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Appeals Habeas Corpus

Nossaman LLP

Happy the Elephant Denied Personhood

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This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo....more

Woods Rogers

Appellate Practice: Original Jurisdiction Of Virginia Appellate Courts

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As discussed in our recent article, the Virginia General Assembly voted to allow most criminal defendants and civil litigants to have an appeal as of right to the Court of Appeals of Virginia starting on January 1, 2022. This...more

Kelley Drye & Warren LLP

The Application of Habeas Corpus to Animals May Well Constitute a Judicial Taking of Personal Property

Earlier this year, the Nonhuman Rights Project (“NRP”) filed an appeal to New York’s highest court, arguing for the release of Happy the Elephant from the Bronx Zoo. The basis of NRP’s case, which was rejected by both the...more

Cozen O'Connor

Notice of Appeal - October 2019

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Precedential Opinions of Note - Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations - BACKGROUND - A jury convicted Defendant of burglary, robbery, and felony-murder. The...more

Dorsey & Whitney LLP

The Supreme Court - June 24, 2019

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The Supreme Court of the United States issued four decisions on June 24, 2019: Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more

Allen Matkins

Court Rules Lot Sales Were Sales Of Securities

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After a five week trial, a San Diego jury convicted Ronald Duane Dunham of multiple crimes, including seven counts of securities fraud. He was sentenced to 12 years in prison. After unsuccessfully appealing his conviction to...more

A&O Shearman

Second Circuit Re-Affirms Insider Trading Conviction Of Rajat Gupta

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On January 7, 2019, the United States Court of Appeals for the Second Circuit affirmed — for the second time — the insider trading conviction of Rajat Gupta. Gupta v. United States, No. 15-2707 (2d Cir. Jan. 7, 2019). In a...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Overrules Precedent Requiring COA When Appealing Denial of Bail Pending Habeas Decision

In Illarramendi v. United States, 18-35 (October 16, 2018), the Second Circuit (Walker, Calabresi, Livingston) in a per curiam decision affirmed the denial of a motion for bail pending resolution of the motion to vacate...more

Robins Kaplan LLP

New York’s Highest Court Avoids Deciding Whether Chimps Can Seek Habeas Corpus Relief

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In quite an unusual case, the New York Court of Appeals recently avoided deciding whether chimpanzees can be protected by a writ of habeas corpus, denying a motion for leave to appeal a decision affirming two judgments of a...more

Dorsey & Whitney LLP

The Supreme Court - April 17, 2018

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The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Dorsey & Whitney LLP

The Supreme Court - March 22, 2018

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The Supreme Court of the United States issued two decisions yesterday: Marinello v. United States, No. 16-1144: Petitioner Carlo Marinello was indicted in 2012 for violating criminal tax laws following investigations...more

Sherman & Howard L.L.C.

News Now: Your One Minute Legal Insight (Embryos, Marijuana, TABOR, and More)

As always, there are a lot of topics to cover in this edition of News Now. Here are your highlights...more

Patterson Belknap Webb & Tyler LLP

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Parole Conditions Imposed On Notorious Spy

In a summary order issued on May 24, 2017, Pollard v. United States, 16-2918 (Raggi, Carney, and Kaplan by designation), the Circuit affirmed the decision of the United States District Court for the Southern District of New...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #4

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The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19229 - Michael T. v. Commissioner of Correction - Normally I do not summarize criminal matters due to time constraints. Recently Justice McDonald noted that it was a shame...more

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