High Courts & Supreme Court CaseTracker India

Callahan et. al, Case No. 14-3771, the Sixth Circuit affirmed the conviction and sentences for a case relating to forced labor allegations. The defendants went to trial, were convicted, and filed post-conviction motions. The first issue related to a jurisdictional and statutory interpretation issue. Specifically, the appellants sought relief under Bond v. United States, a recent Supreme Court case regarding the reach of federal statutes. Last year, in United States v. Toviave, the Sixth Circuit extended Bond’s holding in a forced labor case, holding Toviave’s conduct was not the type of conduct Congress meant to regulate and criminalize. There are also some interesting jury instruction issues regarding the kidnapping instruction and the quantum of proof required by the instructions. United States v. Brown, No. 13-1761. This case presents an interesting set of circumstances, as law enforcement used an informant to set up a drug buy from the appellant. This led to Appellant being arrested during a traffic stop.

Warrants were subsequently obtained for his house and cell phones, leading to additional evidence. On appeal, Brown challenged the denial of his motions to suppress. The Court discussed the requirement that a search warrant must have a nexus to the evidence sought and the place searched. 8. The Court looked at the fact that the affidavit to search the home contained no evidence that Brown sold drugs from the home or used the residence for storing drugs. The court stated it was a “close question” as to whether this met the demands of Fourth Amendment, but because the affidavit contained enough of a connection. The Court relied entirely on the fact Brown’s car was registered to his home, and therefore there was a fair probability his home would contain evidence of the crime. If you want to bone up on your evidence caselaw regarding authentication, there is also a discussion on whether a “drug ledger” was properly admitted. The court held its contents were not hearsay, and an agent involved in the search could testify to authenticate it.

McCarley v. Kelly, No. 12-3825. This is a 2254 habeas case. The petitioner was convicted in state court of aggravated murder. McCarley’s girlfriend was killed in 1992, and police claimed her 3 year old son identified McCarley. The child was taken to a child psychologist to elicit similar statements days later. Twelve years later, McCarley was indicated. He was found guilty, but an error vacated the jury’s first verdict. In 2007, a second jury found him guilty and he was sentenced to life. He proceeded with habeas, which was initially denied by the district court. The Sixth Circuit reversed and ordered a conditional writ. In June, the Supreme Court vacated that opinion based on David v. Ayala. On remand, the district court again denied relief. In the instant appeal, the Sixth Circuit reversed and remanded, again ordering a conditional writ. Now that all the procedural history is out of the way, here’s the merits. The Court held that the admission of the child psychologist’s testimony was an unreasonable application of clearly established federal law. Specifically, the testimony violated the confrontation clause and Crawford v. Washington. At trial, one of the lieutenants was permitted to read letters between himself and the psychologist detailing the results of the evaluation of the child. The Court found this was “testimonial” evidence, under Crawford and Davis v. Washington. The Court declared the child psychologist was acting more as a police interrogator than a private counselor, and thus an agent of law enforcement. This case provides a very thorough analysis if you have a habeas issue regarding confrontation.

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Comparative Politics around the WorldApartheid(Apart Hate): The Achilles Heel of Great Democracies- Society’s Rigged Discriminated Underdevelopment. Comparative Politics around the WorldWhy do people get more right-wing with age? Sign in or sign up and post using a HubPages Network account. 0 of 8192 characters usedPost CommentNo HTML is allowed in comments, but URLs will be hyperlinked. Comments are not for promoting your articles or other sites. I don’t believe you are wrong there. Thinking through civil rights cases. The Supreme Court did exactly that. Produced the final words on the intent and meaning of the Constitution. And things like Prohibition becoming amendments to the Constitution. There I am not sure, if that was the Supreme Court. Great comparison, especially your discussion of the implications of their differences. They can be tough to grasp at times but they intrigue me nonetheless. Thanks for reading once again and hope that it was worthwhile for you. No, Your article is terrific, I’m just trying to sort through some of these issues myself, they can be quite confusing. Thanks for pointing out your thoughts wba108! Would you recommend that I rewrite that portion of the article?

I did not mean for it to say that the S.C. I don’t believe that it should be either, so it’s nice to know that someone else agrees! What my point was, was that the Supreme Court was not supposed to be almost a “final interpreter” of the Constitution ,as you wrote. I don’t believe I said that the Supreme Court was designed to be the Constitution’s “Final Arbiter,” but thank you nonetheless for reading and for taking the time to comment. I also appreciate the information that you left in your comment! I don’t believe that the S.C. I’m sorry if my article gave you that impression. Very well written and informative, you presented your ideas with clarity and concision. I would dispute that the US Supreme Court was designed to be the final Arbitrator of the Constitution. This notion that the Supreme Court has the final say on Constitutional questions is not found in the Constitutions or in the thoughts of the founders.

