By Adolfo Pesquera | February 16, 2023
Texas bases its constitutional arguments on definitions of "quorum," "attendance" and "assembly" as the Founding Fathers would have understood them.
By Jason Grant | February 16, 2023
"A discriminatory policy is no less discriminatory, because it has a 'leveling' effect. In fact, the 'leveling' effect may be precisely what is discriminatory," wrote Sixth Circuit Judge Joan Larsen.
By Rubin M. Sinins | February 16, 2023
No available New Jersey decision analyzes geofence warrants. 'U.S. v. Rhine', a decision issued two weeks ago by the federal district court for the District of Columbia, denying a January 6 defendant's motion to suppress geofence evidence, notes the limited number of federal authorities that have considered geofence warrants.
By Brian Lee | February 10, 2023
The governor's budget seeks to increase assigned counsel rates to $158 an hour in downstate localities, and to $119 an hour upstate.
By Adolfo Pesquera | February 9, 2023
"If there is any hole in the evidence here, it is the state's doing by denying her the basic service of preserving the evidence," Holt M. Lackey wrote.
By Mason Lawlor | February 9, 2023
"Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.
By Marianna Wharry | February 9, 2023
The Washington State Supreme Court explored the meaning of "counsel" as opposed to "effective counsel" for the first time when it considered if an…
By Jason Grant | February 9, 2023
The inmate has "stated a plausible claim for relief by arguing that his use of the anticonvulsant drug gabapentin for back pain would make his brain less responsive, or possibly unresponsive, to a drug used by Georgia for lethal injections," wrote a three-judge circuit court panel.
By Adolfo Pesquera | February 8, 2023
"This is the mother of all pre-enforcement actions, is it not? We're almost close to the taxpayer suit challenging whatever Congress does that the taxpayer doesn't like," Judge Cory T. Wilson said.
By Jane Wester | February 8, 2023
Asking the U.S. Supreme Court to take up the case, attorneys William Brewer and Eugene Volokh argued that a Second Circuit opinion "gives state officials free rein to financially blacklist their political opponents."
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