Unlike 4A, no exception for offense-specific nature of 6A right to counsel when state and federal charges overlap.
5A violation would be harmless error. (Point raised sua sponte.)
US v. Ryan Holness
Thursday, February 14, 2013
Third Circuit -- Interstate Outdoor Advertising v. Zoning Board Twp Mt Laurel
Billboard law is not overly extensive, advances substantial interests of the government.
Noncommercial speech challenge TKO'd, as there are alternative channels of communication.
Third Circuit -- Jose Tellado v. Indymac Mtg Ser
Claim against lender in receivership barred -- FDIC beyond reach of statute, administrative appeals not exhausted.
Penalty Order could survive the lack of subject matter jurisdiction, but insufficient due process here.
Jose Tellado v. Indymac Mtg Ser
Penalty Order could survive the lack of subject matter jurisdiction, but insufficient due process here.
Jose Tellado v. Indymac Mtg Ser
Second Circuit -- United States v. Desnoyers
Second Circuit -- Gatt Commc’ns, Inc. v. PMC Associates, L.L.C.
Co-conspirator does not have antitrust standing to file suit based on their subsequent exclusion from the conspiratorial market.
Concurrence: In pari delicto.
Gatt Commc’ns, Inc. v. PMC Associates, L.L.C.
Concurrence: In pari delicto.
Gatt Commc’ns, Inc. v. PMC Associates, L.L.C.
Second Circuit -- Rothstein v. UBS AG
Plaintiffs harmed in Middle East have standing to challenge US bank's transactions with Iran under the Anti-Terrorism Act, but insufficient proximacy of cause to win the action.
Rothstein v. UBS AG
Rothstein v. UBS AG
Second Circuit -- Bailey v. Pataki
Denial of qualified immunity at summary judgment stage for government officials in civil commitment case.
Bailey v. Pataki
Bailey v. Pataki
First Circuit -- Alphas Company, Inc. v. William H. Kopke, Jr., Inc.
Statute's appeal requirements are jurisdictional.
Alphas Company, Inc. v. William H. Kopke, Jr., Inc.
Alphas Company, Inc. v. William H. Kopke, Jr., Inc.
First Circuit -- US v. Maldonado
No denial of right to counsel where court didn't grant incoming potential counsel 30 day stay.
US v. Maldonado
US v. Maldonado
First Circuit -- Juarez v. Select Portfolio Servicing
Pro se petition by attorney challenging home foreclosure states a claim as to whether the bank held the note at the time of foreclosure, but doesn't state a claim for fraud.
Juarez v. Select Portfolio Servicing
Juarez v. Select Portfolio Servicing
Subscribe to:
Posts (Atom)
Topics (DO NOT RELY ON THIS)
Sentencing
(334)
FRCP
(298)
Administrative Law
(230)
Crim
(219)
FRE
(141)
Immigration
(141)
Fourth Amendment
(129)
S1983
(128)
Discrimination
(117)
Contract Interpretation
(113)
Habeas
(113)
Labor/Employment
(91)
Intellectual Property
(89)
Bankruptcy
(86)
Prisoner Litigation
(80)
Ineffective Assistance
(67)
Free Speech
(62)
Jury Instructions
(60)
AEDPA
(59)
Class Actions
(53)
Legal Ethics
(52)
Standing
(51)
Errata
(49)
Sufficient Evidence
(49)
ERISA
(46)
Tax
(46)
Torts - General
(45)
Securities
(43)
FRCrimP
(41)
Arbitration
(39)
Circuit Split
(39)
Conflict of laws
(38)
Statute of Limitations
(35)
Fees
(34)
Poz
(32)
Due Process claims
(31)
Conspiracy
(30)
Miranda
(28)
Announcements
(27)
Preemption
(27)
International Law
(26)
Sovereign Immunity
(26)
Religion
(24)
Communications /Computers
(21)
Jury Selection
(19)
ACCA
(18)
Environmental
(18)
Equal Protection
(18)
Guns
(18)
Short Form
(18)
Antitrust
(15)
General/Specific Jurisdiction
(15)
Speedy Trial
(15)
Commerce Clause
(14)
Brady
(13)
Souter
(12)
Double Jeopardy
(11)
SSA
(11)
Tribe Law
(11)
Cruel and Unusual Punishment
(10)
Mootness
(10)
Takings
(10)
White Collar
(10)
Election Law
(9)
Collateral Estoppel
(7)
ADA
(5)
Abstention
(5)
IDEA
(5)
Koz
(5)
Military
(4)
RICO
(4)
FCRA
(3)
Res Judicata
(3)
Board Law
(2)
Excessive Force
(2)
Obstruction
(2)
Patent
(2)
The Fifth
(2)
UCC
(2)
Abortion
(1)
Bail
(1)
Cert
(1)
DNA
(1)
FDCPA
(1)
Public Trial
(1)
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.