Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …

Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois held that 720 ILCS 5/9-1.2(d) (West 2006) (“section 9-1.2(d)”) sets the range of …

Arizona Supreme Court Announces ‘Person’ in Self-Defense Statute Applies Only to Defendant, Not Victim as Well by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona held that the word “person” in the state’s self-defense justification statute, A.R.S. § 13-404(A), applies only to a defendant’s conduct, not the victim’s …

The Right to be Forgotten by David Reutter by David M. Reutter Success in having a court record expunged may shroud it from public records disclosure, but where one lives determines if there is a right to be forgotten. Some states have automatic expungement laws, but the right to be …

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) …