| Constitutional Law Law |
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Brittany Morrow v. Barry Balaski
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As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.
Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More... $0 (06-07-2013 - PA)
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Jeanne Pahls v. Mathew Thomas
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Location, location, location. It is cherished by property owners and political demonstrators alike. Both groups, it turns out, are at the heart of this case. Plaintiffs- Appellees brought this action after law enforcement officials forced them to move to an unfavorable location to engage in protest activities but allowed a group espousing the opposite viewpoint to remain in place on private proper... More... $0 (06-04-2013 - )
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Paul A. Isaacson, M.D. v. Tom Horne
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Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.
Arizona House Bill 2036 (âH.B. 2036â or âthe Actâ), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks.... More... $0 (05-22-2013 - AZ)
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Michael Gray v. City of Galveston, Texas
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Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOVâT CODE ANN. §§ 554.002, 554.0035 (West 2012). The City... More... $0 (05-21-2013 - TX)
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Gila River Indian Community v. United States of America
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This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (âGlendaleâ) seek to set aside the Department of the Interiorâs decision to accept in trust, for the benefit of the Tohono Oâodham Nation (âth... More... $0 (05-20-2013 - AZ)
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Elijah W. v. The Superior Court of Los Angeles County
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A lawyer is obligated to preserve the confidentiality of client information. (Bus. & Prof. Code, § 6068, subd. (e)(1); Rules Prof. Conduct, rule 3-100(A); see Evid. Code, §§ 954, 955.) As a narrow exception to this duty, a lawyer may, but is not required to, reveal confidential information relating to the representation of a client to the extent the lawyer reasonable believes the disclosure is ... More... $0 (05-09-2013 - CA)
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Ray Charles Miller v. Rick Thaler
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Ray Charles Miller (âMillerâ) appeals the district courtâs denial of his 28 U.S.C. § 2554 application challenging his guilty-plea conviction for intoxicated manslaughter with a vehicle. We granted a certificate of appealability (âCOAâ) on three issues: (1) whether Millerâs trial counsel provided ineffective assistance regarding a lapsed plea offer from the State; (2) whether the trial... More... $0 (05-01-2013 - TX)
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Tarla Makaeff v. Trump University, LLC
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No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trumpâs âinsider success secrets,â is itself a public or limited public figure so as to implicate the First Amendme... More... $0 (04-18-2013 - CA)
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A.D. v. State of California Highway Patrol
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A police officer, who violates anotherâs constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process claus... More... $0 (04-03-2013 - CA)
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Clayton Lockett v. Anita Trammel
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In August 2000, an Oklahoma state court jury convicted Clayton Lockett of 19 counts, including burglary, assault, rape, and first degree murder. He was sentenced to 2,285 years and 90 days of imprisonment for his non-capital crimes and sentenced to death for his murder conviction. The Oklahoma Court of Criminal Appeals (âOCCAâ) affirmed Mr. Lockettâs convictions and sentence and later denied... More... $0 (04-01-2013 - OK)
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Derry Lovins v. Tony Parker, Warden
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After a Tennessee state court jury convicted
petitioner Derry Lovins of second-degree murder, the state trial court judge made
additional factual findings and enhanced Lovinsâs sentence from twenty to twenty-three
1
No. 11-5545 Lovins v. Parker Page 2
years based on those findings. In this petition for a writ of habeas corpus under
28 U.S.C. § 2254, Lovins... More... $0 (03-28-2013 - TN)
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The People v. Michael Nevail Pearson
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A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd.(a)(3), former § 12022.5, subd. (a).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modi... More... $0 (03-21-2013 - CA)
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Lisa Learmonth v. Sears, Roebuck and Co.
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A federal jury found Sears, Roebuck and Co. liable for causing Lisa
Learmonthâs injuries in an automobile accident. In a general verdict, the jury
awarded her $4 million in compensatory damages. On Searsâ motion, the district
court interpreted the award to include $2.2 million in noneconomic damages,
then reduced this portion of the award to $1 million pursuant to Mississippiâ... More... $0 (03-20-2013 - MS)
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K.A. v. Pcono Mountain School District
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K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the âSchool Districtâ), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.âs behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the ... More... $0 (03-12-2013 - PA)
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Lisa Learmonth v. Sears, Roebuck and Co.
