Blog

Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case

In In re Sittenfeld, No. 22-3694 (6th Cir. Sept. 23, 2022), the Sixth Circuit denies a mandamus petition and thus leaves undisturbed the denial of an order sought by a criminal defendant to compel the forensic examination of a juror’s cellphone, computer, or “any electronic device that [the juror] used to make electronic communications.” “InContinue reading “Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case”

by pwmollica1961

Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas

In Defense Distributed v. Platkin, No. 22-50669 (5th Cir. Sept. 16, 2022), two concurring judges in a per curiam scheduling order issue an unusual plea to a district court judge in another circuit to return a case to Texas as an “act of inter-district comity, mutual respect, and courtesy.” The case involves a company thatContinue reading “Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas”

by pwmollica1961

District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit

In Belya v. Kapral, No.21-1498 (2d Cir. Sept. 16, 2022), the Second Circuit holds that it has no appellate jurisdiction over interlocutory orders allowing a defamation action to go forward despite the invocation of the “church autonomy doctrine.” Plaintiff “Belya sued defendants-appellants — individuals and entities affiliated with the Russian Orthodox Church Outside Russia (‘ROCOR’Continue reading “District Court Order Denying Dismissal of an Action Based on the “Church Autonomy Doctrine” Not Subject to Appellate Review Under Collateral Order Doctrine, Holds Second Circuit”

by pwmollica1961

Archives:

Follow My Blog

Get new content delivered directly to your inbox.