Home Daily News Juvenile lifer, now 72, won landmark Supreme… Criminal Justice By Debra Cassens Weiss Posted April 17, 2019, 7:00 am CDT Image from Shutterstock.com. A 72-year-old Louisiana inmate who was 17 when he killed a sheriff’s deputy must remain in prison, despite his U.S. Supreme Court victory in January 2016. Parole was denied for Henry Montgomery on April 11, report the Advocate, the Associated Press and Mother Jones. Parole is not granted absent a unanimous vote of the three-member Louisiana Committee on Parole. One member of the board voted no. Montgomery was the named petitioner in Montgomery v. Louisiana, a 2016 Supreme Court decision that gave retroactive effect to a prior decision barring mandatory life in prison without parole for juveniles. Board member Brennan Kelsey said he voted against granting parole because Montgomery had to take more classes and complete more programming, according to coverage by the Advocate. “It’s your … [Read more...] about Juvenile lifer, now 72, won landmark Supreme Court case but remains behind bars
Church state supreme court cases
On January 19, 2016, the United States Supreme Court granted certiorari in United States v. Salman, in which the Ninth Circuit Court of Appeals held that the government may prove a “personal benefit” to a tipper of inside information—a necessary element of an insider trading case involving tipping—by showing evidence that an insider made a “gift” of confidential information to a trading relative or friend.1 The Supreme Court’s attention to this issue is important because many have questioned the government’s ability to aggressively pursue insider trading cases involving tipping since the Second Circuit Court of Appeals December 2014 decision in United States v. Newman.2 Indeed, a review of the Supreme Court’s seminal 1983 decision in Dirks v. SEC,3Newman, and the Ninth Circuit’s recent decision in United States v. Salman, respectively, have left unclear the government’s burden in insider trading cases involving … [Read more...] about Getting By With a Little Help From Friends: United States Supreme Court to Clarify Insider Trading Liability in Tipping Cases
The United States Supreme Court unanimously ruled in favor of religiously-affiliated hospitals and healthcare organizations in holding that a pension plan need not be established by a church in order to qualify for ERISA’s church plan exemption. Petitioners are religiously affiliated non-profit healthcare organizations appealing decisions by the Third, Seventh, and Ninth Circuit Courts of Appeal that a church must establish an ERISA-exempt church plan. Respondents are current and former employees of these organizations.Justice Kagan explained that the plain language of the statutory text clearly supported petitioners’ view that a pension plan need not be established by a church to qualify for the exemption. Rather, a pension plan can qualify as a church plan if it is maintained by an organization whose principal purpose is to administer or fund a benefits plan or program for church employees if the organization is controlled by or associated with a church … [Read more...] about The United States Supreme Court Rules in Favor of Hospitals on “Church Plan” ERISA Exemption
Home Daily News Chemerinsky: What's at stake if Kavanaugh… U.S. Supreme Court By Erwin Chemerinsky Posted August 29, 2018, 6:15 am CDT Erwin Chemerinsky To a very large extent, liberals and conservatives agree as to the likely effects of Judge Brett Kavanaugh replacing Justice Anthony Kennedy on the U.S. Supreme Court. They disagree, of course, as to whether these changes are desirable. With the hearings on the Kavanaugh nomination scheduled to begin Sept. 4, it is important to consider what his confirmation would mean. There are many areas where Kennedy predictably voted with the conservative justices, and everyone expects that Kavanaugh would, too. For example, both would vote to strike down laws limiting corporate spending in election campaigns, to invalidate many restrictions on guns as violating the Second Amendment and to reject the idea of a wall separating church and state. Both are pro-business and consistently favor business interests over those of consumers and … [Read more...] about Chemerinsky: What’s at stake if Kavanaugh is on the Supreme Court
Sections SEARCH Skip to content Skip to site index Politics Subscribe Log In Subscribe Log In Today’s Paper Advertisement Supported by Sidebar ByAdam Liptak Oct. 15, 2018 WASHINGTON — Theodore H. Frank is familiar with the adage that a lawyer who represents himself has a fool for a client. But later this month, he will stand before the Supreme Court to argue his own case. “It was a very tough decision to decide to do it myself,” he said. The usual play would have been to hand the case off to an expert lawyer who specializes in Supreme Court arguments. But Mr. Frank, who has spent the last decade filing objections to class action settlements he considers abusive, said he was the right man for the job in the case that bears his name, Frank v. Gaos, No. 17-961. He will join a small group of lawyers who have handled the Supreme Court arguments in their own cases. On the whole, they have done rather well. In … [Read more...] about His Case Made It to the Supreme Court. He Didn’t Have to Look Far for a Lawyer.