Category Archives: Judiciary

Whitaker appointment dispute reaches Supreme Court

Since the moment President Donald Trump appointed Matthew Whitaker as Acting Attorney General on Wednesday, November 7, the move has been met with significant political and legal criticism, with numerous lawyers and commentators arguing that the president lacked both statutory and constitutional authority to name Whitaker—previously chief of staff to Attorney General Jeff Sessions—as Sessions’ interim successor. That argument may soon receive a conclusive resolution, thanks to an unusual motion filed in the Supreme Court late on Friday afternoon. The movant, Barry Michaels, brought suit in March of 2016 against the attorney general and another senior government official seeking to challenge the constitutionality of the federal ban on possession of firearms by convicted felons. After losing in the lower courts, Michaels filed a petition for certiorari on June 27, in which the solicitor general’s response is currently due on December 17. But in a filing….. To continue reading this legal news please click Read full information...

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Case o' The Week: A brace of categorical wins — Menendez and CPC 288(c)(1) offenses

The Honorable Judge William Fletcher  Taylor-ed to a T.Menendez v. Whitaker, 2018 WL 5832974 (9thCir. Nov. 8, 2018), decision available here.Players:  Decision by Judge W. Fletcher. Concurrence by Judge Callahan, joined by Judge Owens.  Facts: The Ninth considered two petitions for review of decisions of the Board of Immigration Appeals (BIA). Id.at *2. In both cases, the petitioners were aliens potentially subject to removal. The BIA found that the men had either a crime of moral turpitude, or a crime involving child abuse, because they had been convicted of California Penal Code Sec. 288(c)(1). Id.Section 288(c)(1) prohibits the commission of a “lewd or lascivious act” when the victim is a child of 14 or 15 years old, and the defendant is at least 10 years older than the child. Id. Issue(s): Is California Penal Code Section 288(c)(1) either a “crime of moral turpitude” under 8 USC § 1182(a)(2)(A)(i)(I), or a crime….. To continue reading this legal news please click Read full information...

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D’oh! Cut and paste job goes bad… charges against Assange revealed in unrelated court filing.

The Washington Post has the story, which is every lawyer’s nightmare when they hit the file button on cm/ecf:WikiLeaks founder Julian Assange has been charged under seal, prosecutors inadvertently revealed in a recently unsealed court filing — a development that could significantly advance the probe into Russian interference in the 2016 election and have major implications for those who publish government secrets.The disclosure came in a filing in a case unrelated to Assange. Assistant U.S. Attorney Kellen S. Dwyer, urging a judge to keep the matter sealed, wrote that “due to the sophistication of the defendant and the publicity surrounding the case, no other procedure is likely to keep confidential the fact that Assange has been charged.” Later, Dwyer wrote the charges would “need to remain sealed until Assange is arrested.”Dwyer is also assigned to the WikiLeaks case. People familiar with the matter said what Dwyer was disclosing was true,….. To continue reading this legal news please click Read full information...

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Confira a programação da Rádio Justiça para esta quinta-feira (15)

Revista Justiça Quinta-feira é dia de comentários de artigo por artigo do novo Código de Processo Civil, com o juiz e professor José Herval Sampaio Junior. O programa também destaca o projeto "Papai Noel nos Correios", uma ação social que ganhou força e passou a unir a empresa e a população em uma grande corrente de solidariedade. A assessora da Superintendência estadual dos Correios de Brasília, Simone Barreto Oliveira, conta detalhes sobre o projeto e a forma de participar. O Revista Justiça também apresenta o quadro Justiça Eleitoral com o analista judiciário do Tribunal Superior Eleitoral e cientista político Alessandro Costa. Nesta edição, ele fala sobre julgamentos de registros de candidatos no TSE e também sobre infidelidade partidária. O programa ainda destaca os Jogos Escolares da Juventude, evento nacional….. To continue reading this legal news please click Read full information...

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Court adds two new cases to merits docket

This morning the justices issued orders from last week’s private conference. They added two new cases to their merits docket for the term and denied review in a group of capital cases from Florida, with the latter spurring three separate (and sometimes strongly worded) opinions. The justices will once again return to the subject of racial gerrymandering, in a case from Virginia challenging the districting plan drawn in 2011 for the state’s House of Delegates. In 2017, the Supreme Court ruled that a three-judge district court had applied the wrong legal standard when it upheld 12 districts against claims that they were the product of racial gerrymandering. The justices sent the case back to the lower court, ordering it to take another look at 11 of those districts – and, in particular, whether race was the primary factor used to draw the districts. (The justices upheld the 12th district.) Applying the standard outlined by the Supreme Court, the lower court….. To continue reading this legal news please click Read full information...

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