Marking Gideon v. Wainwright
Perhaps the shortcomings that are being addressed in our county are typical. They are ingrained in the system and may not be susceptible to an adequate remedy. But they must be addressed. Our adversarial judicial system doesn’t work on any level unless there is adequate representation on both sides. Thats just the way it is.
A Cautionary Tale
No. 915 The Post-Gazette prints this story. It is easy to make light of this situation: a 72 year old lawyer complaining about treatment in the jail, including Jewish lawyer slurs. But some of the things complained of, including deprivation of medicine, are all too common. We should remember that any of us can be [...]
Second Circuit holds Defense of Marriage Act Unconstitutional.
No. 912 Following the lead of the First Circuit Court of Appeals in May, the Second Circuit found that the Defense of Marriage Act is unconstitutional when applied to the spousal exemption for Federal Estate Tax. Here’s the comment of law prof Ann Althouse with a link to the opinion. These litigants will be knocking [...]
Still Crazy After All These Years: the Continuing Saga of the Duke/ Nifong Debacle.
No. 905 Remember in 2006 when members of the Duke Lacrosse team found themselves in a very compromising situation over allegations of rape made by an escort who was performing at a party? Sure you do. The administration and faculty of Duke turned into a lynch mob overnight and none of them bothered to ask [...]
College Files Suit over Abortion Insurance Requirement in Obamacare.
No. 895 Wheaton College, an evangelical Christian institution of higher education, has filed a Petition for Injunction against application of the provisions of the Health Care Act regarding abortion to the health insurance provided by the College. CLT
Commonwealth Court Ruling on Act 13 Oil and Gas Regulation is Not the Last Word.
No. 894 On July 26, 2012, the Pennsylvania Commonwealth Court decided a Constitutional challenge to Act 13, the latest legislative attempt to regulate the booming oil and gas industry. By a 4-3 vote it found certain provisions of the statute unconstitutional. See Robinson Township et al. v. Commonwealth, No. 248 MD 2012, not yet found [...]
First American Financial Corp. v. Edwards — this US Supreme Court Decision, Due Next Week, Could Change How We Do Residential Real Estate.
No. 851 Everybody is waiting for the Supreme Court’s decision on Obamacare. But there are other important cases before the United States Supreme Court. Among them is First American Financial Corp. v. Edwards, Docket No. 10-708. Scotusblog states the plain English issue of this case as follows: Whether lawsuits under the Real Estate Settlement Procedures [...]
FYI, Flashing Lights to Warn of a Speed Trap May be Protected Speech
No. 837 In case you ever wondered, there has been at least one case involving the practice of flashing lights at people approaching a speed trap. A Florida court held that such conduct was speech protected the First Amendment. Its not precedent, but its an interesting idea if you ever find yourself in that spot. Hat [...]
MORTGAGE FORECLOSURE: Superior Court Holds that the Act 91 Notice Prescribed by Regulation is Defective; Residential Sheriff Sale is Set Aside for Lack of Jurisdiction.
On January 30, 2012, the Superior Court held that the Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important statutory provision and that, as a result, the courts lack jurisdiction over residential mortgage foreclosures filed by lenders giving the defective notice.
Paterno’s Grand Jury Testimony Is Inadmissible at Trial.
No. 800 This is the 800th Post on Pittsburgh Legal Backtalk. Thanks for reading. Joe Paterno’s testimony before the grand jury corroborated Mike McQueary’s testimony that he reported activity of a sexual nature and not just horseplay. Paterno would have been an important prosecution witness in the trials of former PSU Athletic Director Tim Curley [...]
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