Appellate Webinar Series, Session 7: Standard(s) Time – Strategies for Winning Under Every Standard of Review
Your humble summarist finds it outrageous—indefensible!—that some judges brazenly repeatedly used the phrase "Hobson's choice" to refer to mere dilemmas. In perhaps more significant news, the D.C.
Appellate Webinar Series, Session 6 - You Are What You Write! The Ethical Implications of Appellate Brief Writing
Shortly before the 2016 election, self-described Twitter "shitlord" tweets and retweets memes urging supporters of Hillary Clinton to vote by text message. More than four years later, he is criminally indicted for conspiring to injure citizens in the exercise of their right to vote. After four days of deliberation and two Allen charges, he's convicted and sentenced to seven months in prison.
"Twenty-four years ago, [Virginia] decided that Appellant was a guilty man.
Cameras capture two men and a woman arriving via Jeep at an Artesia, N.M. motel, leaving two hours later with the woman sobbing, and the men returning three hours later without her. See Las Cruces Sun article. Her body is found that afternoon, shot 21 times.
When Rodney Reed first tried to challenge the constitutionality of Texas's postconviction DNA-testing procedures, the Fifth Circuit held his claim time-barred. Supreme Court(2023): Wrong. Fifth Circuit(2025): Point taken. Not time-barred. But because Texas's postconviction-DNA statute isn't unconstitutional, Mr.
And in en banc news, the Sixth Circuit will reconsider its decision, previously reported here to grant habeas corpus to a foster father who was barred from introducing evidence that his accuser had made very similar accusations of abuse against previous foster parents.
A Schrödinger’s motion that has vexed habeas practitioners: How long must a motion for an injunction gather dust on a district judge's desk before it is "constructively denied," allowing the movant to appeal (here, Amazon seeking relief from some NLRB rulings)? Fifth Circuit: See, the thing is, it depends. Dissent: See, the thing is, it depends.
The case is Amazon.com v. National Labor Relations Board, No. 24-50761 (5th Cir. 2025).
Ohio man is convicted of murdering his wife. Yikes! The lead investigator, Jeff Braley, is a serial fabulist, having lied about, among other things, having a master's degree, had attended a college in Florida, having been a U.S. Postal Inspector, and a Special Forces parajumper. Sixth Circuit (unpublished): His testimony wasn't all that important. Habeas denied.