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Criminal Defendants Have a Constitutional Right to Introduce Evidence of Clear Racial Bias in Jury Room After Guilty Verdict

The no-impeachment rule is that once a jury’s verdict has been entered, it cannot generally be called into question based on the comments or conclusions during jury deliberations. In Pena-Rodriguez v. Colorado, the U.S....more

June 2016: Trial Practice Update

Jury Selection—Batson v. Kentucky Is Alive and Well. Last month the United States Supreme Court issued its long-awaited decision in Foster v. Chatman, 578 U.S. (2016), reaffirming its 30-year-old decision in Batson v....more

The Supreme Court - June 2016 #6

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

The Supreme Court - June 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more

Supreme Court Decides Foster v. Chatman

by Faegre Baker Daniels on

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

The Supreme Court - May 2016 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

The Supreme Court - March 2016 #6

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

by Wilson Elser on

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

by Wilson Elser on

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

Cities Left on Their Own in Gun Control Ordinances … For Now

by Best Best & Krieger LLP on

The United States Supreme Court recently declined review of a lower court decision upholding a City of Highland Park, Ill. ordinance banning the sale and possession of semiautomatic guns that carry more than 10 rounds of...more

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

by Melito & Adolfsen on

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more

From A Spark To A Flame

by Baker Donelson on

Amazing news here in Alabama this week, as the Southern Poverty Law Center announced that 54 towns across the State are ending their contracts with private probation company Judicial Correction Services. Those who have...more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

by Robinson & Cole LLP on

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

White House Imposes Sanctions on Venezuela

by Cozen O'Connor on

On March 9, 2015, pursuant to authority contained in the recently enacted Venezuela Defense of Human Rights and Civil Society Act (Act), President Obama issued an executive order (EO) declaring a national emergency with...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

A Moment of Simple Justice - Felony Everything [Video]

by Mimesis Law on

Mar. 3, 2015 (Mimesis Law) -- NYPD Commissioner Bill Bratton argues that resisting arrest should be upgraded from a misdemeanor to a felony offense. Scott thinks that a bad idea....more

Federalism and States' Rights -- A Never Ending Battle

by Melito & Adolfsen on

Is Alabama Chief Justice Roy Moore out of touch with reality? How can a State Supreme Court Judge defy the ruling of a United States District Court? Because he feels he can. Remember Little Rock, Arkansas in 1954 and the...more

How the Rise in Undercover Investigations is Changing the Law  [Video]

by Mimesis Law on

Jan. 19, 2015 (Mimesis Law) -- Robert Blecker, professor of law at New York Law, talks with Lee Pacchia about the dramatic rise in undercover investigations and their effect on the legal defense of entrapment....more

A Moment of Simple Justice - A Prosecutor's Duty [Video]

by Mimesis Law on

Jan. 12, 2015 (Mimesis Law) -- Did District Attorneys Robert McCulloch and Daniel Donovan fulfill their ethical duties in the cases of Michael Brown and Eric Garner?...more

A Moment of Simple Justice - Undercover Lover  [Video]

by Mimesis Law on

Jan. 5, 2015 (Mimesis Law) -- Undercover cops are faced with difficult decisions every minute of their day while on duty, but is fathering a child with a target going too far? According to Scott, drawing the line between...more

A Moment of Simple Justice - Snitching Ain't Easy [Video]

by Mimesis Law on

Nov. 3, 2014 (Mimesis Law) -- The DEA gets into the business of making fake Facebook profiles of informants and Scott sorts through the damage....more

A Moment of Simple Justice - Revenge Porn  [Video]

by Mimesis Law on

August 18, 2014 (Mimesis Law) -- As revenge porn laws crop up across the United States, Scott talks about some of the unintended consequences that can result from criminalizing such a broad swath of online activity....more

Is Punishment Dead in America? [Video]

by Mimesis Law on

Feb. 25, 2014 -- New York Law School Professor Robert Blecker discusses his new book entitled "The Death of Punishment: Searching for Justice among the Worst of the Worst." Harvard Law School's Laurence Tribe called the book...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe

by DLA Piper on

The Right To Freedom Of Assembly And Expression In The European Union - A.) General Description Of The Applicable Legal Administrative Procedures - On a European level, fundamental rights are laid down in the...more

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