Articles

Maley: Contempt order shows electronic case filing e-notice risks

For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.

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Whether armed robber ‘physically restrained’ victims splits 7th Circuit

The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.

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Applications being taken for PACER review committee

The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.

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Man with intellectual disability freed from death sentence

An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.

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Barker rejects request to keep closed South Bend abortion clinic pending appeal

Despite the Indiana Attorney General’s efforts, a federal judge has denied a request to stay the opening of what could become the state’s newest abortion clinic. Indiana Southern District Senior Judge Sarah Evans Barker on Friday rejected Attorney General Curtis Hill’s request to keep closed the doors of a South Bend abortion clinic until the state’s appeal of the matter can be considered.

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