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Federal Courts Supreme Court Distinguishes Firearm Offense Elements from Sentencing Factors

Supreme Court Distinguishes Firearm Offense Elements from Sentencing Factors

By FindLaw Staff | Last updated on March 21, 2019

In US v. O'Brien, 08-1569, the Supreme Court affirmed the First Circuit's decision affirming defendant's sentence for using a firearm in furtherance...

Federal Courts Parties Need not be "Prevailing" for ERISA Attorney's Fees Award

Parties Need not be "Prevailing" for ERISA Attorney's Fees Award

By FindLaw Staff | Last updated on March 21, 2019

Hardt v. Reliance Std. Life Ins. Co., No. 09-448, involved an action alleging that defendant violated the Employee Retirement Income Security Act of 1974...

Federal Courts "S&M Svengali" Conviction Reinstated in Case Involving Plain Error Standard in Criminal Matters

"S&M Svengali" Conviction Reinstated in Case Involving Plain Error Standard in Criminal Matters

By FindLaw Staff | Last updated on March 21, 2019

In US v. Marcus, No.

Federal Courts Case Dealing with AEDPA Presumption of Factual Findings' Correctness

Case Dealing with AEDPA Presumption of Factual Findings' Correctness

By FindLaw Staff | Last updated on March 21, 2019

In Jefferson v. Upton, No. 09-8852, a capital habeas matter, the Supreme Court vacated the Eleventh Circuit's affirmance of a denial of petitioner's habeas...

Federal Courts Court Tackles Parental Child Abduction Case

Court Tackles Parental Child Abduction Case

By FindLaw Staff | Last updated on March 21, 2019

Abbott v. Abbott, No. 08-645, concerned a petition seeking an order requiring petitioner's son's return to Chile under the Convention and the implementing...

Federal Courts Eighth Amendment Prohibits Sentencing Juveniles to Life without Parole for Non-Homicide Crimes

Eighth Amendment Prohibits Sentencing Juveniles to Life without Parole for Non-Homicide Crimes

By FindLaw Staff | Last updated on March 21, 2019

In Graham v. Florida, No. 08-7412, the Supreme Court reversed defendant's life sentence without the possibility of parole for violating the term of probation...

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