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LATEST APPELLATE NEWS:

AG Promulgates AEDPA Opt-In Regs The U.S. Attorney General has promulgated regulations governing opt-in procedures for states seeking fast-track consideration of capital federal habeas cases under AEDPA.  As reported by the http://www.crimblawg.com/2008/12/dear-court-reporters-or-should-i-say-dear-court-reporters-.html No New Hearing. In a habeas proceeding, the district rejected the credibility determinations of the magistrate judge without holding a separate evidentiary hearing. Not a good idea. The Second Circuit vacated the ruling (granting the habeas relief) and remanded it to the district http://secondopinions.blogspot.com/2008/12/aggravated-felony.html Champerty -- Certified Questions. In Trust for Certificate Holders of the Merrill Lynch Mortgage Investors Pass-Through Certificates Series 1999-C1, by and through Otix Capital Markets, LLC, as Master Servicer and Special Servicer v. Love Funding Corp., th http://secondopinions.blogspot.com/2009/02/calorie-counting.html Collapse. The Second Circuit is usually not shy to certify unclear questions of New York law to the New York State Court of Appeals. But in Dalton v. Harleyville Worcester Mutual Ins. Co. it declined to do so. The definition of what constitutes a "collap