Criminal Law

Nelson v. United States: We really Meant it in Kimbrough
The sentencing court clearly applied a presumption of reasonableness to petitioner's Guidelines range, and the circuit court affirmed. The Supreme Court, in a per curiam decision, reversed, re-emphasizing that its cases do not allow a sentencing court (as opposed to an appellate court) to presume that a sentence within the applicable Sentencing Guidelines range is reasonable...

Supreme Court Holds that Sentencing Court Need Not Give Advance Notice of a Plan to Grant Variance (as Opposed to Departure) from the Guidelines
With a gloved hand, the Supreme Court ruled this week that because the Sentencing Guidelines are advisory, a sentencing judge need not give advance notice to the defendant if s/he plans to deviate from those Guidelines in imposing sentence based...

USSC Staff Members Think Court Will Uphold Guidelines ... (and they're pooling their money to buy the Brooklyn Bridge)
Oops! Apparently I don't know what I'm talking about when I say I cannot imagine the Supreme Court not applying Blakely to the federal sentencing guidelines. Check out this post at Sentencing Law and Policy, where it is reported that Various staff members of the U...

U.S. Supreme Court rules that Judge does not have to notify Defendant or Government of plans to sentence outside the Fed. Sentencing guidelines
June 12, 2008   WASHINGTON – The U.S. Supreme Court ruled in the case of Irizarry v. U.S., 06-7517, on June 12,  that judges do not have to notify defendants and prosecutors when contemplating a prison term outside the range called for in federal sentencing guidelines...

US Sentencing Commission 15 Year Assessment of Guidelines Sentencing
The US Sentencing Commission has issued its 15 year review of the sentencing guidelines: Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice System Is Achieving the Goals of Sentencing Reform...

Supreme Court Reaffirms Power of District Courts to Disagree with Sentencing Guidelines on Policy Grounds
If there is any doubt that district courts are free to disagree with the Sentencing Guidelines on policy grounds, the Supreme Court has given another adrenaline shot to this principle...

Selection of State Supreme Court Judges
How State Court Judges are Selected

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause

Ebay Fined
French Court Sets Fine at $61 Million

Personal Injury
Appeals Court Upholds Congressional Legislation

Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.

National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.

Missouri Attorney General's Office
$26,000 settlement reached in disability discrimination lawsuit, pending court approval.

Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.