U.S. Courts News Reporter
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The Supreme Court on Tuesday night refused to stay the execution of Johnny Johnson, scheduled for 6 p.m. CDT. The court’s liberal justices dissented from the decision to allow the execution to go forward, with Justice Sonia Sotomayor arguing that Johnson was entitled to a hearing to determine whether he is mentally competent to be executed. “There is no moral victory,” Sotomayor wrote, “in executing someone who believes Satan is killing him to bring about the end of the … Read the rest
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Just two weeks after the justices finished releasing their opinions from the 2022-23 term, the court is now looking ahead to next term. The Supreme Court on Friday released the calendar for its October oral argument session. The justices will hear just six cases over five days between Oct. 2 and Oct. 11. The session will, however, include several high-profile cases, such as the challenge to a purported racial gerrymander in South Carolina’s congressional map and a challenge to … Read the rest
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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.
Someone who files a lawsuit over wrongful treatment might be pleased if the defendant stops its allegedly harmful conduct, rendering the case moot – that is, no longer a live case or controversy. But under the so-called voluntary cessation doctrine, plaintiffs may continue to press their case unless the defendant … Read the rest
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In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded $ 40,000; Hennepin County kept not only the $ 15,000 in taxes, penalties, and costs that Tyler owed it, but also the $ 25,000 that was left over. The Supreme Court on Thursday ruled that the county’s actions violated the Fifth Amendment’s takings clause, which bars the government from taking private property for … Read the rest
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The Supreme Court put the execution of Richard Glossip on hold on Friday afternoon to give the justices time to consider the Oklahoma man’s appeals. Glossip was scheduled to be executed on May 18. The court’s brief unsigned order came four days after Oklahoma Attorney General Gentner Drummond filed a highly unusual brief supporting Glossip’s request to stay his execution. Drummond explained that state officials now believe that Glossip’s conviction should not stand and that it would be “unthinkable” … Read the rest
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Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.
The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest
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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
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Over several years, Remo Polselli racked up over $ 2 million in federal tax liabilities. After he made a partial payment from the account of one of his limited liability companies, the IRS suspected Remo might be hiding his assets by transferring them to other entities or individuals. The agency thus issued administrative summonses to several banks, including those at which Remo’s wife, Hanna, and his law firms held accounts. Although the IRS failed to notify Hanna or the … Read the rest