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A federal jury found Sears, Roebuck and Co. liable for causing Lisa Learmonthâs injuries in an automobile accident. In a general verdict, the jury awarded her $4 million in compensatory damages. On Searsâ motion, the district court interpreted the award to include $2.2 million in noneconomic damages, then reduced this portion of the award to $1 million pursuant to Mississippiâs statutory cap... More... $0 (02-27-2013 - MS)
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Roselva Chaidez v. United States
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In Padilla v. Kentucky, 559 U. S. ___ (2010), this Court held that the Sixth Amendment requires an attorney fora criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that a person whose conviction became final before we decided Padilla can benefit from it. We conclude that, under the principles... More... $0 (02-20-2013 - IL)
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Jerry W. Gunn v. Vernon F. Minton
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Federal courts have exclusive jurisdiction over casesâarising under any Act of Congress relating to patents.â 28 U. S. C. §1338(a). The question presented is whether a state law claim alleging legal malpractice in the handling of a patent case must be brought in federal court.
I In the early 1990s, respondent Vernon Minton developed a computer program and telecommunications network design... More... $0 (02-20-2013 - TX)
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State of New Mexico v. Brian Hicks
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{1} This case presents the question of whether an officerâs knowledge that the registered owner of a vehicle has a revoked license provides reasonable suspicion to stop the vehicle when the officer makes no effort to determine, prior to the stop, whether the driver of the vehicle is the registered owner. The State appeals from the district courtâs grant of Defendant Brian Hicksâs motion to s... More... $0 (02-18-2013 - NM)
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Shawn Drumgold v. Timothy Callahan
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In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several... More... $0 (01-31-2013 - MA)
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Patrick S. Connelly v. The Steel Valley School District
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The question presented by this appeal is whether a Pennsylvania public school district violates the Constitution when it sets teacher salaries based, in part, on prior in-state teaching experience. We hold it does not.
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In September 2006, the Steel Valley School District hired Patrick Connelly as a sixth grade teacher. Steel Valley pays its teachers pursuant to a salary scale based ... More... $0 (01-24-2013 - PA)
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Gail Bierman v. Scott Weier
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This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the authorâs words, the book is âbased on my life.â It discusses Scottâs personal transformation, largely through his relationship with God, following his divorce âon bad termsâ from his first wife. Scottâs ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More... $0 (01-18-2013 - IA)
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United States of America v. Ramon Martinez
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Appellant Ramon Martinez, a federal prisoner, was convicted in 2004 of two offenses related to the distribution or possession of methamphetamine. He now wishes to file a second or successive habeas corpus motion under 28 U.S.C. § 2255.
Before seeking the required authorization from this court to pursue a second or successive § 2255 motion, see 28 U.S.C. § 2255(h); id. § 2244(b)(3), ... More... $0 (01-18-2013 - CO)
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PG Publishing Company v. Carol Aichele
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The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the mediaâs First Amendment right to gather news. Appellant PG Publishing Company (âAppellantâ or âPGâ) seeks review of the District Courtâs decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola... More... $0 (01-16-2013 - PA)
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B.S. v. Somerset County
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Appellant B.S. (âMotherâ) is the natural mother of M.N. (âDaughterâ), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Motherâs care in accordance with a court order that transferred custody to the childâs natural father, E.N. (âFatherâ). Mother claims that Somerset County (the âCountyâ), along with Somerset County Children and YouthMore... $0 (01-11-2013 - PA)
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John E. Gibson v. Texas Department of Insurance - Division of Workers' Compensation
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In February 2011 the Texas Department of Insurance issued a cease and desist letter to Appellant John Gibson, arguing that his use of the words âTexasâ and âWorkersâ Compâ in the domain name of his website violated § 419.002 of the Texas Labor Code. Gibson filed a complaint in the Northern District of Texas, alleging that the statute was unconstitutional under the First, Fifth, and Four... More... $0 (11-01-2012 - TX)
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