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Privacy ruling forces lawyers to handle DMV data with care (access required)

By: Pat Murphy
Published: June 19, 2013

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Four of South Carolina’s most prominent trial lawyers are facing potential liability for millions of dollars in damages in the wake of Monday’s decision by the U.S. Supreme Court to broaden the protections afforded personal information compiled by state departments of motor vehicles.

DRIVER’S PRIVACY PROTECTION ACT (access required)

Published: June 17, 2013

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The litigation exception to the federal Driver’s Privacy Protection Act does not allow attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients.

See “Attorneys can’t get driver information to solicit clients, justices rule

U.S. Supreme Court. Maracich v. Spears, No. 12-25. June 17, 2013. Lawyers USA No. 993-3480.

FEDERAL PREEMPTION (access required)

Published: June 17, 2013

Arizona’s evidence-of-citizenship requirement, as applied to Federal Form voter registration applicants, is pre-empted by the federal National Voter Registration Act.

See “Court nixes Ariz. proof of citizenship law.”

U.S. Supreme Court. Arizona v. Inter Tribal Council of Ariz. Inc., No. 12-71. June 17, 2013. Lawyers USA No. 993-3482.

‘MIRANDA’ WARNING (access required)

Published: June 17, 2013

The Fifth Amendment right to remain silent is not self-executing; it must be expressly invoked by a witness during pre-arrest questioning by police.

See “Court: Silence not enough to invoke ‘Miranda’ right.”

U.S. Supreme Court. Salinas v. Texas, No. 12-246. June 17, 2013. Lawyers USA No. 993-3483.

 

Guilty plea can stand despite judge’s violation of rules (access required)

By: Sylvia Hsieh
Published: June 13, 2013

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Even though a judge blatantly violated rules of criminal procedure by advising a defendant that his best option was to “come to the cross” and plead guilty, the defendant cannot automatically vacate his guilty plea unless he shows that he was prejudiced by the plea, the U.S. Supreme Court has ruled in a unanimous decision.

WATER RIGHTS (access required)

Published: June 13, 2013

The Red River Compact does not preempt Oklahoma water statutes.

See “Court backs Okla. in Texas water rights dispute.”

U.S. Supreme Court. Tarrant Regional Water Dist. v. Herrmann, No. 11-889. June 13, 2013. Lawyers USA No. 993-3475.

 

PATENT LAW (access required)

Published: June 13, 2013

Isolated human gene components are not patentable, but synthetically created genetic material may be patented.

See “Supreme Court nixes human gene patents.”

U.S. Supreme Court. Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398. June 13, 2013. Lawyers USA No. 993-3474.

 

FEDERAL PREEMPTION (access required)

Published: June 13, 2013

The Federal Aviation Administration Authorization Act expressly preempts the terms of a concession agreement between a city’s port authority and drayage companies.

U.S. Supreme Court. American Trucking Assns., Inc. v. Los Angeles, No. 11-798. June 13, 2013. Lawyers USA No. 993-3473.

 

EX POST FACTO (access required)

Published: June 10, 2013

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Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause.

See “Harsher sentencing guidelines violate Ex Post Facto Clause

U.S. Supreme Court. Peugh v. U.S., No. 12-62. June 10, 2013. Lawyers USA No. 993-3467.

 

 

 

 

Harsher sentencing guidelines violate Ex Post Facto Clause (access required)

By: Sylvia Hsieh
Published: June 10, 2013

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Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause, the U.S. Supreme Court has ruled in a 5-4 decision.

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