Aggravating Factors Don T Need To Be Charged In The Capital Case Indictment

Norman Mearle Grim, Jr. was convicted of first-degree murder and sexual battery of a woman and a jury unanimously recommended death. The court approved the jurors’ recommendation, finding that the State had proven three aggravating circumstances beyond a reasonable doubt and that those circumstances outweighed any mitigating factors. Grim exhausted all of his state remedies on direct appeal and collateral attack, to no avail. His petition for habeas corpus was denied, though he was issued a certificate of appealability to determine the following issues:...

June 11, 2022 · 3 min · 537 words · Wallace Moore

America Invents Act Patents Now Awarded To First To File

President Obama has signed the America Invents Act into law, greatly overhauling much of the nation’s patent-awarding system. The Act is the first major change to U.S. patent law since 1952. It seems that the biggest change to come from this legislation is that it creates a “first to file” system, USA Today reports. Patent and intellectual property attorneys across the nation have followed the old “first to invent” system for years....

June 11, 2022 · 2 min · 415 words · Shawn Hastings

Bartleby Lives Ct Finds 1 67B Attorney S Typo Can Be Fixed

Attorneys with iffy typing skills or bad drafting habits throughout the nation (or at least throughout the 7th Circuit) are drawing a sigh of relief today. On August 10, the 7th Circuit Court of Appeals held that everyone makes mistakes – and some shouldn’t cost your client $1.67 billion dollars. The court found in favor of Verizon Wirless and will allow the company to correct a mistake in a 1996 pension plan that it inherited from its predecessor, Bell Atlantic, according to Reuters....

June 11, 2022 · 2 min · 313 words · Lula Brock

Birmingham Fire Fighters Ass N V Birmingham No 08 16604

Birmingham Fire Fighters Ass’n. v. Birmingham, No. 08-16604, involved the City of Birmingham’s appeal from the district court’s order declaring an Alabama state law void and affirming that the court appointed members of the Personnel Board of Jefferson County, Alabama would serve the remainder of their terms. The court of appeals dismissed the appeal, holding that the Eleventh Circuit did not have jurisdiction to consider the matter because the appealed order, an interlocutory injunction, had since merged with a subsequent final order that neither party challenged....

June 11, 2022 · 2 min · 283 words · James Chang

Can Celebrity Influencers Endorse Cryptocurrencies

Following celebrities online generally results in a mixed feed of personal news and paid-for advertisements disguised as thinly veiled personal updates. For some reason, advertisers think that people are gullible enough to buy anti-aging products from child models, and as such, it is no surprise that celebrities endorse everything these days from cellphones to cellophane and even cryptocurrencies. However, new guidance from the SEC might give both celebrities and social media influencers pause before they make their next post lauding the way using Bitcoin makes them look younger, smell better, and run faster....

June 11, 2022 · 3 min · 520 words · Glenda Moore

Eleventh Circuit Reinstates Another Fdcpa Claim

This week, we have another Fair Debt Collection Practice Act (FDCPA) claim in which the Eleventh Circuit Court of Appeals ruled that homeowners could sue attorneys acting as debt collectors. Yes, attorneys are being sued, and you don’t want to be one of them, so you need to heed the court’s warnings. Izell and Raven Reese defaulted on a loan that they had secured by giving the lender, Provident Funding Associates, L....

June 11, 2022 · 3 min · 510 words · Theresa Lai

Get A Job New Windows Application Enables Legal Employees

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Perhaps very welcome news to legal employees is ButterflyVista’s recent release of JobFish 2010; a windows application that facilitates the use of online job boards to seek employment opportunities. The program provides for easy locating of job openings, management of job listings, staying on top of contacts, monitoring applications, and goes so far as to help navigate unemployment insurance....

June 11, 2022 · 3 min · 455 words · Robert Ruff

Hamas Victims Can T Recover Using Terrorist Funds

A family injured in a terrorist attack carried out by Hamas cannot use Holy Land Foundation funds in order to satisfy their civil judgment against Hamas. The Holy Land Foundation (HLF) has been designated by the federal government as a terrorist organization that acts as a fundraiser for Hamas in the United States. However, the Fifth Circuit will not allow HLF funds to be used to satisfy civil judgments while the money is under criminal forfeiture proceedings....

June 11, 2022 · 3 min · 558 words · Taryn Browning

How To Find Job Security As A Solo Attorney

If you recently passed the bar exam, congratulations. Now welcome to the world of licensed-and-unemployed. There isn’t exactly blood out in the streets, but the numbers of attorneys out there without work is startling. Some new lawyers are hanging up their own shingles. But that market is hurting too. We can call it the natural ebb-and-flow of legal services demand, but those with faint hearts are looking for something more consistent....

June 11, 2022 · 2 min · 413 words · Wilfred Carideo

Immigrants Scrutinized Over Foreign Addresses

Jose Nicolas Ramos-Portillo lived in a Salvadoran village where literally everybody knew him. But he fled the village in fear of gangs, and found his way to the United States. When immigration officials asked for an address, he gave them the village address because his family would get his mail for him there. He didn’t expect it to become a federal case, but a lawyer had to argue about it to the U....