Not a word of this is found in the federalist papers. The scope of the power of judicial review is often misunderstood, as the Judiciary was never intended to have the power to thwart the acts of Congress generally speaking. The judiciary was only to arbitrate on Constitutional questions that came before them on a case by case basis. The courts were only supposed to overturn acts of legislature that were clear violations of the Constitution. Jefferson did not believe, however, that all the branches of government together are the final arbiters of constitutionality. Not even the Federal and state governments, to whom he would certainly provide some place, are the ultimate arbiters. Government is too dangerous, too bent on aggrandizing its own powers, to leave to it or them the final decision. ] In the final analysis, he thought, that was where the power of interpreting the Constitution resides. The people may turn out members of Congress who displease them on constitutional issues. They can refuse the re-election of a President. Thanks for the tip! I found some helpful information there and am grateful for your willingness to lend a hand. You’ve written some very informative Hubs. Thumbs up, and welcome to HubPages. You might be interested in contributing some Hubs to HubPages for Students. If you have any questions the Hub Forums are a good place to find answers.

Singapore is famous for its high standard of living and not cheap. Especially, the shopping paradise stamp attached to Singapore makes you more like spending money there. However, can you travel on a thin budget to Singapore? Of course you can, if you have strong intentions and consistency in making travel plans and budgeting arrangements. Here are tips for saving when traveling to Singapore! There are many ways to save budget when traveling, for example tightening expenses at the inn. You can choose cheap accommodations such as sharing-room inns, or dorm-doors that require you to share facilities with other travelers. The choice fell to capsule hotels which are now popular among travelers. Capsule hotels have separate cabins for sleeping with fairly complete facilities. However, this place to stay is less comfortable for those of you who like closed places and quiet spaces. At inns like this you also have to be careful in storing luggage, especially money and cellphones.

If you want to find a capsule hotel at a low price, you can look for it in the Little India area with a price range of 60 SGD or it can be cheaper if you choose a sharing room. Meanwhile, you can also use Changi Airport facilities. Usually, travelers stay at Changi Airport on the first and last day of their trip. Cheap flights usually land at night, where getting transportation from the airport is sometimes difficult and expensive. You can stay at Changi Airport until morning for free. Moreover, Changi Airport is one of the safest and most comfortable places to stay for travelers. In addition to reducing expenses at the inn, you can also control the cost of eating daily when traveling to Singapore. The tips, you have to stay away from a touristy crowded place and go to the hawker center or food court. The choice is, you can go to Maxwell in Chinatown or Tekka Center in Little India.

These cheap eateries serve dishes at low prices, along with street food. You can find hawker centers or other food courts available throughout Singapore. Avoid crowded tourist restaurants or esthetic cafes because you will issue a bigger budget. Of course, it’s not legitimate to go to Singapore without going shopping. Not because you are a budget traveler, then you miss this rare opportunity. You can still shop, but you have to shop at certain locations. You can go to Bugis Market, near Bugis Station MRT. In addition to selling various items, from clothing to souvenirs, this shopping place in Singapore is very cheap. In addition, you can also visit Mustafa Center in the Little India or Lucky Plaza area on Orchard Road. You can find a shopping place like that to shop for cheap prices. There are many other inexpensive shopping places that you can explore. Make sure you bring a stroller to make it easier to bring Little when the roads.

Your child can leisurely sit in the stroller without having to be in a sling all day. If Little tired and sleepy, she could sleep. If the child does not want to sit in the stroller, stroller so you can change the function of the goods trolley. To ride the MRT, it is commonplace for the mother carrying the stroller. Stations in Singapore is also wheelchair-friendly. Do not forget to bring drinking water supplies and do not arrange the schedule too dense to be more flexible. The rest, you can spend money to have fun in tourist attractions. Don’t forget to use public transportation, avoid using a taxi! That way, you will save even more money. Please enable JavaScript to view the comments powered by Disqus. Travel TipsBuilt in Venetian Gothic style this palace is one of the main landmarks of Venice city. Palace was once the residence of Doge of Venice (supreme authority of former Venice). You can reach Doge’s Palace via public transport which includes Vaporetti and water taxi. Travel TipsBoboli Gardens is the green heart of Florence and one of the largest open-air museum in Italy. Tended with fountains and shaded areas, these beautiful gardens are located just behind the Pitti Palace. Travel TipsLocated on Carmel Hill in Barcelona, Park Guell was built between 1900 and 1914 by great Spanish architecture Antoni Gaudi. Park was officially opened in 1926 and today it is a part of UNESCO World Heritage. Composed with beautiful gardens and architectonic elements, Park Guell is one of the best public parks in the world.

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Roberts (4th Cir., Sept. 2013 WL 5228033, the federal Court of Appeals for the Fourth Circuit ruled that the act of “liking” a candidate for Sheriff on Facebook by a deputy sheriff is protected speech under the First Amendment. As a result, it is unlawful for a sheriff to retaliated against an employee for “liking” his opponent. The case started when sheriff’s office employees brought a civil rights action alleging that the sheriff retaliated against them by reappointing them because of their support of his electoral opponent. Two of the employees expressed support for the Sheriff’s opponent by “liking” his Facebook page and posting comments of encouragement for his upcoming election. After the sheriff was reelected, he refused to reappoint the employees to their positions as sheriffs deputies at the jail, a typical process in that jurisdiction. They sued, claiming that the sheriff violated their First Amendment rights to free association and free speech. Initially, the District Court sided with the sheriff, finding merely “liking” a Facebook page is insufficient speech to merit constitutional protection, but the Court of Appeals reversed. The Court of Appeal said when one “likes” a political campaign’s Facebook page, the user becomes associated with the campaign. A photo of the user is posted to the campaign’s profile, a link is provided on the users profile that others can use to access with the campaign’s page, and the “thumbs up” icon communicates the user’s support. The Court said the act of “liking” the page is like displaying a political sign in one’s front yard, which the Supreme court has held as substantive speech.

