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Three exotic dancers under the age of 21 filed suit challenging Louisiana's amendment of two statutes (Act No. 395) that required entertainers on premises licensed to serve alcohol and whose breasts or buttocks are exposed to view be 21 years of age or older. The district court concluded that plaintiffs were likely to succeed on the merits of their claims that the Act was unconstitutionally overbroad and vague, and issued a preliminary injunction barring enforcement of the Act. The Fifth Circuit disagreed with the district court’s determination that the statute failed to comply with time, place, and manner standards on expressive conduct under United States v. O'Brien, 391 U.S. 367, 376 (1968), and that the statute was overbroad. However, the court held that the statute was unconstitutionally vague, and the standards for an injunction have been met. In this case, there was a substantial likelihood that plaintiffs would prevail on the merits of their vagueness claim where plaintiffs have shown that the Act had the capacity to chill constitutionally protected conduct, especially conduct protected by the First Amendment. The court held that the Act's vagueness and its resultant capacity to chill protected conduct supported a finding that the remaining injunctive relief requirements were satisfied. View "Doe v. Marine-Lombard" on Justia Law

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The Ninth Circuit reversed the district court's dismissal of plaintiff's action alleging that the FBI violated his substantive and procedural due process rights by placing and maintaining him on the No Fly List. While plaintiff's action was pending, defendants removed plaintiff from the list and the district court held that his due process claims were moot. The panel held, however, that the voluntary cessation doctrine applied here and precluded a finding of mootness. In this case, plaintiff's removal from the list was more likely an exercise of discretion than a decision arising from a broad change in agency policy or procedure. Furthermore, the government has not assured plaintiff that he would not be banned from flying for the same reasons that prompted the government to add him to the list in the first place, nor has it verified the implementation of procedural safeguards conditioning its ability to revise plaintiff's status on the receipt of new information. Finally, plaintiff's removal from the list did not completely and irrevocably eradicate the effects of the alleged violations. View "Fikre v. FBI" on Justia Law

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Pennsylvania charged Walker with forgery and computer crimes, joined with prior charges against Walker’s husband and his trucking company. Senior deputy attorney general Coffey was assigned to the case. Zimmerer was the lead investigator. They sought to obtain Walker’s work emails from her employer, Penn State, which responded, “We just need something formal, a subpoena.” Coffey and Zimmerer obtained a blank subpoena form, which they filled out in part. The subpoena is blank as to the date, time, and place of production and the party on behalf of whom testimony is required, and was, on its face, unenforceable. Zimmerer presented the unenforceable subpoena to Penn State's Assistant General Counsel. Penn State employees searched for and delivered the requested emails. The charges against Walker were subsequently dismissed with prejudice. Walker filed a 42 U.S.C. 1983 action against Zimmerer and Coffey. The district court dismissed, agreeing that Zimmerer and Coffey were entitled to qualified immunity because Walker could not show a clearly established right to privacy in the content of her work emails. The Third Circuit affirmed that dismissal but vacated the denial of Walker’s motion for leave to file a second amended complaint, asserting claims under the Stored Communications Act. The emails were transmitted via Walker’s work email address, through an email system controlled by Penn State. Walker did not enjoy any reasonable expectation of privacy vis-à-vis Penn State, which could independently consent to a search of Walker’s work emails. View "Walker v. Coffey" on Justia Law

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In September 2016, the Governor of Tennessee convened a special session of the Tennessee General Assembly, concerning federal highway funding. During the session, a member of the House of Representatives moved to expel Durham. The House approved the motion 70 votes to two. It immediately expelled Durham. Durham may have qualified for lifetime health insurance if he had retired but because the House expelled him, the administrators stated that his government-health insurance would expire at the end of September. He also lost certain state-pension benefits. Durham sued under 42 U.S.C. 1983, alleging procedural due process violations, and requesting an order that the administrators pay his alleged benefits. The district court dismissed for lack of standing because the complaint alleged that the denial of his benefits was caused by the legislature’s expelling him, rather than by any act by the administrators. The Sixth Circuit reversed. Durham’s injury is fairly traceable to the administrators’ conduct: Durham alleges that he is not receiving benefits that the administrators should pay. That is sufficient to show standing. View "Durham v. Martin" on Justia Law

