Justices rule in Double Jeopardy case 
Published: May 24, 2012
Tags: Criminal Law, criminal procedure, double jeopardy, Supreme Court
An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.
Lawyers, lawmakers ponder limits of GPS tracking ruling
By:
Kimberly Atkins
Published: May 22, 2012
Tags: Congress, Criminal Law, electronic monitoring, GPS, Supreme Court, U.S. v. Jones
WASHINGTON – Months after the U.S. Supreme Court ruled that the police’s use of GPS tracking devices on suspects’ cars constitutes a search for Fourth Amendment purposes, law enforcement officials, defense lawyers and lawmakers are trying to define the limits of the ruling.
Parent’s years of residency not imputed to alien child
Published: May 21, 2012
Tags: Board of Immigration Appeals, immigration, imputation, Supreme Court
The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.
Party can’t recover cost of translating documents
Published: May 21, 2012
Tags: Supreme Court, translator
A defendant that prevailed in a personal injury case filed in federal court could not recover its costs for translating documents from Japanese to English, the U.S. Supreme Court has ruled in a 6-3 decision.
Posthumously conceived kids not entitled to benefits
Published: May 21, 2012
Tags: in vitro fertilization, Social Security benefits, Supreme Court
The Social Security Administration reasonably interpreted federal law in determining that only children supported by a deceased wage earner in his or her lifetime are entitled to Social Security benefits, the U.S. Supreme Court has ruled.
State attorneys general push for generic drug legislation
Published: May 18, 2012
Tags: Congress, failure to warn, PLIVA v. Mensing, Supreme Court
WASHINGTON – State attorneys general are urging Washington lawmakers to pass a bill that would allow generic drug makers to face the same liability as brand name drug companies for failing to include adequate warnings on drug labels.
Farm sale income tax not dischargeable in bankruptcy
Published: May 14, 2012
Tags: Bankruptcy, Chapter 12, discahrge, farms, Supreme Court
The federal income tax liability resulting from the sale of a farm after a Chapter 12 bankruptcy filing is not “incurred by the estate” under §503(b) of the Bankruptcy Code and thus is neither collectible nor dischargeable in the bankruptcy plan, the U.S. Supreme Court has ruled.
Obama voices support for same-sex marriage
Published: May 10, 2012
Tags: gay marriage, Obama, same-sex marriage, Supreme Court
WASHINGTON – President Barack Obama said he believes same-sex couples should be able to marry, becoming the first U.S. president to publicly endorse gay marriage.
Previously, Obama voiced support only for same-sex civil unions.
Lawyers await ‘Padilla’ retroactivity ruling
By:
Kimberly Atkins
Published: May 5, 2012
Tags: immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, Supreme Court
WASHINGTON – Two years after the U.S. Supreme Court’s landmark ruling that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, the justices are poised to decide just how far back that constitutional protection extends.
Justices to decide whether ‘Padilla’ duty is retroactive
Published: April 30, 2012
Tags: collateral consequences, Criminal Law, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment, Supreme Court
The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively.
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