half of all American adults have been entered into law enforcement facial recognition databases, according to a recent report from Georgetown University’s law school. But there are many problems with the accuracy of the technology that could have an impact on a lot of innocent people.


Issue: Jack Greenberg, Civil Rights Icon who argued Brown v. Board of Education, Dies

Jack Greenberg, one of the lawyers who argued the landmark Supreme Court case that ended federal tolerance of racial segregation in schools, died Wednesday. He was 91.


Issue: Supreme Court Hears Case On Racial Bias in Jury Deliberations

It’s only the second week of oral argument at the U.S. Supreme Court and already the justices are on their third case involving race and the criminal justice system.

Tuesday’s case tests the constitutionality of widespread rules that bar courts from examining evidence of racial bias in jury deliberations.

The New York Times:

Issue: Court Filing Accuses Texas of Misleading Voters Without IDs

Voting rights advocates accused North Carolina Republicans of mounting a procedural end run around a panel of federal appeals court judges, which had ruled that a 2013 election law targeted African-American voters “with almost surgical precision” and struck it down.

The Washington Post:

Issue: Recidivism

Breaking out of the prison cycle.  More than half of the Americans arrested under the age of 25 will be arrested again – disrupting their lives and the communities they live in.  Breaking the cycle requires a new approach to employment before and after prison.


Issue: Burden of Proof

(1) Whether a district court commits plain error by enhancing a sentence based on a divisible statute without requiring the government to meet its burden of proving that the conviction arose under a qualifying prong of that statute, as five Circuits have held, or whether on plain-error review the burden instead shifts to the defendant to affirmatively show that the alleged predicate offense did not arise under a qualifying prong of the statute, as four Circuits have held; and (2) whether the district court’s additional enhancement of Petitioner’s sentence based on a second predicate offense under the crime of violence residual clause was error in this case because that clause is unconstitutionally vague.


Issue: Double Jeopardy

The new Supreme Court term presents an unusual opening focus on criminal cases: All five cases the first week of October, and all but one the next, have their nuclei in criminal prosecutions. First up is a complicated double jeopardy question arising out of a messy political corruption prosecution in Puerto Rico.


Issue: KY Innocence Project claims prosecutors destroyed evidence that could exonerate man in 1987 murder.


Issue: Whether, when an individual consents to the search of a room he occupies, a law enforcement officer may, consistent with the Fourth Amendment, search a closed container found within that room.

Iowa v. Jackson

The Washington Post:

Issue: History making Court Appointment

President Obama picks the first Muslim nominee to be a Federal Judge

New York Times:

Issue: Technology firms fear an erosion of trust in their products.

Microsoft’s Challenge to Government Secrecy Wins Dozens of Supporters

New York Times:

Editorial:  It’s time to revise police contracts that make it almost impossible to bring officers to justice.

When Police Unions Impede Justice


Issue: Whether the jail time restriction contained in 810 Kentucky Administrative Regulation 1:015, Section 1 at Article 6(a)-(b), which prohibits purchasers of thoroughbred race horses at claiming races in Kentucky from racing or transferring their horses out of state for a prescribed time period, violates the Commerce Clause of the United States Constitution by impermissibly discriminating against interstate commerce.

Jamgotchian v. Kentucky Horse Racing Comm’n 


Issue: Whether a No-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.

Pena-Rodriguez v. Colorado

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Avvo - Rate your Lawyer. Get Free Legal Advice.need to obtain a search warrantpolice need to obtain a search warrantHundreds of people nationwide, including dozens of doctors, have been charged in health care fraud prosecutionsSome of the world’s biggest tech companies pleaded with the Supreme Court this week to update decades-old precedent governing telephones,Jack Phillips bakes beautiful cakes, and it is not a stretch to call him an artist.

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