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The Eighth Circuit affirmed the district court's judgment granting petitioner's application for habeas corpus relief from his death sentence pursuant to 28 U.S.C. 2254. The court held that, because the district court's partial grant of petitioner's rule 59(e) motion was not subject to this appeal, the court did not address the merits of the district court's application of Martinez v. Ryan, 132 S.Ct. 1309 (2012), and its finding of extraordinary circumstances. The court also held that the district court's finding that petitioner was prejudiced by counsel's deficient performance was supported by the evidence. Therefore, the district court properly concluded that petitioner established ineffective assistance of counsel. The court agreed with the district court that, as to Ground I, petitioner's Rule 60(b) motion was not a successive claim under 28 U.S.C. 2244(b). Finally, the district court did not err in denying respondent's Rule 59(e) motion; the judgment granting habeas relief was not the result of any manifest error; and the motion was not supported by any showing of extraordinary circumstances. View "Barnett v. Roper" on Justia Law

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The circuit court denied Zakrzewski’s motion under Florida Rule of Criminal Procedure 3.851, seeking relief pursuant to the U.S. Supreme Court’s 2016 decision in Hurst v. Florida. The Supreme Court of Florida affirmed the denial of relief, concluding that its prior denial of Zakrzewski’s petition for a writ of habeas corpus raising similar claims is a procedural bar to the claims at issue. All of Zakrzewski’s claims depend upon the retroactive application of Hurst, to which the court has held he is not entitled. View "Zakrzewski v. Florida" on Justia Law

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Lynch pled guilty to two counts of first-degree premeditated murder, one count of armed burglary of a dwelling, and one count of kidnapping, all stemming from the 1999 deaths of Morgan and her 13-year-old daughter. Lynch’s counsel recommended that he waive a penalty phase jury because a jury would be more emotional and unsympathetic to mitigation presented for the murder of a child than a seasoned trial judge. Lynch waived his right to a penalty phase jury. The court sentenced Lynch to death. The Supreme Court of Florida affirmed. In 2003, the U.S. Supreme Court denied Lynch’s petition for certiorari. The Supreme Court of Florida affirmed the denial of Lynch’s initial motion for postconviction relief and denied his petition for habeas corpus. The Eleventh Circuit affirmed the denial of Lynch’s petition for federal habeas relief and, in 2016, the Supreme Court denied Lynch’s petition for certiorari to the Eleventh Circuit. Lynch filed a successive motion for postconviction relief, citing Hurst v. State. The Supreme Court of Florida affirmed the denial of relief. Lynch is not entitled to Hurst relief in light of his valid waiver of a penalty phase jury. Lynch argued, that the test for prejudice under the Strickland standard for ineffective assistance has changed post-Hurst. The court stated that trial counsel is not required to anticipate changes in the law in order to provide effective legal representation. View "Lynch v. Florida" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court entering an amended judgment of conviction ordering Defendant’s sentences to run concurrently to his corresponding federal sentences, holding that Defendant had no Sixth Amendment right to counsel in the circuit court proceeding to correct his sentences. Defendant pleaded guilty to kidnapping and assault. Defendant was sentenced to life imprisonment for the kidnapping and thirty years for the assault. The circuit court ordered the sentences to run consecutively to corresponding federal sentences Defendant had received for the same offenses. The Supreme Court reversed and remanded the case for resentencing, holding that a South Dakota state court may not impose a consecutive sentence in state court when a defendant has been sentenced for the same offenses in federal court. After Defendant was resentenced, he argued that the circuit court’s failure to provide court-appointed counsel in the sentence correction proceeding violated his Sixth Amendment right to counsel. The Supreme Court disagreed, holding that the sentence correction proceeding was not a critical stage in which Defendant had a Sixth Amendment right to court-appointed counsel. View "State v. Red Kettle" on Justia Law

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The Supreme Court affirmed Defendant’s conviction of aggravated murder and sentence of death, imposed after the case was remanded for resentencing, holding that none of Defendant’s propositions of law on appeal warranted reversal. Specifically, the Court held (1) the trial court did not err when it excluded testimony that Defendant sought to present as additional mitigating evidence in the time between the two sentencing hearings; (2) the trial court did not violate Defendant’s due process rights by refusing to empanel a new jury for the resentencing hearing; (3) trial counsel did not provide ineffective assistance at the resentencing hearing; (4) Defendant was not denied the opportunity to deny or explain evidence at the resentencing hearing; and (5) Defendant’s sentence of death was appropriate and proportional. View "State v. Goff" on Justia Law

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The Fourth Circuit vacated the district court's order denying the EEOC's request under the Age Discrimination in Employment Act (ADEA) for retroactive monetary relief from the county. The court held that retroactive monetary awards, such as the back pay sought here, were mandatory legal remedies under the ADEA upon a finding of liability. The court's conclusion was not altered by the county's contention that the EEOC unduly delayed in the investigation. Accordingly, the court remanded for a determination of the amount of back pay to which the affected employees were entitled under the ADEA. View "EEOC v. Baltimore County" on Justia Law