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The Supreme Court - March 2016 #2

The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

Supreme Court Update: Lockhart V. United States (14-8358), Gobeille V. Liberty Mutual Insurance Co. (14-181)

Who could have imagined a month ago that our summary of Justice Scalia's dissent in Montgomery v. Alabama (14-280) would be our last opportunity to analyze an opinion from the Justice who, alongside Jackson and Holmes, will...more

Parents Arrested for Unsupervised Children: The Rest of the Story

I am always outraged by the stories of parents arrested for allowing their children to play in ways that earlier generations considered routine. But a recent court decision reminded me that the story is not always as clear as...more

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

Supreme Court Update: Carroll V. Carman (14-212), Johnson V. City Of Shelby (13-1318) And Order List

Greetings, Court fans! We're back with decisions two and three of OT14 (did you already forget about Lopez v. Smith?) as well as last week's news of cert petitions granted and likely to be granted. Police officers...more

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

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

New York Increases Penalties for Repeat Domestic Abusers

Attorney Steven Getman reports that New York State has enacted new penalties for repeat domestic abusers, including tougher standards for bail pending trial. The law was signed on Thursday (October 25). It creates the...more

People v Likine

Mich Supreme Court Allows Impossibility Defense in Felony Child Support

The Michigan Supreme Court reversed the Michigan Court of Appeals and ordered the case remanded for a new trial of the child support payor, Selesa Likine. The Likine Court recognized the applicability of the impossibility...more

Legal Byte: After a parent sexually abuses his daughter should the courts grant him custody of his sons?

Legal Byte: After a parent sexually abuses his daughter should the courts grant him custody of his sons? Find out what California courts have to say....more

Hamilton v. Lethem

Petitioner's Application for a Writ of Certiorari

Although the focus of our blog is land use and related topics, our practice involves more than that -- we also take appeals in other areas of law that present unsettled or untested questions. Here's the latest example, a...more

People v Likine

Defendant-Appellant's Reply Brief filed with the Michigan Supreme Court relative to the constitutional challenge to Michigan's...

Here again, Ms. Likine, through her able appellate lawyers, argues that state law cannot criminalize the impossible; that "cross-over collateral estopple" does not apply to this case; and that Ms. Likine should be allowed to...more

People v Likine

Amicus Brief of the Prosecuting Attorneys Association of Michigan (PAAM) filed with the Michigan Supreme Court.

This amicus brief brings the considerable resources of PAAM, and specifically the sharp appellate mind of the long-serving Wayne County Prosecutor's appellate chief, Timothy Baughman, to bear on the crux of the constitutional...more

People v Likine

Attorney General-Appellee's Brief filed with the Michigan Supreme Court

Here is the Attorney General's response to Appellant in the Likine case, challenging the constitutionality of Michigan's felony child support statute. In Michigan, the Attorney General charges many of the more offensive...more

People v Likine

Defendant-Appellant's Brief to the Michigan Supreme Court challenging constitutionality of felony child support statute.

This brief is the culmination of the constitutional challenge to Michigan's felony child support statute, MCLA 750.165, brought by the University of Michigan Law School's "Innocence Project" and UM Law Professor David Moran,...more

Tips on Hiring an Attorney

I created this document for the purpose of public information and assistance when seeking legal counsel. For most people, it is a daunting task. These tips will give people some direction....more

Jiovon Anonymous v. City of Rochester

Opinion and Order

The New York State Supreme Court, Appellate Division, Fourth Department has declared the City of Rochester's youth curfew to be unconstitutional and contrary to New York State law. ...more

Matter of GERALD R.M., Also Known as Gerald R.M., III, Respondent-Appellant. Seneca County Attorney, Petitioner-Respondent.


On appeal from an order adjudging him to be a juvenile delinquent and, inter alia, placing him in the custody of the New York State Office of Children and Family Services, respondent contends that the petition fails to comply...more

Counsel for ovid man at issue; his entitlement to public defender is questioned. He's engaged to his victim

The Seneca County Board of Supervisors says an Ovid man, who has become engaged since his assault and arson conviction in January, may no longer qualify for a public defender for his appeal. The woman whom Eric Harris, 35,...more

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