Capital | Judiciary.org

Supreme Court

Washington residents challenge state’s effort to tax long-term capital gains

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.

The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest

Civil Law

Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore. As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest

Supreme Court

Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. Louisiana.

Though the inmate in the 2018 case, Robert McCoy, had insisted that he was innocent, his lawyer considered the evidence against McCoy “overwhelming” and counseled that the best strategy to avoid the death penalty was to concede guilt. … Read the rest

Criminal Law

Capital Murder in Texas: Understanding the Crimes and Penalties – Dallas Capital Murder Defense Attorneys

Capital murder is one of the most serious crimes that can be committed in the state of Texas. Understanding the laws can help with your defense.

According to Texas law, all types and degrees of murder are classified as a criminal homicide. Any crime of murder is serious, and if issued a conviction, it can carry the most severe of consequences for criminal acts. While first-degree murder is viewed as the highest level charged, capital murder is a type of … Read the rest