Five opinions came down today from the United States Supreme Court. Read the summaries below and read the full text of the opinions at Justia’s U.S. Supreme Court Center. Alleyne v. United States, United States Supreme Court (6/17/13) Civil Rights, Constitutional Law, Criminal Law Alleyne was convicted using or carrying a firearm in relation to a crime of violence, 18…
Assoc. for Molecular Pathology v. Myriad Genetics, Inc., United States Supreme Court (6/13/13) Drugs & Biotech, Patents Myriad obtained patents after discovering the precise location and sequence of the BRCA1 and BRCA2 genes, mutations of which can dramatically increase the risk of breast and ovarian cancer. The discovery enabled Myriad to develop medical tests for detecting mutations for assessing cancer…
A lawsuit filed in the U.S. District Court for the District of Wyoming alleged that the plane of Amelia Earhart had been located. Plaintiff Timothy Mellon stated in his Complaint that during its NIKU VI expedition around Nikumaroro from May 18, 2010, through June 14, 2010, Defendant The International Group for Historic Aircraft Recovery (TIGHAR) had obtained “footage of the…
Maryland v King, United States Supreme Court (6/3/13) Civil Rights, Constitutional Law, Criminal Law After his arrest on first- and second-degree assault charges, King was processed through a Wicomico County, Maryland, facility, where personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act), which authorizes officers to collect DNA samples from persons…
Back in January, key provisions of FISA – the Foreign Intelligence Surveillance Act – were renewed by Congress. I wrote about the troubling situation of access to FISA Opinions, which is basically non-existent. Up until January, only one opinion had been released by the FISA Court, and only two opinions released by the FISA Court of Review. The FISA Rules…
California is proposing to charge citizens to access and read court files and other public documents. The Administrative Office of the Courts has proposed that the state charge $10 for every name, file, or information that comes back from a search. Techdirt has the story. Charging for search results – where have I heard that before? VoxPopuLII has a great…
President Obama issued an executive order last month calling on the federal government to open access to public documents by making them “open and machine readable.” He called on government information to be “managed as an asset throughout its life cycle to promote interoperability and openness, and, wherever possible and legally permissible, to ensure that data are released to the…
Comcast Cable Communications, LLC v. FCC, et al, U.S. D.C. Cir. (5/28/13) Communications Law Tennis Channel, a sports programming network and intervenor in this suit, filed a complaint against Comcast Cable, a multichannel video programming distributor (MVPD), alleging that Comcast violated section 616 of the Communications Act of 1934, 47 U.S.C. 536(a)(3), and the Commission’s regulations by refusing to broadcast…
Two opinions came down today from the United States Supreme Court. Read the summaries below and read the full text of the opinions at Justia’s U.S. Supreme Court Center. McQuiggin v. Perkins, United States Supreme Court (5/28/13) Civil Rights, Constitutional Law, Criminal Law Henderson was stabbed to death after leaving a party with Perkins and Jones. Perkins was charged with…
Metrish v. Lancaster, United States Supreme Court (5/20/13) Civil Rights, Constitutional Law, Criminal Law In 1993, Lancaster, a former police officer with a long history of severe mental-health problems, killed his girlfriend. At his jury trial in Michigan state court, Lancaster asserted a defense of diminished capacity. Under then-prevailing Michigan Court of Appeals precedent, the diminished-capacity defense permitted a legally…