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Appeals

Fourth Circuit Unseals Police Shooting Footage

A group of law enforcement officers executed a search warrant in Charlotte, NC at a suspected meth trafficker's home. Chaos ensues. One cop shoots another at least ten times, severely injuring him. Shot cop sues shooting cop for excessive force and several tort claims. As they litigate, the district court seals bodycam footage, refuses local TV station access. Fourth Circuit: Unseal it.

Florida Logs Record 12th Execution This Year

Florida executed David Pittman, 63, by lethal injection on Wednesday in what was a record 12th execution in the state this year.  Before 2025, Florida’s highest number of executions  was eight in 2014. Two more Florida executions are scheduled for this fall: Victor Tony (Sept. 30) and Samuel Lee Smithers (Oct. 14). 

So far 31 people have been executed in the U.S. to date this year, with Florida leading the nation on a flurry of death warrants signed by DeSantis, who has signed more warrants than any of his predecessors.

Second Circuit Vacates Conviction for Twitter Disinformation Scheme

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.

Fifth Circuit: How Long Before a Judge’s Silence Becomes a ‘No’?

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).

Sixth Circuit Denies Habeas Despite Detective's Lying History

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 Sixth Circuit (unpublished): His testimony wasn't all that important.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.