U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

April 2012 Archives

Controversial Removal of Maine Labor Mural Heads to Appeal

The removal of a controversial mural by Maine Governor Paul LePage is heading to the First Circuit Court of Appeals, where the court will determine if the governor was within his rights to remove the mural.

Was the mural entitled to First Amendment protection or was the removal of the mural protected government speech? The U.S. District Court has already ruled in favor of the latter.

Judges Express Unease in Distributing Cy Pres Award

The First Circuit Court of Appeals upheld an $11 million donation to the Dana Farber/Harvard Cancer Center last Tuesday.

The decision didn’t come easily, though, as the judges expressed their concern with the idea that they were called on to determine the ultimate disposition of settlement funds in the underlying case.

The Writ of Error Coram Nobis: The Legal Hail Mary Pass

What is a writ of error coram nobis and what does it take to have a court grant coram nobis relief?

The First Circuit Court of Appeals issued an opinion earlier this week, stating that a writ of error coram nobis is the legal equivalent of a Hail Mary pass.

Boston Legal Job Announcement: Temporary Appeals Attorney

Are you looking for a legal job in Boston? Here’s a job announcement from the First Circuit Court of Appeals.

The First Circuit Court of Appeals is looking for a Temporary Administrative Attorney.

First Circuit Court Upholds Rejection Policies on Inmate's Mail

The First Circuit Court of Appeals recently affirmed the decision of the district court regarding a prisoner's right to notice of the rejection of mail by prison officials.

Here's a recap.

The prisoner, Darren Starr, argued a violation of his Fourteenth Amendment procedural due process after mail that was addressed to him was rejected and returned to its senders.

Dianne Wilkerson's Sentence Appeal Denied

Last year, a federal district court sentenced former state senator Dianne Wilkerson to 3 1/2 years in prison on charges of political corruption.

On April 5, 2012, the First Circuit Court of Appeals revisited Wilkerson’s sentencing, and upheld the lower court’s decision.

Defense of Marriage Act: Oral Arguments in First Circuit

Is it constitutional to deny homosexual couples the right to federal marriage benefits? Was the adoption of the Defense of Marriage Act in violation of Congressional authority?

Wednesday morning, the First Circuit Court of Appeals heard oral arguments relating to the Defense of Marriage Act. The cases, Gill v. Office of Personnel Management and Massachusetts v. Health and Human Services bring the constitutionality of DOMA to the forefront of legal debate.

IRS Can Lose Returns, Burden on Taxpayer for Mailbox Rule

In the midst of tax season, here comes a tax case out of the First Circuit Court of Appeals. The case deals with the prerequisites to filing a refund claim with the District Court.

Stripping the tax lingo out of this case, this case really emphasizes the importance of maintaining good tax records and, just as importantly, maintaining proof that you’ve actually mailed your tax returns or claims.