Recently in Court News Category

For 15 years, Tennessee’s Medicaid program has operated under a federal consent decree. In recent years, however, the Volunteer State moved to vacate the decree on grounds that the State is now compliant with both the decree and the Medicaid statute.

Despite pressure from class action plaintiffs to leave the decree in tact, both a district court and the Sixth Circuit Court of Appeals believe that Tennessee is ready to reclaim the reins of its Medicaid program.

In 1976, Michigan enacted the Michigan Container Act — known as the “Bottle Bill” — to encourage beverage container recycling. It is one of ten states that requires consumers to pay a can, plastic bottle, or glass bottle deposit when purchasing specified beverage containers.

This week, the Sixth Circuit Court of Appeals solidified its status as the booze bottle niche court by ruling that a fraud prevention amendment to the Bottle Bill violates the Commerce Clause.

Sixth Circuit Court of Appeals Judge Raymond Kethledge thinks its time for the court to “clean up its law” regarding Federal Rule of Evidence (FRE) 404(b).

This week, Judge Kethledge wrote a dissental to the Sixth Circuit’s en banc rehearing denial in United States v. Clay, arguing that there are “significant and recurring issues” on which the Sixth Circuit has intra-circuit conflicts regarding the admission of prior bad acts evidence.

But if you were hoping for clarity before your next trial, you’re out of luck.

The Supreme Court granted certiorari in another death penalty appeal this week. Next fall, the Court will review the Sixth Circuit Court of Appeals ruling that Warren killer Sean Carter's appeals must be postponed until he is competent to participate in the proceedings, reports TribToday.com.

Carter was convicted in 1997 of raping and murdering his adoptive grandmother. In late 2007, he was transferred from death row at Chillicothe Correctional Institution to Oakwood Correctional Facility, a psychiatric prison, due to declining mental competency. He has since returned to Chillicothe, but former District Judge Peter Economus dismissed prosecutors' filing to have Carter returned to death row due to Carter's mental condition.

This case may be the onion of attorney misconduct cases, in light of the numerous layers of ethical chicanery.

Yesterday, two Kentucky attorneys challenged their wire fraud and wire fraud conspiracy convictions before the Sixth Circuit Court of Appeals, arguing that the district court made them “look like bad guys” by releasing 22 findings from the Kentucky Supreme Court against them, even though the high court never held a hearing, reports CBS News. The lawyers, William Gallion and Shirley Cunningham Jr., are arguing that they were deprived their right to a fair trial.

Want to learn more about how the executive and judicial branches plan to address underfunded courts? The Kentucky Law Journal, with the American Bar Association (ABA) and the National Center for State Courts, will host a symposium this weekend to discuss the practical and constitutional impact of underfunded courts.

State courts are facing crippling budgets cuts nationwide. Last year, 40 states slashed state court funding. In New York, the state court system laid off 500 people. In New Hampshire, the state suspended all civil cases for a year to address overwhelming backlogs in the courts. In California, foster children recently sued the state's judicial council claiming that their constitutional rights were compromised through a lack of state court funding.

What would you if you had just been confirmed for a seat on the Sixth Circuit Court of Appeals? Open a bottle of champagne? Take a long lunch?

If you were U.S. District Judge Bernice Donald, you would head back to the bench to uphold a Shelby County ordinance banning alcohol in sex-related businesses.

All in a day's work, right?

Can justice be served if there aren't enough judges to hear cases?

As of July 28, 2011, there are 90 vacancies in the U.S. Courts, but only 53 pending nominations. Of those vacancies, 37 are classified as judicial emergencies. The problem is not a lack of qualified jurists; it's bureaucratic obstinance.

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Today's offering: five things to know about practicing before the Sixth Circuit Court of Appeals.