The desire of a parent to relocate to another state and take the children along is one of the most challenging forms of custody case lawyers and clients can face. When this law began to evolve in the 1990s with Gruber v. Gruber, 583 A.2d 434 the Superior Court took the approach that if a move was advantageous for the primary custodial parent, it was probably in the best interest of the children as well. Ironically, that case … Read the rest
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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
Things have surely come to a pretty pass when it is front page news twice in two weeks that the Government has decided not to press on with doing something daft. First, the abandonment of smart motorways and last week, reports that the Government has backed away from its original proposal to wipe all EU-sourced regulations from the statute book at the end of this year. More predictable is the number of MPs who are nonetheless recorded as being variously … Read the rest
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When the Supreme Court returns to the bench on Oct. 3 for the start of its new term, it will begin with a case that is not new to it. In Sackett v. Environmental Protection Agency, the justices will once again weigh in on an Idaho couple’s efforts to build on land that they own – specifically, what test courts should use to determine whether the Clean Water Act applies to the land, which the EPA has deemed … Read the rest
The attorneys general filed a brief saying that firearm manufacturers cannot claim certain legal protections to shield themselves against the Mexican government’s claims.
Legal Reader… Read the rest
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The Supreme Court on Thursday afternoon rejected abortion providers’ request to order a federal appeals court to send their challenge to a Texas law banning almost all abortions in the state promptly back to the friendlier confines of a federal district court in that state. The providers argued that failing to do so would “derail indefinitely the timely resolution of the merits of the case” and “compound the ongoing harm to pregnant Texans under” the law, which has been … Read the rest