New Supreme Court term packed with big cases 
By Kimberly Atkins -
Published: September 1, 2010
Tags: arbitration, civil rights, Criminal Law, Employment Law, preemption, retaliation, Supreme Court
This term the U.S. Supreme Court will take on issues ranging from the ability to file suit in matters involving arbitration clauses or federal regulations, to retaliation and privacy issues in employment law, to major criminal law and civil rights questions.
Search warrant for ‘all firearms’ is overbroad
Published: August 25, 2010
Tags: civil rights, Fourth Amendment, search and seizure, §1983
Police violated the Fourth Amendment when they executed an “all firearms” search warrant when seeking a specifically identifiable shotgun used in an alleged spousal assault, the en banc 9th Circuit has ruled in affirming judgment.
Defendant who shot through window guilty of shooting ‘at’ car
Published: August 16, 2010
Tags: firearm
A person who is outside a vehicle but fires a handgun while reaching into the vehicle may be convicted of shooting “at” an occupied vehicle, the California Court of Appeal has ruled.
Hearing impaired defendant adequately accommodated at trial
Published: August 16, 2010
Tags: due process, reasonable accommodation
Measures employed to accommodate a criminal defendant’s partial hearing loss were reasonable and adequate and his constitutional rights were not violated because he failed to inform the court until his sentencing that he could not hear portions of the trial, the Wyoming Supreme Court has ruled.
Juvenile conviction can be considered during career criminal sentencing
Published: August 13, 2010
Tags: Armed Career Criminal Act, sentencing
A defendant’s juvenile conviction for assault may be considered in determining whether he was an armed career criminal under the federal Armed Career Criminal Act, the 6th Circuit has ruled.
Police can search bag while suspect is handcuffed
Published: August 13, 2010
Tags: Fourth Amendment, search and seizure
The search of a bag incident to an arrest is permissible because a reasonable possibility existed that the defendant could have accessed a weapon or destroyed evidence in the bag, the 3rd Circuit has ruled.
Police can be sued for wrongful conviction
Published: August 12, 2010
Tags: Brady, civil rights, malicious prosecution
A man who was exonerated after being wrongfully convicted of murder can sue the officers who investigated the case and withheld critical information for malicious prosecution, the 6th Circuit has ruled.
Attorneys take on prescription ‘drugged’ driving cases
By Sylvia Hsieh -
Published: August 12, 2010
Tags: drugged driving, DUI, prescription drugs
Prosecutors are stepping up their efforts against prescription “drugged drivers,” but DUI defense attorneys are taking them on, and often they are winning.
Former assistant coach sues over altercation
Published: August 9, 2010
Tags: assault, New Mexico, racial discimination, University of New Mexico
A former assistant football coach has sued the University of New Mexico Board of Regents and coach Mike Locksley over an altercation between the two men last year.
Warrantless GPS use violates Fourth Amendment
Published: August 9, 2010
Tags: Fourth Amendment, GPS
The prolonged use of a GPS device without a warrant to track a suspect’s vehicle violates the Fourth Amendment, the D.C. Circuit has ruled.
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