The law of evidence places heavy emphasis on witness. 13. The salutary principle of tendering a pardon to an accomplice is to unravel the truth in a grave offence so that guilt of the other accused persons concerned in commission of crime could be brought home. “8. ……The power to grant pardon carries with it the right to impose a condition limiting the operation of such a pardon. Hence a pardoning power can attach any condition, precedent or subsequent so long as it is not illegal, immoral or impossible of performance. 18. Section 114, illustration (b) of the Indian Evidence Act, 1872 (for short, ‘Evidence Act’) provides that the Court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars. 20. Section 133 of the Evidence Act provides that an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

“S.-154. Question by party to his own witness.- (1) The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross examination by the adverse party. 22. Section 315 of Cr.P.C. In other words, Section 315 clearly lays down that an accused cannot be compelled to give evidence except on his own request in writing. 23. Article 20(3) of the Constitution protects an accused from being called or compelled to be witness against himself. 24. We have referred to the aforesaid provisions of the Evidence Act, Cr.P.C. Constitution to indicate that none of these provisions militates against the proposition that a pardon granted to an accomplice under Section 306 or 307 Cr.P.C. He cannot be compelled to be a witness. There is no question of such person being further examined for the prosecution and, therefore, no occasion arises for the defence to cross examine him.

Judges are squabbling, popular confidence in the institution is frayed, and the executive is poised to bury the hatchet: in its back. Can an exhausted judiciary fight back? Is there a metaphor for the perilous juncture to which events and actions have brought India’s judiciary? How severe is the crisis India’s top judges face? Judges are arguing among themselves, popular confidence in the institution is frayed, and the executive is poised to bury the hatchet: in its back. If that sounds a bit dramatic, let me explain. Where does a poor citizen go, if not to the courts, when she is denied her rights by the government? What happens to her confidence when she sees the highest court needing protection from the same government? Just this week, the government came out, with self-righteous indignation, in defence of the Chief Justice of India. And if you think this role reversal isn’t dramatic enough, in the same week, the law minister wrote to the Chief Justice of India, clearing one of his collegium’s two long-delayed Supreme Court appointments and returning the other for reconsideration.

The government’s objections that there are too many judges from Kerala, or seniority, do not wash. The government is merely reminding the judiciary that, with a clear majority, it is the final boss. Effectively, the politicians know that the judges have lost much political capital and vacated some of their rightful moral space. They are moving in to encroach and occupy it. It is by no means confined to the ruling party. It is this exhausted state of the judiciary that encouraged a party with less than 10 per cent MPs in the Lok Sabha to dare it with an impeachment motion, thoughtless and imprudent as it was. The motion achieved no political purpose, it only weakened the Supreme Court, and especially the CJI, further. The last thing he needed at this juncture was a spirited defence by the government he is supposed to call to account. Much as the BJP and Congress detest each other, they are united in wanting to show the judiciary its place. The Supreme Court, equally, showed alacrity in striking it down as unconstitutional, and the political class was chafing about it.

Now, even while fighting each other, both are pushing back a common adversary, the judiciary. Remember, the five-judge bench in a 4-1 ruling that set aside the NJAC, presciently reasoned that the judiciary could not risk being caught in “a web of indebtedness” to the executive. Which is precisely what is coming to pass now, without the NJAC. The CJI, under questioning by the remaining four members of the collegium, attack by activist lawyers over the Loya judgment and medical colleges case, threatened with impeachment by the Congress and defended by the BJP government, is on the defensive. Can he be expected to fight back for his institution in this mess? Especially when he’s unwilling to engage with his discontented brother judges? Politicians have been probing the judiciary’s new weaknesses. Delay in appointments cleared by the collegium had become routine. Now, in one case, it has changed the tenure the collegium granted a high court judge and the collegium lumped it.

Emboldened, it has now sent back Justice K.M. Joseph’s appointment for reconsideration. If the collegium blinks again, or keeps squabbling within, the government will make its next, more audacious move. What it could be is a matter of speculation. The government rightly believes that the judiciary has lost much public sympathy of late. Its penchant for headline-hunting through PILs while other cases languish has not gone unnoticed. The quick rejection of the NJAC confirmed the notion that the judges only act firmly and quickly to protect their own interest. This impression will now be cemented if the CJI persists with the PIL demanding action against critics of the Loya judgement. Once again, the judiciary, instead of being broad-shouldered, will be seen as fighting for itself. This, and the continuing public discord between judges, has done serious damage to the judiciary’s social contract with the people of India. The time for the judiciary to fight back, therefore, is now. It is time for judges and legal luminaries to close ranks and fight to protect the institution rather than among themselves.