Entries tagged with “DNA” from Harmfulerror

Yeager v. United States - A jury's acquittal of an Enron executive of securities and wire fraud charges may have erected a double jeopardy bar to his retrial on factually related insider-trading and money-laundering charges on which the jury deadlocked.  Prosecutors may not try an individual again on the "hung" counts if they had a common element with those on which the jury acquitted. 6-3 decision authored by Justice Stevens.

District Attorney's Office for Third Judicial District v. Osborne - A state prisoner has no freestanding constitutional right under the due process clause to obtain post-conviction access to forensic evidence in order to subject it to DNA testing to establish his innocence following resolution of trial and habeas proceedings. Access to DNA evidence following a final conviction is a legislative matter. 5-4 decision authored by Justice Roberts with concurrences by Alito, Kennedy and Thomas.

Gross v. FBL Financial Services Inc., - The burden of persuasion required to establish employer liability under the Age Discrimination in Employment Act is the same in cases where the employer's motives in acting against the employee are allegedly mixed as in any other ADEA action involving allegations of disparate treatment. The burden does not shift to the employer in mixed motive cases to show that it would have taken the alleged adverse action regardless of the employee's age. A 5-4 decision authored by Justice Thomas.

Travelers Indemnity Co. v. Bailey.  The terms of an injunction precluding certain lawsuits against insurers of bankrupt Johns-Manville Corp., an asbestos manufacturer, included as part of the company's 1986 bankruptcy reorganization plan, bar state-law actions brought against Manville's insurer over a decade later. The finality of the bankruptcy court's orders after direct review "generally stands in the way of challenging the enforceability of the injunction."  A 7-2 decision authored by Justice Souter.

Polar Tankers Inc v. City of Valdez-Alaska - The Court finds invalid a tax imposed by the city of Valdez on cargo ships that used its port.  A 7-2 decision.

Nijhawan v. Holder - Clarifies findings that an immigration judge must make in order for a conviction of a crime to be used as the basis for deportation.  A 9-0 decision.

Monday, November 3

US Supreme Court hears argument in Wyeth v. Levine (actions under state law for ineffective drug laws), Ysursa v. Pocatello Education Association (1st Amendment and payroll deductions for political contributions), and Carcieri v. Kemprthorne (tribal trust lands).

Nevada Supreme Court holds en banc oral arguments.

Tuesday, November 4

Election day

US Supreme Court hears argument in FCC v. Fox Television (fines for broadcast of isolated expletives), US v. Eurodif (contracts for uranium and anti-dumping laws) and Jimenez v. Quarterman (whether the reinstatement of an appeal under Texas law tolls or restarts the one-year deadline to file a habeas petition under federal law).

Nevada Supreme Court holds en banc oral arguments, including arguments in Mack v. Estate of Mack and Higgs v. State.

Wednesday, November 5

US Supreme Court hears argument in Negusie v. Mukasey (federal immigration law and refugees who in engaged in persecution due to threats of death or bodily harm) and Van de Kamp v. Goldstein (whether supervising district attorneys possess absolute immunity against claims they failed to ensure line prosecutors disclosed constitutionally required information to criminal defendants).

Bar Admissions Ceremony - Northern Nevada

Thursday, November 6

Nevada Supreme Court opinion release day

Friday, November 7

Bar Admissions Ceremony - Las Vegas

Clark County Bar Association - New Admittees and Meet Your Judges Celebration

The United States Supreme Court granted certiorari in two cases this morning.

In District Attorney's Office v. Osborne, the Court will consider whether a person may file an action under 42 USC 1983 or the Due Process Clause to obtain access to biological evidence for purposes of new DNA testing in a case in which his judgment is final and it appears that post-conviction remedies may be procedurally barred. 

In Atlantic Sounding Co. v. Townsend, the Court will consider whether a seaman may recover punitive damages for the willful failure to pay maintenance and cure.

Scotusblog provides links to be petitions, briefs in opposition, replies and amicus briefs.