Greenlaw: No Increase in Sentencing for Appealing

On 24 June 2008, in Federal Sentencing, by Peter Smythe

The Supreme Court recently held in Green­law v. Uni­ted Sta­tes that a court of appeals, acting on its own ini­tia­tive, may not order an inc­rease in a defendant’s sen­tence. The case reaf­firms the pro­po­si­tion that fede­ral cri­mi­nal sen­ten­cing is an adver­sa­rial pro­cess. Michael Green­law was con­vic­ted of various offen­ses and sen­ten­ced to impri­son­ment for 442 months. He […]

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Ordonez-​Dawes: Large Copyright Verdict for Photographer

On 23 June 2008, in Intellectual Property, by Peter Smythe

Liz Ordonez-​Dawes, an accom­plished archi­tec­tu­ral pho­to­grapher, was recently awar­ded $12 million in the Uni­ted Sta­tes Dis­trict Court, Southern Dis­trict of Flo­rida, for copy­right infrin­ge­ment of appro­xi­ma­tely 7 of her pho­to­graphs. Ordonez-​Dawes alle­ged that the defen­dants, Turn­key Pro­per­ties, Inc. and Michael Friend, were pro­vi­ded seve­ral of her pho­to­graphs for the limi­ted pur­pose of use in advertising […]

 

Giles: The Supreme Court Reaffirms the Confrontation Clause

On 5 June 2008, in U.S. Supreme Court, by Peter Smythe

The Supreme Court recently held in Giles v. Cali­for­nia that the Cali­for­nia Supreme Court’s theory of for­fei­ture by wrong­doing is not an excep­tion to the Sixth Amendment’s Con­fron­ta­tion Clause because it was not an excep­tion esta­blished at the nation’s foun­ding. Dwayne Giles shot his girl­friend, Brenda Avie, outside the garage of his grandmother’s house. He […]

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