(Tampa dui attorney) Lebron v. Sanders
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(U.S. 2d Cir., Civil Procedure, Criminal Law & Procedure, Habeas Corpus, Per Curiam) In a matter brought by habeas petitioner, motion for an extension of time to file motions to proceed in forma pauperis and for certificate of appealability with respect to writ of habeas corpus is granted where: 1) local district rules required respondent to provide petitioner with copies of unreported decisions or decisions reported exclusively on computerized databases that were cited in its opposition to the habeas petition; and 2) petitioner could not access, without cost, some of the federal case law that formed part of the substantive basis of the district court’s challenged opinion.
Awuah v. Coverall North America, Inc.
(U.S. 1st Cir., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) In a dispute over whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator, a district court ruling refusing to order the matter to arbitration is affirmed where, although the circuit court took a narrower view of the district court’s initial role when deciding such a question, plaintiffs were entitled to a ruling by the district court as to whether the arbitration remedy in this case was illusory.
Van de Kamp v. Goldstein
(U.S.S.C., Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure) In the context of 42 U.S.C. section 1983 civil rights suits, a prosecutor’s absolute immunity extends to claims that the prosecution failed to disclose impeachment material due to failure to: 1) properly train prosecutors; 2) properly supervise prosecutors; or 3) establish an information system containing potential impeachment material about informants.
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January 31, 2009 4:25 pm
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