June 11, 2022 · 3 min · 441 words · Devin Workman

Lawyer Sanctioned For Refusing To Answer Judge S Yes Or No Question

In an unpublished opinion, a federal appeals court upheld a $500 sanction against a lawyer who refused to answer a judge’s question. The U.S. Fifth Circuit Court of Appeals affirmed the sanction against William Hermesmeyer for refusing an order to answer “yes” or “no.” In the opinion, the appeals court said local court rules require attorneys to comply with court orders. “Perhaps the district court contributed to the difficulties, but an attorney must comply with court orders,” the appellate panel said....

June 11, 2022 · 2 min · 389 words · Javier Waring

Lawyers Is It Time To Automate Your Email Empathy

You want to keep in touch with clients, to let them know you’re invested in their divorce, assault charge, corporate restructuring, what have you. But frankly, you’re too busy working on their and everyone else’s legal problems to give as many personalized notes as you might like to. Should you look to the healthcare industry for a solution? Many overworked doctors, it seems, have turned to “automated email empathy” to keep patients engaged by putting robots in charge of the follow ups....

June 11, 2022 · 3 min · 488 words · Sarah Routhier

Lawyers Should Learn To Irac A Successful Press Conference

IRAC is a law student’s best friend, but the acronym can also help when a lawyer wants to call a press conference. In this case, we’re not talking about delving into the Issue, Rules, Analysis, and Conclusion of your legal argument – though reporters unfamiliar with the law may actually appreciate a simplified “mini-IRAC” explanation of what’s going on. As applied to attorney press conferences, IRAC stands for Identifying media organizations, Releasing details, Answering media questions, and Controlling your event....

June 11, 2022 · 3 min · 508 words · Isaac Womack

Marketing For Hungry Lawyers Welcome To The Jungle Law Group

When you’re known as Tarzan the Lawman, you know you have arrived in the legal profession. Not saying where you’ve arrived exactly, but for sure it includes practicing at the Jungle Law Group. Tristen J. Woods earned his moniker there. Woods and partner Lauren Sierra Kruskall are animal rights advocates, but they work on another level. When you advertise yourself riding an elephant, that’s the reputation you get. Entertainment First With Tarzan-like locks and physique, Woods was an actor before starting a law practice....

June 11, 2022 · 2 min · 417 words · Jessica Stickley

More Nsa Revelations Now Your Cellphone Isn T Safe

One of the big surprises at last night’s Oscars was the win of “Citizenfour” for Best Documentary. Though that category often involves controversial issues, “Citizenfour” is Laura Poitras’ documentary about the Edward Snowden NSA revelations. Snowden himself remains a controversial figure. Depending on your politics, he’s either a whistleblower or a traitor. Of course, without Snowden, we’d have no way of knowing just how insecure our “secure” communications channels are. Week by week, the news just keeps coming that the NSA is listening in on things every way they possibly can....

June 11, 2022 · 3 min · 554 words · Colleen Lai

North Carolina Opens Legal Borders To Help Disaster Victims

You can practice law in North Carolina no matter where you are, if you are ready to help disaster victims. Because of Hurricane Florence, the North Carolina Supreme Court has ordered that out-of-state lawyers may provide free legal services there. It’s not an open invitation to start a practice in North Carolina, but it is an opportunity to do some good. It’s also good news for lawyers who can’t leave their homes to go across country....

June 11, 2022 · 2 min · 341 words · Eddie Andrade

The Easiest Marketing Plan Cross Selling To Clients

The best client is a client you already have. The best of the best are clients you already have who want even more of your services. Cross-selling your services to existing clients is one of the easiest, most inexpensive forms of marketing. But you’ve got to do it right. Here are our tips. Your clients’ needs, not your own services, should drive cross-selling efforts. It’s easy to take a client out to dinner, pitch them on how great your firm is at tax law, and make the argument for why they should get you to help them beat the IRS this tax season....

June 11, 2022 · 3 min · 463 words · Thomas Harrell

Top Strategies For Your Company S Non Compete Agreements

No company likes to lose its valuable employees to the competition. But there are things you can do to help increase employee retention. Keeping workers engaged and satisfied is your best bet, but it’s common to make use of non-compete clauses and other post-employment restrictions as well. But, because non-competes are, well, a bit anti-competitive, they have to be crafted with care, if they’re going to withstand scrutiny. Here’s our best strategies to help you out, from the FindLaw archives....

June 11, 2022 · 3 min · 464 words · Martin Lanham

Walker V Kelly No 06 23

District court’s denial of defendant’s petition for habeas relief seeking to prevent his execution is affirmed where: 1) the district court did not clearly err in denying defendant’s Atkins claim; and 2) the district court did not err by refusing to empanel a jury to determine defendant’s mental retardation claim. Read Walker v. Kelly, No. 06-23 Appellate Information Argued: September 22, 2009 Decided: January 27, 2010 Judges Opinion by Chief Judge Shedd...

June 11, 2022 · 1 min · 129 words · Mark Sparks

What Should Small Firms Know About Ai

What should solo practitioners and small firms know about AI? He was only the highest-scoring point guard in the history of the NBA, that’s what! He stood toe-to-toe with Michael Jordan, the greatest basketball player of all time, crossed him over and scored on him like a boss! Wait, you want to know about the other AI? Fine. Work with me here. Like gifted athletes on the basketball court, solo practitioners and small law firms can own the big leagues on the other court....

June 11, 2022 · 3 min · 537 words · William Lewison