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Constitutional Law Criminal Law Litigation

Client: “I’m Not Guilty!” – Lawyer: “Yes, You Are!” SCOTUS to Rule on Who Decides in Louisiana Death Penalty Case

Louisiana man Robert McCoy was accused of killing Christine Colston Young, Willie Young and Gregory Colston, who were the mother, stepfather and son of Mr. McCoy’s estranged wife. There was substantial evidence that he had done so. The actual shooting was caught on tape as the victim had called 911 upon the shooter’s arrival and […]

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Constitutional Law Restaurant and Hospitality Law

Fed Ct Says State Can’t Keep “Wandering Dago” Truck Away From Racetrack

An Upstate NY food truck that serves fusion barbecue fare under the name “Wandering Dago” scored a significant victory at the end of a legal battle with the State, which had banned Wandering Dago from serving its offerings at the Saratoga Race Track. and as part of the NY State Lunch Program on the Empire […]

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Constitutional Law Criminal Law

Pennsylvania Federal Judge Rules 37 Years of Solitary Confinement are Unconstitutional; State Settles Lawsuit

Arthur Johnson was 18 years old when he was convicted of murder following a street fight that occurred in 1970. He was sentenced to life without parole and committed to the custody of the Pennsylvania Department of Corrections. He was a troubled inmate in his early years of incarceration, taking part in two violent escape […]

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Constitutional Law Litigation

Colorado Gay Wedding Cake Case: Is Selling A Cake “Speech”?

On Tuesday The Supreme Court will hear oral argument on one of the most anticipated cases on the docket for this term: Masterpiece Cakeshop v. Colorado Civil Rights Commission Back in 2012, Charlie Craig and David Mullins were set to celebrate their wedding in Denver, after having been married in Massachusetts. Jack Phillips, a well […]

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Constitutional Law Criminal Law

Prosecutor Overreach and Actual Facts Led to Kate Steinle Case Acquittal

Some cases take on a bigger life. Some cases get caught up in a political firestorm. Sacco and Vanzetti, The Scopes trial, The Rosenbergs, Willie Horton, Rodney King to name a few. They end up being not about what actually happened but about some larger societal issue that is reflected in the case. Anarchists, Evolution, […]

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Constitutional Law Copyright Law

Defense Dep’t Says US Gov’t Not Guantanamo Detainees Own Art Detainees Created

The Dept of Defense changed a policy this month affecting the 41 remaining detainees at Guantanamo Bay Naval Base, known as Gitmo. The DOD ruled that detainees did not possess the artwork they created while detained and could not display it publicly or sell it. Art classes started at Gitmo “in the later years of […]

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Constitutional Law Criminal Law

La. Court Rules Asking for “Lawyer, Dog” Too Ambiguous to Trigger Right to Counsel

File this article under “You Can’t Make This Up” or “The Constitution is Overrated.” Warren Demesme is awaiting trial on charges of first-degree rape and indecent behavior with a victim under the age 13. He sought to suppress a purportedly incriminating statement made to the New Orleans Police Department sex crimes detective Nijel Baddoo (his […]

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Constitutional Law Litigation Restaurant and Hospitality Law

Can the Visually Impaired “See” Your Website? If Not – You May be Sued!

It seems odd that a company or business could be sued over its website not being able to be read by the visually-impaired, but more and more companies are facing lawsuits brought by the visually-impaired (and their lawyers of course)over such claims. Claims have also been brought by the hearing-impaired against companies with websites that […]

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Criminal Law

Conn. Appoints Lawyers for Dogs and Cats – Sorry, Its a Bad Idea in My Book

Last year, Connecticut enacted “Desmond’s Law” a law that made it the first state to allow judges to appoint lawyers and law students as advocates for dogs and cats in cases of cruelty, abuse and neglect. Similar roles have been established in courts at the county level, and Rhode Island enacted a law in 2012 […]