Appellate Practice

NY Appeals Court: Top US Court’s Padilla Ruling Applies re ‘96 Plea Now Blamed on Counsel’s Advice

Sixteen years after Roman Baret’s guilty plea in 1996 to criminal sale of a controlled substance, a New York appeals court has held that the U.S. Supreme Court’s landmark 2010 ruling in Padilla v. Kentucky applies retroactively. It requires defense lawyers to advise clients of any adverse immigration consequences of…

Oct 4, 2012 4:34 PM CDT

Fined $15 Over Cockatoo’s Saucy Squawks, Bird’s Owner Is Appealing on Constitutional Grounds

It isn’t so much the $15 fine as the constitutional principle at issue, according to a Rhode Island woman who owns a cockatoo who reportedly squawks a blue streak. Lynne L. Taylor has already appealed to state superior court a Sept. 17 finding by Municipal Court Judge Joel Gerstenblatt that…

Sep 28, 2012 9:08 PM CDT

Man Facing Execution Next Week Says Prosecutors Hid Mitigating Evidence at Sentencing

A Philadelphia man facing execution next week for a 1984 murder claims prosecutors hid evidence at his sentencing that he had been sexually abused by the man he was convicted of killing. Terrance Williams, 46, says the evidence, which was only turned over to the defense on Monday, corroborates his…

Sep 27, 2012 5:54 PM CDT

9th Circuit Splits 6-5 Over Immigration Provision, Sides with Applicants Who’ve ‘Aged Out’

In an en banc ruling, the 9th U.S. Circuit Court of Appeals has held that children of immigrants who are given derivative visas can immigrate with their parents to the United States, even if they’ve “aged out” by turning 21 before their parents’ visas were processed. The Recorder reports that…

Sep 27, 2012 12:05 PM CDT

5th Circuit Upholds Criminal Penalties Under Texas Open Meeting Law

In a decision hailed as a victory by open government advocates, the 5th U.S. Circuit Court of Appeals has upheld Texas’ open meetings law and the use of criminal penalties for public officials if they conduct government business in secret. A group of government officials from 15 Texas cities challenged…

Sep 26, 2012 3:46 PM CDT

SCOTUS Agrees to Hear 2 Pro Se Appeals; One Written in Pencil by Inmate off of Website Form

In a highly unusual move, the nation’s top court on Tuesday agreed to hear two pro se appeals, both of which apparently involve sovereign immunity issues. One was written in longhand, in pencil, by an inmate at a federal prison in Pennsylvania, using a boilerplate form that can be downloaded…

Sep 25, 2012 10:56 PM CDT

Memories Conflict at Hearing for Army Doctor Convicted in Long-Ago ‘Fatal Vision’ Murder Case

Still fighting his 1979 conviction for murdering his pregnant wife and two young daughters in their Fort Bragg, N.C., home 42 years ago, a former U.S. Army physician who became a household name is once again in the headlines as witnesses testify about evidence and legal counsel in the notorious…

Sep 24, 2012 8:52 PM CDT

Pro Se Ex-Judge Blames Jailed Ex-Colleague for 17.5-Year Prison Term in Kids-for-Cash Case

Convicted in the so-called kids-for-cash case and sentenced to a federal prison term of over 17 years for his role in a profitable Pennsylvania juvenile-detention scheme, a former president judge in Luzerne County is blaming a jailed ex-colleague on the bench for his hefty sentence. In a pro se filing,…

Sep 20, 2012 10:42 PM CDT

6th Cir. OKs Civil RICO Class Suit Against Edwards Wildman, Client Insurer re Tax-Shelter Marketing

Reversing a lower court’s dismissal of a civil racketeering class action against a law firm and a client insurer, a federal appeals court in Cincinnati on Wednesday gave the lawsuit a green light. The suit was filed because of the defendants’ marketing of a tax shelter later determined by the…

Sep 20, 2012 4:15 PM CDT

Calif. Judge Ponders Whether Dog That Bit Cop, Chased Police Horse 1.6 Miles Should Be Put Down

Updated and corrected: An unleashed male dog reportedly made a beeline for a mounted National Park Service police officer as the dog was out running with his owner on Aug. 6 in Crissy Field in the San Francisco area. The dog, known as Charlie, bit the boot of the officer,…

Sep 19, 2012 4:35 PM CDT

New Round in 25-Year-Old Tree Dispute Puts Same Neighbors, Now Elderly and Elsewhere, At Odds Again

After a dispute spanning 25 years that at one point went briefly to the California Supreme Court, an elderly Oakland woman won the right to trim neighbors’ trees that were blocking the view from her property of the San Francisco Bay. But now Phyllis Bishop, who is 95 and living…

Sep 18, 2012 8:05 PM CDT

Attorneys Wage Scorched-Earth Legal Battle Over $11K Share of ‘Millionaire’ Show Winnings

A hard-fought legal battle between two former friends who are both lawyers has resulted in an $11,376 award, multiple fines and legal ethics complaints and an ongoing appeal. It all began with an email in which Kevin Hirsch offered to help 20 friends with an automated phone quiz that could…

Sep 17, 2012 7:37 PM CDT

Top Oregon Court Asked to Rule: Must Soldier Choose Between Violating Army Order or Probation?

Correction: On probation for two misdemeanor sex offenses, a Oregon man who is a member of the Army Reserve is currently facing a tough choice: Ordered by the U.S. Army to deploy to Afghanistan, Derrick James McDonald, 22, will be in serious trouble if he fails to do so. But…

Sep 13, 2012 10:47 PM CDT

8th Circuit OKs $222K Award But Avoids Ruling on Key Issue in Historic RIAA File-Sharing Case

After three jury trials, it appears that the legal saga of the first individual to fight a Recording Industry Association of America demand for payment for illegal downloading of copyrighted music still hasn’t come to an end. In a procedurally complex decision Tuesday, a federal appeals court panel held that…

Sep 11, 2012 8:52 PM CDT

NY Appeals Court: Top US Court’s Padilla Ruling Applies re ‘96 Plea Now Blamed on Counsel’s Advice

Fined $15 Over Cockatoo’s Saucy Squawks, Bird’s Owner Is Appealing on Constitutional Grounds

Man Facing Execution Next Week Says Prosecutors Hid Mitigating Evidence at Sentencing

9th Circuit Splits 6-5 Over Immigration Provision, Sides with Applicants Who’ve ‘Aged Out’

5th Circuit Upholds Criminal Penalties Under Texas Open Meeting Law

SCOTUS Agrees to Hear 2 Pro Se Appeals; One Written in Pencil by Inmate off of Website Form

Memories Conflict at Hearing for Army Doctor Convicted in Long-Ago ‘Fatal Vision’ Murder Case

Pro Se Ex-Judge Blames Jailed Ex-Colleague for 17.5-Year Prison Term in Kids-for-Cash Case

6th Cir. OKs Civil RICO Class Suit Against Edwards Wildman, Client Insurer re Tax-Shelter Marketing

Calif. Judge Ponders Whether Dog That Bit Cop, Chased Police Horse 1.6 Miles Should Be Put Down

New Round in 25-Year-Old Tree Dispute Puts Same Neighbors, Now Elderly and Elsewhere, At Odds Again

Attorneys Wage Scorched-Earth Legal Battle Over $11K Share of ‘Millionaire’ Show Winnings

Top Oregon Court Tells Judge to Postpone Soldier’s Probation While He’s Deployed in Afghanistan

Top Oregon Court Asked to Rule: Must Soldier Choose Between Violating Army Order or Probation?

8th Circuit OKs $222K Award But Avoids Ruling on Key Issue in Historic RIAA File-Sharing Case

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