Showing newest posts with label Equal Protection. Show older posts
Showing newest posts with label Equal Protection. Show older posts

Monday, March 29, 2010

SUPREME COURT REFUSES TO HEAR PROSECUTION APPEAL IN BILETNIKOFF DEATH

The Supreme Court has refused to hear the appeal of California prosecutors in regards to the man convicted of killing Fred Biletnikoff's daughter. The 9th Circuit Court of appeals has ordered that the accused receive a new trial on the grounds that prosecutors were improperly motivated by race when dismissing certain jurors (which is an equal protection violation).

The Supreme Court's refusing to hear the matter is not to be considered an affirmance of the 9th Circuit decision as such denials are not on the merits of the case. Fred Biletnikoff is a member of the NFL hall of fame, having played for the Oakland Raiders.

Monday, February 8, 2010

PROPOSITION 8 LIKELY HEADED TO THE SUPREME COURT

A U.S. News article has been published that discusses the likelihood of the Federal challenge to Proposition Eight making it to the U.S. Supreme Court. The California law, which banned gay marriage within the state, is currently being challenged in Federal District Court. The next step after District Court would be the Ninth Circuit Court of Appeals and then the U.S. Supreme Court.

Given the strong passions on both sides of this issue, it is likely the case will be taken to the Supreme Court regardless of the District Court and eventual Ninth Circuit outcomes. Given the differences in state laws, and the need to clarify the impact of the Full Faith and Credit Clause to this issue, we predict that the Supreme Court will eventually hear this case.