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Law.com

'I Need to Talk to an Attorney:' Idaho Man Denied Relief Despite Miranda Violation, Federal Judge Holds

"This Court reaches its conclusion with deep misgivings," U.S. District Judge for the District of Idaho B. Lynn Winmill wrote. "Vega denies individuals like Dr. Moore the ability to seek a remedy for violations of their Fifth Amendment right to counsel. In so doing, '[t]he majority here, as elsewhere, injures the right by denying the remedy.' It is illogical and perverse to insist that the Constitution guarantees a right while stripping the people of their ability to hold government officials civilly accountable for violating it."
4 minute read

Daily Business Review

Eleventh Circuit: 15-Year Mandatory Minimum Sentence Vacated Over 'Serious Drug Offense' Qualification Under ACCA

"We disagree," Brasher wrote. "We have held that an offense is a 'serious drug offense' under Section 924(e)(2)(A (ii) if it proscribes one of the kinds of conduct listed in that section, i.e., 'manufacturing' distributing, or possessing with intent to manufacture or distribute." United States v. Penn, 63 F.4th 1305, 1316 (11th Cir. 2023). But possessing a listed chemical with reasonable cause to believe it will be used to manufacture is not itself 'manufacturing.' Likewise, this offense does not 'involv[e] manufacturing' as we have previously defined that term."
5 minute read

Connecticut Law Tribune

30 Years Later, a Connecticut Judge Is Righting a Wrong

The evidence of Henry Lee's fabrication was overwhelming, the court found.
5 minute read

Law.com

Montana High Court Affirms Defendant's Conviction Despite 1,300-Day Wait for Trial

In a July 25 opinion, the state high court determined that while the state hadn't shown a valid reason for the delay, which was six times beyond the 200-day trigger period, the appellant, Kenneth Wayne Daly, hadn't shown that he was prejudiced by the delay.
8 minute read

Law.com

20 Feet Too Far: Virginia Court Reverses Conviction, Concludes It Is Only State to Include 'Immediate Physical Ability' to Arrest Fleeing Suspect

"Virginia appears to be the only state in the country that includes as an element of its fleeing-from-arrest law that the defendant must be within the officer's immediate physical ability to place the person under arrest," Judge Stuart A. Raphael wrote on behalf of the majority.
6 minute read

Litigation Daily

'Fight Like Your Life Depended on It': Cooley's Kathleen Hartnett Reflects on a Decades-Long Relationship With a Pro Bono Client

"I think there is some lesson here for the skeptical at times lawyers to just really keep it up and not give up," said Hartnett of her client Nakia Roy, who at times in his decades-long appeals represented himself pro se.
6 minute read

Law.com

'Designed to Harass': Seattle-Based Attorney Facing Suspension Appeals Dismissal of Suit Against Estranged Wife's Lawyer

"After reviewing the Amended Complaint and Plaintiff's communications with Defendants, the Court finds that Plaintiff's harassing conduct is reprehensible, clearly sanctionable, and not the proper conduct of anyone, let alone a licensed attorney," Senior U.S. District Judge Henry E. Hudson wrote.
6 minute read

New York Law Journal

Decision of the Day: Venue in SDNY Proper in Case Under Computer Fraud and Abuse Act

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read

Daily Report Online

Alabama Inmate Asks Appeals Court to Block His Execution, Citing State's Past Problems

James Barber, 54, is scheduled to receive a lethal injection Thursday as the state seeks to resume executions following a lengthy pause.
2 minute read

National Law Journal

Full 4th Circuit Won't Hear Jury Instruction Challenge in Lawyer's Money Laundering Conviction

Suspended Baltimore criminal defense attorney Kenneth Ravenell will appeal to the U.S. Supreme Court.
3 minute read

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