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The Latest Breaking News from Court of Appeals

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…

Ballotpedia

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.

WEKU

Maryland court rules DC-area sniper to be resentenced

Maryland’s highest court has ruled that Washington, D

The Independent UK

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Appeals court: Michigan auto insurance cuts don't apply to past car crash survivors

DETROIT — Key provisions of Michigan's no-fault auto insurance reform passed in 2019 do not apply retroactively to individuals previously injured in car crashes, a Michigan Court of Appeals panel ruled Thursday.

Tribune News Service

Harvey Weinstein granted appeal in New York rape, sex crime conviction

Harvey Weinstein’s 2020 sex crimes conviction, which put him behind bars for nearly a quarter-century, will be reviewed by the full New York Court of Appeals after its chief judge decided there was a question of law that needed to be addressed by the panel.

Los Angeles Times

Appeals court rejects Michigan House, Senate bid to overturn injunction on abortion ban

DETROIT — The Michigan Court of Appeal on Wednesday declined to take up an appeal from the Michigan House and Senate requesting a three-judge panel overturn a lower court preliminary injunction that's stopping the enforcement of the state's abortion ban.

Tribune News Service

Whitmer does not need to testify in her lawsuit on abortion ban, appeals panel rules

DETROIT — An appellate panel on Tuesday denied a request seeking to have Gov. Gretchen Whitmer take the stand in a hearing on her lawsuit seeking to upend Michigan's abortion ban.

Tribune News Service

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Whitmer won't have to testify in abortion case, judge says; defendants appeal

DETROIT — Oakland County Circuit Judge Jacob Cunningham has ruled Gov. Gretchen Whitmer will not be forced to testify in the case she filed to stop enforcement of Michigan's abortion ban — a decision that was almost immediately appealed to the state Court of Appeals.

Tribune News Service

Michigan Gov. Whitmer subpoenaed to testify in abortion rights case

A Lansing-area lawyer issued a subpoena Monday requiring Gov. Gretchen Whitmer to take the stand at a court hearing next week on the Democratic governor's legal effort to stop enforcement of Michigan's abortion ban.

Tribune News Service

Confusion roiled Michigan for days as abortion rights changed hour to hour

In a span of 3 days this week, court rulings seesawed between outlawing abortions and permitting them. A judge allowed them to continue Wednesday for at least 21 days.

WEKU

Whitmer to Michigan Supreme Court: Monday abortion rights 'fire drill' requires immediate action

Gov. Gretchen Whitmer on Thursday asked the Michigan Supreme Court a third time to consider her case challenging Michigan's ban on abortion, arguing this week's confusion over the ability of county prosecutors to enforce the law is evidence of the need for high court intervention.

Tribune News Service

Kentucky’s attorney general can now enforce trigger law banning abortion, court orders

A request by Kentucky Republican Attorney General Daniel Cameron to enforce Kentucky’s trigger law banning nearly all abortions has been temporarily granted.

Tribune News Service

Gov. Whitmer asks Oakland County judge to block prosecutors from enforcing Michigan abortion ban

LANSING, Mich. — Gov. Gretchen Whitmer asked an Oakland County Circuit Court judge on Monday to issue an immediate restraining order against 13 county prosecutors who are in a position to enforce Michigan’s long-dormant ban on abortions being performed within their jurisdictions.

Tribune News Service

County prosecutors can enforce Michigan abortion ban, appeals court rules

LANSING, Mich. — The Michigan Court of Appeals ruled Monday that county prosecutors can enforce Michigan's ban on abortion despite a state judge's injunction currently blocking state officials from enforcing the ban.

Tribune News Service

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The Independent UK

Michigan court: County prosecutors can enforce abortion ban

The Michigan Court of Appeals has ruled that county prosecutors can enforce the state's 91-year-old abortion ban, paving the way for abortion to become illegal in parts of the state

Tribune News Service

Eager to enforce Kentucky’s abortion ban, AG Cameron again asks court to reinstate trigger law

LEXINGTON, Ky. — Continuing his dogged pursuit to enforce Kentucky’s abortion ban, Republican Attorney General Daniel Cameron late Thursday asked a higher court to overturn a July 22 ruling that prevents his office from enforcing the trigger law.

Tribune News Service

Michigan appeals court rejects suit seeking to keep Ryan Kelley off ballot

LANSING, Mich. — The Michigan Court of Appeals rejected Thursday a lawsuit backed by a liberal group that sought to keep Republican gubernatorial hopeful Ryan Kelley off the November ballot, contending he had engaged in "insurrection" on Jan. 6, 2021.

Tribune News Service

Parents of accused Oxford High shooter appeal charges, seek to exclude son's texts

LANSING, Mich. – Defense attorneys for the parents of the accused Oxford High School shooter are asking the Michigan Court of Appeals to overturn pretrial rulings that bound them over to circuit court to stand trial, and they also seek to bar their son’s journal, emails or texts to be…

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Reason

When Should an Appellate Court in a Criminal Case Describe a Victim as the "Alleged Victim"?

In a petition for reconsideration, I ask the Utah Supreme Court to modify a recent opinion to remove the qualifier "alleged" in front of term "victim" in light of the fact that the defendant has been convicted of sexually assaulting the victim.

The Hindu

Explained | The background of the U.S. Supreme Court’s recent ruling on limiting the Environmental Protection Agency

The U.S. Supreme Court limited how the anti-pollution law can be used to control carbon dioxide emissions from power plants by a 6-3 majority.

Tribune News Service

Michigan's GOP-led Legislature asks appeals court to reject injunction blocking state abortion ban

DETROIT — Michigan's Republican-controlled Legislature has asked an appellate court to overturn a judge's preliminary injunction currently stopping Michigan's abortion ban from being enforced.

Reason

Confession of Error

In the Georgia Supreme Court's decision Thursday in Slosberg v. Giller, the question was whether a "no contest" clause in a will or trust could be challenged on the grounds that the clause itself was the product of undue influence: Georgia law permits a settlor or testator to include in…

USA Today Sports Media Group

Kohler scores a major victory in Wisconsin court; plans for Whistling Straits’ sister course can move forward

It's the latest step in a years-long legal obstacle course Kohler has been negotiating.

Reason

Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term

Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.

Reason

Reminder: "New York Supreme Court" = N.Y. Trial Court; "New York Court of Appeals" = N.Y. High Court

I've been seeing some headlines referring to decisions of the New York Supreme Court (see, e.g., Fox and CNN), but that's likely to be confusing to most readers: In New York, "Supreme Court" refers to the trial court, though in most other states it's the name of the state highest…

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