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SPEEDY TRIAL ACT 

Published: March 8, 2010
Tags: Speedy Trial Act

The time granted to prepare pretrial motions is not automatically excluded from the 70-day limit to bring a defendant to trial unless the court grants a continuance.

See “Justices rule in Speedy Trial case.“

U.S. Supreme Court. Bloate v. U.S., No. 08-728.  March 8, 2010. Lawyers USA No. 993-1677.

BANKRUPTCY 

Published: March 8, 2010
Tags: Bankruptcy

Bankruptcy attorneys are “debt relief agencies” under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and are therefore subject to its regulations.

See “Bankruptcy lawyers are ‘debt relief agencies’.”

U.S. Supreme Court. Milavetz, Gallop & Milavetz, P. A. v. U.S., No. 08-1119.  March 8, 2010. Lawyers USA No. 993-1676.

ARMED CAREER CRIMINAL ACT 

Published: March 2, 2010
Tags: Armed Career Criminal Act

A defendant’s prior conviction for simple battery under state law didn’t justify an enhanced sentence under the federal career offender statute.

See “Justices rule in ‘violent felony’ case.”

U.S. Supreme Court. Johnson v. U.S., No. 08-6925. March 2 2010. Lawyers USA No. 993-1665.

COPYRIGHT ACT 

Published: March 2, 2010
Tags: Copyright Act

Section 411(a)’s registration requirement is a precondition to filing a copyright infringement claim, but a copyright holder’s failure to comply does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works.

U.S. Supreme Court. Reed Elsevier, Inc. v. Muchnick, No. 08-103. March 2, 2010. Lawyers USA No. 993-1697.

PETROLEUM MARKETING PRACTICES ACT 

Published: March 2, 2010
Tags: Petroleum Marketing Practices Act

A petroleum franchisee cannot recover for constructive termination if allegedly wrongful conduct by the franchisor did not compel the franchisee to abandon its franchise.

U.S. Supreme Court. Mac’s Shell Service, Inc. v. Shell Oil Products Co., No. 08-240. March 2, 2010. Lawyers USA No. 993-1696.

HABEAS CORPUS 

Published: March 1, 2010
Tags: habeas corpus

The Court declined to rule on whether a federal court exercising habeas jurisdiction may order the release of prisoners held at Guantanamo Bay in light of the fact that most detainees have accepted offers to resettle elsewhere.

U.S. Supreme Court. Kiyemba v. Obama, 08-1234. March 1, 2010.Lawyers USA No. 993-1664.

‘MIRANDA’ WARNING 

Published: February 24, 2010

The statement of a defendant made two years after he exercised his Miranda right not to speak without an attorney need not be suppressed.

See “Justices rule in ‘Miranda’ case.”

U.S. Supreme Court. Maryland v. Shatzer, No. 08-680.  Feb. 24, 2010. Lawyers USA No. 993-1650.

DIVERSITY JURISDICTION 

Published: February 23, 2010
Tags: diversity jurisdiction

A corporation is a citizen of the state where its “nerve center” is located for the purpose of establishing federal diversity jurisdiction.

See “Justices adopt ‘nerve center’ test for diversity jurisdiction.”

U.S. Supreme Court. Hertz Corp. v. Friend, No. 08-1107. Feb. 23, 2010. Lawyers USA No. 993-1638.

‘MIRANDA’ WARNING 

Published: February 23, 2010
Tags: Miranda warning

A Miranda warning given by Florida officers indicating the right to an attorney “before” questioning adequately informed the defendant of his Fifth Amendment rights.

See “Justices find ‘Miranda’ warning adequate”

U.S. Supreme Court. Florida v. Powell, No. 08-1175. Feb. 23, 2010. Lawyers USA No. 993-1637.

EXCESSIVE FORCE 

Published: February 22, 2010
Tags: Eighth Amendment, Excessive Force

A prisoner’s excessive force claim must be based on the nature of the force rather than the extent of the injury.

U.S. Supreme Court. Wilkins v. Gaddy, No. 08–10914. Feb. 22, 2010. Lawyers USA No. 993-1698.