9th Circuit Court of Appeals (3 summaries)
United States v. Baker
42 U.S.C. 搂 14135a(a)(1) applies to 鈥渋ndividuals in custody鈥 and 搂 14135a(a)(2) applies to 鈥渋ndividuals on release, parole, or probation鈥 therefore, subsection (a)(1) does not authorize the collection of a probationer鈥檚 DNA.
Area(s) of Law:- Criminal Procedure
Moore v. Maricopa County Sheriff鈥檚 Office
Under 28 U.S.C. 搂 1915(g), the dismissal of an inmate鈥檚 suit based on lack of subject matter jurisdiction does not qualify as a 鈥渟trike鈥 against acquiring forma pauperis status.
Area(s) of Law:- Criminal Procedure
Payton v. Cullen
A death sentence for rape, murder, and two attempted murders will not be overturned when a challenge to California鈥檚 lethal injection protocol fails, claims counsel rendered ineffective assistance fail, there was no Brady violation, and the cumulative effect of any errors does not render the trial unfair.
Area(s) of Law:- Criminal Law
Oregon Court of Appeals (3 summaries)
State of Oregon v. Louis J. Massei
When the county in which a sexual offense took place cannot be readily determined, venue may be proper in the county where the defendant resides under ORS 131.325; however, the court will not take judicial notice of the proximity of a defendant鈥檚 address to a specific county when referencing to internet mapping sources because those sources 鈥渃annot reasonably by questioned.鈥 OEC 201(b)(2).
Area(s) of Law:- Criminal Procedure
Department of Consumer and Business Services v. Zurich American and Northwest Staffing Services
Under ORS 656.054, the Workers鈥 Compensation Board does not have authority to order the insurer responsible for a claim to reimburse the assigned claims agent directly for costs incurred in processing the claimant鈥檚 claim.
Area(s) of Law:- Workers Compensation
Luty v. Luty
When a spouse鈥檚 reduction in income is caused by an indefinite suspension of his/her medical license because of a substance abuse disorder, the circumstances justify the court鈥檚 reconsideration of spousal support obligations under ORS 107.135.
Area(s) of Law:- Family Law