Tag: Question

Supreme Court

Justices send expert witness question back to state court

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The Supreme Court on Friday sent the case of an Arizona man convicted of drug possession back to the state courts. Jason Smith argued that when an expert witness testified for the prosecution about drug analysis performed by another forensic scientist, it violated his right under the Sixth Amendment “to be confronted with the witnesses against him.”

In an opinion by Justice Elena Kagan, the court agreed with Smith that the requirements of the Sixth Amendment’s confrontation clause normally … Read the rest

Civil Law

(UK) The Court Considers the Question of Whether Secured Creditor Consent is Required to an Administration Extension Again. “Too Good” to be True?

No, it isn’t. We now have two cases where the Court has confirmed that insolvency practitioners do not need the consent of paid secured creditors when extending an administration under para. 78 of Schedule B1 of the Insolvency Act 1986 (the “Act”).

In Boughey & Anor v Toogood International Transport and Agricultural Services Ltd [2024] EWHC 1425 (Ch) (“Toogood”)the judge agreed with the conclusions reached in the recent Pindar case – see our blog on this – concerning the interpretation … Read the rest

Supreme Court

Justices to hear procedural question in Maryland prison-assault case

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Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely. Younger suffered permanent injuries to his face, wrist, ribs, hand, and leg.

Younger filed a federal civil rights claim against Dupree, alleging that the use of excessive force against him violated his constitutional rights. In the … Read the rest

Supreme Court

In New Mexico prison killing, a lingering question over jurisdiction

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Five years ago, the Supreme Court ruled that pleading guilty to a crime does not prevent a defendant from arguing that the law criminalizing their conduct is unconstitutional. This week, we highlight cert petitions that ask the court to consider, among other things, an issue that decision left open: Under … Read the rest

Supreme Court

Voter-registration dispute during 2020 election raises question of attorney’s fees

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Going to court is one way to enforce your civil rights if they are violated by a state official. As options go, though, it can be expensive. This week, we highlight cert petitions that ask the court to consider, among other things, when a prevailing plaintiff in a civil-rights … Read the rest

Supreme Court

In Puerto Rico horse-racing dispute, a looming question over independent contractors

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In our modern gig economy, independent contractors constitute an increasingly large share of the American workforce. Companies like Uber, Lyft, and Amazon rely heavily on these workers, because the lack of any formal employment relationship means they do not have to provide them with benefits like health care and retirement … Read the rest

Supreme Court

In Maryland prison-assault case, a request to clarify an important procedural question

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Defendants appealing a case in federal court have to follow a series of rules to keep a specific issue alive and eligible for review. This week, we highlight cert petitions that ask the court to consider, among other things, whether a prison official appealing a jury verdict against him can … Read the rest

Supreme Court

Officers question award of post-mortem damages under Section 1983

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

When a person is killed, the damages that their descendants or families can receive vary from state to state. Only five states allow for “hedonic” damages, or money to account for the deceased’s loss of enjoyment of future life. This week, we highlight cert petitions that ask the court to … Read the rest