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Supreme Court reverses Sixth Circuit in federal habeas case
Court Press News |
2010/01/12 09:37
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pThe US Supreme Court on Tuesday ruled unanimously in Smith v. Spisak that the US Court of Appeals for the Sixth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act (AEDPA) by extending Mills v. Marylandnbsp; to resolve in a habeas petitioner's favor questions that were not decided or addressed in Mills. The Sixth Circuit ruled that the jury instructions in defendant John Spisak, Jr's trial violated Mills by requiring unanimity in the finding that the aggravating circumstances outweighed the mitigating factors. In reversing the decision below, Justice Stephen Breyer wrote:
The Court of Appeals held the sentencing instructions unconstitutional because, in its view, the instructions, taken together with the forms, required juror unanimity as to the presence of a mitigating factor - contrary to this Court's holding in Mills v. Maryland. Since the parties do not dispute that the Ohio courts adjudicated this claim, i.e., they considered and rejected it on the merits, the law permits a federal court to reach a contrary decision only if the state-court decision was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States. Unlike the Court of Appeals, we conclude that Spisak's claim does not satisfy this standard.
/p |
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Same-sex marriage and the new YouTube debate
Legal World News |
2010/01/12 09:36
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pCalifornia's gay-marriage ban is again being tested as a high-profile federal-court case opened in the state Monday and immediately drew a ruling from the U.S. Supreme Court./ppThe high court temporarily blocked the Internet broadcast of the trial, the first serious challenge in federal court to a state law against same-sex marriage./ppThe main issue in the case, being heard in U.S. District Court, is whether a 2008 voter initiative dubbed Proposition 8 violates the U.S. Constitution by creating a law that discriminates on the basis of sexual orientation. Defenders of Proposition 8 say it validly defined marriage in traditional terms by restricting marriage to people who could have children naturally./ppWhatever the outcome in Chief Judge Vaughn Walker's courtroom, the case will likely be appealed, eventually to the U.S. Supreme Court. Five states currently permit same-sex marriage, either by statute or under their state constitutions.
/p |
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Jill Weinberg - Dallas Employment Labor Lawyer
Law Firm Marketing |
2010/01/05 09:22
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-a href=http://wlfirm.com/overtime-claims-and-compliance Overtime Claims/a
- Title VII, ADEA, ADA, FMLA compliance
-a href=http://wlfirm.com/non-compete-agreements Non-compete agreements/a
-a href=http://wlfirm.com/confidentiality-agreements Confidentiality agreements/a
-a href=http://wlfirm.com/severance-agreements Severance agreements/a
-a href=http://wlfirm.com/executive-contracts Employment contracts/a
-Workplace policies
-Sexual harassment
-Prevention training
-a href=http://wlfirm.com/anti-harassment-and-sensitivity-training Sensitivity training (group amp; individual) /a
-a href=http://wlfirm.com/overtime-claims-and-complianceDepartment of Labor Audits/a
-a href=http://wlfirm.com/overtime-claims-and-complianceIndependent contractor vs. employee issues/a
-a href=http://wlfirm.com/overtime-claims-and-complianceWage and hour compliance/a
Weinberg Law Firm
6425 Willow Creek Drive
Plano, Texas 75093
Tel. (972) 403 - 3330 |
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Former Racine mayor pleads guilty in sex sting
Legal Business |
2009/12/28 10:15
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| Former Racine Mayor Gary Becker has pleaded guilty to two charges stemming from an Internet sex sting.pIn exchange, prosecutors agreed to dismiss six other charges during Tuesday's hearing./ppThe 52-year-old Becker pleaded guilty to attempted sexual assault of a child under 16 and child enticement. He faces up to 45 years in prison when he's sentenced March 3./ppDefense attorney Patrick Cafferty declined comment until after Becker's sentencing hearing./ppBecker was arrested at a shopping center on Jan. 13 in a sting operation after authorities said he was involved in explicit Internet chats with a state agent posing as a 14-year-old girl./ppBecker was charged Jan. 15 and resigned as mayor five days later./p |
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Guilty pleas in June standoff, shootout in ND
Headline Legal News |
2009/12/28 10:14
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| Four people involved in a June standoff in North Dakota that followed an Alabama prison break have pleaded guilty to charges including attempted murder, robbery and reckless endangerment.pJoshua Southwick, Angela Mink and her brother, Ashton Mink, entered pleas Tuesday./ppProsecutors say Ashton Mink's wife, Jacquelin, pleaded guilty last week./ppAuthorities say Angela and Jacquelin Mink helped the men escape from an Alabama prison in May. Southwick was serving time for murder and burglary; Mink for attempted murder./ppThe four are believed to have eluded authorities in at least seven states until a June 5 video store robbery in North Dakota. They fled, holed up in a nearby ranch outbuilding and were arrested after shootouts with law enforcement./p |
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