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U.S. GOVERNMENT BRIEF AGAINST WILLIAM GALLION’S APPLICATION FOR CERTIFICATE OF APPEALABILITY

December 19th, 2014

CASE NO. 14-5763 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT WILLIAM J. GALLION PETITIONER-APPELLANT V. RESPONSE OF UNITED STATES IN OPPOSITION TO GALLION’S MOTION FOR CERTIFICATE OF APPEALABILITY UNITED STATES OF AMERICA RESPONDENT-APPELLEE * * * * * The United States objects to William J. Gallion’s motion for a certificate of appealability because [...]

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SIXTH CIRCUIT COURT OF APPEALS STRIKES DOWN FEDERAL GUN LAW AS UNCONSTITUTIONAL

December 19th, 2014

  By: John Hayward 12/19/2014 10:02 AM   It might not get the news coverage it deserves with everything else going on at the moment, but the unanimous ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati against a federal gun law is a very big deal.  The court held [...]

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Heien v. North Carolina – SCOTUS docket no. 13-604 Dec. 17, 2014 – REASONABLE SUSPICION FOR TRAFFIC STOP BASED ON IGNORANCE OF THE LAW

December 18th, 2014

    See complete ruling at: http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf   ***** Docket No., 13-604 QUESTION PRESENTED: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. Merit Briefs Brief for Petitioner, Nicholas Brady Heien Brief for Respondent, North Carolina Reply Brief for Petitioner, Nicholas Brady [...]

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Ignorance Is No Excuse For Wrongdoing…Unless You’re A Cop

December 18th, 2014

  U.S. Supreme Court deals another blow to Bill of Rights. JOHN W WHITEHEAD — DECEMBER 17, 2014 “[I]f the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can ‘seize’ and ‘search’ him in their discretion, we enter a [...]

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SCOTUS backs NC Supreme Court about traffic officer’s mistake about the law

December 16th, 2014

Posted by John H. Tucker @JH_Tucker on Mon, Dec 15, 2014 at 7:12 PM The U.S. Supreme Court today affirmed the validity of traffic stops made by officers who administer them based on a mistaken understanding of the law—provided the mistake was reasonable. The case, Heien v. North Carolina, originated in Surry County, when an interdiction officer pulled over a car with [...]

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Andrew Beshear won’t disclose his work for companies that run afoul of attorney general

December 14th, 2014

  BY JOHN CHEVES jcheves@herald-leader.comDecember 13, 2014 Updated 11 hours ago Andrew Beshear RECENT HEADLINES Andrew Beshear won’t disclose his work for companies that run afoul of attorney general     FRANKFORT — In early 2010, scores of homeowners complained to Kentucky Attorney General Jack Conway about official-looking letters sent by a Miami company, Home Service [...]

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May a lawyer call another lawyer unethical? Spate of inquiries spurs ethics opinion

December 12th, 2014

POSTED DEC 08, 2014 06:15 AM CST BY DEBRA CASSENS WEISS Image from Shutterstock. Is it unethical for a lawyer to label another lawyer unethical? The Iowa State Bar Association has received so many inquiries about the issue that its Ethics and Practice Guidelines Committee addressed the topic. “The purpose of this ‘back to basics’ opinion,” the [...]

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US Corporations Are Using A Supreme Court Ruling To Fend Off Human Rights Abuse Lawsuits

December 12th, 2014

    LAWRENCE HURLEY, REUTERS DEC. 12, 2014, 2:21 AM WASHINGTON (Reuters) – A landmark U.S. Supreme Court decision in 2013 that made it all but impossible to sue foreign companies in U.S. courts for alleged roles in overseas human rights abuses is proving to be a boon for U.S. firms too, court documents show. In [...]

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Court Overturns Insider-Trading Convictions, a Blow to Justice Department

December 11th, 2014

  Judges Narrow Definition of Insider Trading, Say Prosecutors Took Too Broad a View in Wall Street Crackdown By CHRISTOPHER M. MATTHEWS Updated Dec. 10, 2014 7:18 p.m. ET In a blow to the Justice Department’s Wall Street crackdown, a federal appeals court overturned two insider-trading convictions and ruled it isn’t always illegal to buy [...]

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MEDIATION RULING –BOTH PARTIES SHALL HAVE PERSON WITH AUTHORITY TO SETTLE ATTEND THE MEDIATION

December 9th, 2014

  SEE: 136 S.W.3d 455 KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. The Honorable Samuel T. WRIGHT, Presiding Judge, Letcher Circuit Court, Appellee and Meryl Adams and Roger Fields Real Parties in Interest. No. 2003-SC-0023-MR. Supreme Court of Kentucky. June 17, 2004. [136 S.W.3d 456] Michael J. Schmitt, Porter, Schmitt, Jones & Banks, Paintsville, Counsel for [...]

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