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The Latest Breaking News from Court of Appeals

NY Gov. Hochul mum on next steps in state’ top judge fight as she unveils budget blueprint, relationships hang in balances

ALBANY, N.Y. — Gov. Kathy Hochul has yet to say whether she will sue her fellow Democrats over their rejection of her pick to head the state’s judicial system.

Tribune News Service

Chauvin’s attorney makes case for new trial to Minnesota Court of Appeals

MINNEAPOLIS — Derek Chauvin's attorney on Wednesday morning made his argument before the Minnesota Court of Appeals to throw out his convictions in the murder of George Floyd, the latest and what could be the final courtroom proceeding in his case that spans nearly three years.

Tribune News Service

"[H]ere Come Your Masser" Remark to Neighbor Leads to Anti-"Harassment" Order (on "Hate Speech" Theory) …

but the Michigan Court of Appeals reverses.

Reason

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Weinstein asks NY high court to reverse 2020 rape conviction

Harvey Weinstein is asking New York’s highest court to overturn his 2020 rape conviction, arguing that the judge betrayed his right to a fair trial by “succumbing to the pressure” of the #MeToo movement

The Independent UK

Court Reverses Order That Father "Shall Not Discuss Religion with" Child

Easterday v. Everhart, decided Thursday by the Indiana Court of Appeals, in an opinion by Judge Melissa May, joined by Judges Terry Crone and Leanna Weissmann, involved the custody of the parties' 12-year-old daughter. The parties' original agreement was for joint legal custody but for mother to have primary physical…

Reason

New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse

In this case, it enables the state to declare the area around Penn Station in New York City "blighted" and thereby authorize the use of eminent domain to take property for transfer to private interests.

Reason

Murdaughs, Parker will be tried together in Mallory Beach wrongful death trial

The much-delayed trial in the wrongful death case of Mallory Beach against disgraced former lawyer Alex Murdaugh and convenience store magnate Gregory Parker can finally proceed but no date has been set.

Tribune News Service

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Appeals court upholds dismissal of Flint charges against ex-health chief Nick Lyon

DETROIT — The Michigan Court of Appeals on Wednesday batted down a request from Attorney General Dana Nessel's office seeking to reinstate charges against a former state health department director in the Flint water crisis prosecution.

Tribune News Service

Parents of Michigan school shooter again ask for lower bond to get out of jail

DETROIT — The parents of the teen who pleaded guilty to the deadly Oxford High School shooting spree last year have again requested that their bond amounts be lowered so they can get released from jail on bond while they await trial next year in their involuntary manslaughter case.

Tribune News Service

Michigan Supreme Court pauses parents' involuntary manslaughter case in school shooting

DETROIT — The Michigan Supreme Court on Tuesday sent the involuntary manslaughter case of the parents of accused Oxford High shooter Ethan Crumbley back to the Court of Appeals to consider whether there was sufficient evidence for James and Jennifer Crumbley to stand trial.

Tribune News Service

Michigan's high court pauses Crumbley parents' case, sends it back to lower court

Tribune News Service

Second Amendment Challenge to University of Michigan Gun Ban

In today's Wade v Univ. of Michigan, the Michigan Supreme Court sent a challenge to the University of Michigan's gun ban back to the Court of Appeals, for consideration in light of N.Y. State Rifle & Pistol Ass'n v. Bruen. The Court didn't issue an opinion, but Justice David Viviano…

Reason

High stakes in N. Carolina court races with majority on line

The stakes in elections for a pair of North Carolina Supreme Court seats this fall are high

The Independent UK

Michigan Court Allows Town To Use Drones To Snoop Without Warrants. One Couple Is Suing.

The Institute for Justice argues evidence from warrantless searches can’t be used for zoning enforcement.

Reason

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Ballotpedia

All candidates for North Carolina Court of Appeals Seat 9 complete Ballotpedia’s Candidate Connection survey

Both of the candidates running in the November 8, 2022, general election for North Carolina Court of Appeals Seat 9 — incumbent Donna Stroud (R) and Brad Salmon (D) — completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to…

Tribune News Service

Replay: Epic Games and Apple to face off in second hearing. Here’s what to know

On Oct. 21 in a California courtroom, Cary’s Epic Games will resume its two-year showdown with the world’s richest tech company. That would be Apple, which Epic accuses of maintaining an illegal monopoly. Apple thinks otherwise.

Reason

Arizona Court of Appeals Temporarily Blocks Old Arizona Abortion Ban

The Hill (Jared Gans) reports: The Arizona Court of Appeals has temporarily blocked the state's more-than-a-century-old abortion ban [which bans all abortions "unless it is necessary to save [the woman's] life"] from being enforced after a judge had previously ruled it could be…. The abortion ban was originally enacted in…

Tribune News Service

Maryland Court of Appeals upholds decision to allow early ballot counting; loss for Dan Cox

BALTIMORE — Maryland’s highest court upheld a decision to allow early counting of mail-in ballots prior to the November election, overruling an argument raised by Republican governor candidate Dan Cox that the move is unconstitutional.

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Ballotpedia

Both candidates for Oregon Court of Appeals Position 3 complete Ballotpedia’s Candidate Connection survey

Both of the candidates running in the November 8, 2022, general election for Oregon Court of Appeals Position 3 —incumbent Darleen Ortega and Vance Day — completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to run for office.

Reason

Yeshiva University Loses On The Shadow Docket, Wins On The Penumbra Docket

SCOTUS nudges the lower courts and parties into compliance.

Reason

S. Ct. (5-4) Won't Temporarily Stop N.Y. Ruling that Orthodox Jewish Yeshiva U. Recognize "LGBTQ Student Group"

From Yeshiva Univ. v. YU Pride Alliance, decided today by the Supreme Court: Applicants Yeshiva University and its president seek emergency relief from a non-final order of the New York trial court requiring the University to treat an LGBTQ student group similarly to other student groups in its student club…

Al Jazeera

Trump investigation: Where do things stand and what happens next?

An FBI raid, seized documents, and a court-ordered ‘special master’ review: Here’s what it all means.

Tribune News Service

Judge issues permanent injunction blocking enforcement of Michigan's abortion ban

DETROIT — A state Court of Claims judge ruled Wednesday that Michigan's 1931 law banning abortion is unconstitutional and granted a permanent injunction that stops enforcement of the law for the foreseeable future.

Ballotpedia

Hall Pass: Your Ticket to Understanding School Board Politics, Edition #29

Welcome to Hall Pass. This newsletter keeps you plugged into the conversations driving school board politics and governance. Each week, we bring you a roundup of the latest on school board elections, along with sharp commentary and research from across the political spectrum on the issues confronting school boards in…

WEKU

D.C. sniper Lee Boyd Malvo must be resentenced, Maryland's highest court says

The Maryland Court of Appeals said, however, it's very unlikely Malvo would ever be released from custody, because he is also serving separate life sentences for murders in Virginia.

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