The U.S. Court of Appeals for the Ninth Circuit has partially rejected the federal government’s effort to halt a district court order requiring the reinstatement of terminated research grants, ruling that plaintiffs are likely to succeed on claims that the Trump administration unlawfully cut funding based on viewpoint. The decision…
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Montana Supreme Court Splits on Garbage Hauler’s Challenge to State Licensing Rules
The Montana Supreme Court has partially sided with Parker Noland, an entrepreneur who challenged regulations imposed by the Montana Public Service Commission (PSC) on motor carrier services, specifically for construction debris removal. In a split decision, the high court affirmed the lower court’s finding that Noland lacked standing for his…
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Supreme Court Nullifies Contempt Finding Over Lack of Counsel
The Supreme Court of the Commonwealth of the Northern Mariana Islands has vacated a lower court’s order finding Guy R. Macaranas in criminal contempt and sentencing him to jail time, primarily because he was denied his constitutional right to counsel during a critical hearing. The ruling, issued late last month,…
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Tax Battle on Unpaid Liability: Court Upholds Assessment Despite Retroactivity Fight
The Commonwealth Court of Pennsylvania has sided with the state’s revenue department, affirming a corporate income tax assessment against Dow Chemical Company for the 2013 tax year. The ruling hinges on a crucial distinction: whether the landmark Supreme Court decision invalidating prior tax limitations should apply retroactively to a company…
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Federal Court Upholds Gun Conviction But Orders New Sentencing Based on Prior Manslaughter Charge
The Seventh Circuit Court of Appeals has affirmed Jackie Edwards’s conviction for possessing a firearm as a felon, but it has overturned his sentence, sending the case back to the district court for resentencing. The appellate court ruled that Edwards’s 1982 Illinois voluntary manslaughter conviction qualifies as a predicate “violent…
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DUI Suspect Loses Bid to Suppress Blood Test After Withdrawing Consent Days Later
In a significant ruling for DUI enforcement in Georgia, the Court of Appeals has affirmed a trial court’s decision allowing the use of blood test results against a driver who attempted to revoke his consent to the test several days after the sample had already been drawn. The ruling solidifies…
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Speeding Ticket Appeal Dismissed: Defendant Waived Right to Challenge Pre-Trial Issues with No Contest Plea
The Intermediate Court of Appeals of the State of Hawai‘i has affirmed the judgment against Kenneth Edward Texeira, effectively dismissing his appeal which raised fifteen separate points of error concerning pre-trial rulings and procedural issues related to his traffic violation case. The court’s decision hinged on a fundamental rule of…
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Supreme Court Clarifies Hearing Requirements for New Trial Motions
The Ohio Supreme Court has weighed in on a crucial procedural question for criminal defendants: when a motion for a new trial is based on newly discovered evidence, must the trial judge hold a formal, in-person hearing? The answer, according to the majority opinion, is no—but an evidentiary review is…
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Donald Trump Wins Appellate Court Stay Blocking Order to Withdraw National Guard From D.C.
The U.S. Court of Appeals for the D.C. Circuit has granted an emergency stay pending appeal, effectively pausing the district court’s order that sought to immediately withdraw National Guard troops deployed in the District of Columbia. The appellate court signaled that the federal defendants—including President Trump and the Department of…
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Fifth Circuit Says Chinese National Lacks Standing to Challenge Texas Property Ban
The U.S. Court of Appeals for the Fifth Circuit has upheld the dismissal of a lawsuit brought by a Chinese national challenging Texas Senate Bill 17 (SB 17), a law restricting property acquisition by individuals domiciled in certain foreign countries, including China. The court ruled that the plaintiff, Peng Wang,…