U. S. Supreme Court to Hear DUI Appeal Involving Warrant Requirement for Blood Test The U.S. Supreme Court will hear a DUI appeal in its upcoming term. The DUI appeal is from a DUI conviction in Missouri. The issue in the case is whether police officers must get a warrant before ordering a blood test [...]
ALABAMA APPELLATE RULING ON RIGHT TO COUNSEL
An Alabama Appellate Decision by the Alabama Supreme Court Holds That Motion to Withdraw is Critical Stage of Case In an Alabama appellate decision released September 7, 2012 by the Alabama Supreme Court, the Court held that where a pro se defendant filed a motion to set aside his guilty plea, the trial court must [...]
FEDERAL COURT APPEALS IN 2011
Federal Court Appeals Were Slightly Down According to the Administrative Office of U.S. Court’s 2011 Judicial Business Report The number of Federal court appeals was slightly down in 2011. The summary report concerning the number of Federal court appeals from the Administrative Office of U.S. courts showed that Federal court appeals in the regional courts [...]
Long Appellate Opinions and Mark Twain
11th CIRCUIT JUDGE COMMENTS ON OVERLONG 104 PAGE OPINION Circuit Judge Edmondson, of the 11th Circuit concurred in the 105 page opinion of his fellow Judge Carnes in Holsey v. Warden, Georgia Diagnostic Prison, Appeals Court No. 09-14257, but stopped short of joining in what he called “Judge Carnes’s erudite opinion.” Commenting that the opinion [...]
Alabama Supreme Court Rules that State is Immune from Award of Attorneys Fees
The Alabama Supreme Court held that Section 14 of the Alabama Constitution prohibited a trial court from awarding a successful plaintiff attorneys fees and court costs against the State. In this case the plaintiff, a private citizen, had successfully challenged the actions of the Governor and the State Treasurer on a claim that they had [...]