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Court Says State Doctors Immune From Most Suits
The Georgia Supreme Court has made it harder to sue state-employed doctors, overruling a 1997 decision the justices said confused matters.Supreme Court Agrees to Take D.C. Gun Case
The Supreme Court announced Tuesday it will take up the case of District of Columbia v. Heller, setting the stage for its first hard look in nearly 70 years at the meaning of the Second Amendment's "right of the people to keep and bear arms." The timing of the case makes it likely that the contentious issue of gun rights, and the importance of the Supreme Court as an issue for voters, will gain more prominence in the 2008 presidential campaign.Objections to Venue Rule Challenge Overruled
A majority of the Commonwealth Court en banc has overruled preliminary objections to a trial lawyers association's argument that a venue rule enacted by the Legislature regarding medical professional liability claims is unconstitutional.Statute of Limitations Applies When Seeking to Divorce a Jailed Spouse
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Commonwealth v. Heichel, PICS Case No. 10-1780 (C.P. Centre April 2010), Ruest, J. (4 pages).
There was no conflict of interest in this case where an attorney for the public defender's office, which had been appointed to represent defendant, left to join the district attorney's office but the attorney was not involved in defendant's case for either office. Motion for appointment of special counsel denied.Stakes Are Raised in Interpleader Actions
John W. Dreste, a partner with Ernstrom & Dreste, and Gavin M. Lankford, an associate at the firm, review a case of apparent first impression in which the Fourth Department held a subcontractor/interpleader defendant liable to another interpleader defendant for interest on contract funds that had been deposited into court.Applying �Apprendi' Retroactively Worries Justices
The U.S. Supreme Court appeared wary Monday of opening the door to retroactive application of its 2002 ruling that said judges, not jurors, should determine the facts that lead to death sentences. During oral arguments in Schriro v. Summerlin, several justices wondered aloud whether making the 2002 ruling in Ring v. Arizona retroactive would also necessarily lead to applying Apprendi v. New Jersey retroactively to a broad range of criminal cases.Daily Decision Alert: Vol. 14, No. 124 - June 27, 2006
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