SCOTUS to consider Apprendi Expansion

On Monday the U.S. Supreme Court will hear argument in Alleyne v. United States, a case that could advance the Apprendi revolution. See this site's discussion at the time of the cert. grant or, for more details, look at SCOTUSBLOG's argument preview. Briefly the case involved a defendant convicted of robbery, and "using" a firearm, but not guilty of a separate charge for "brandishing." Notwithstanding the "brandishing" acquittal, the District Court enhanced the sentence based on a judicial finding of brandishing, believing that was required by the Supreme Court's 2002 plurality decision in Harris v. United States. In Alleyne SCOTUS appears poised either to overrule Harris or breathe new life into it. Stay tuned.

First Circuit: Dist Ct erred in enjoining Building #19's ad for Swarovski crystal

The First Circuit in Swarovski v. Building No. 19 has reversed a preliminary injunction that would have limited the retailer's ability to advertise a sale of Swarovski Crystal products it had purchased at salvage. Finding that Chief Judge Mary Lisi (D.R.I.) erred in granting preliminary relief without addressing the issue of consumer confusion (important to the "likelihood of success" prong of prelim. inj. analysis) and that the District Court never even considered the matter of irreparable harm.

Providence Superior - Dispositive Motions

Superior Court Justice Luis Matos on January 3, 2013 issued a new Administrative Order re: Dispositive Motions. Of particular note: hearings will be no sooner than 45 days from the date of filing, objections are to be filed within 21 days of the original filing, and the moving party will then have 10 days to reply to the objection.

Foreign Corporation - Authority to Sue in Rhode Island

The Rhode Island Supreme Court today held that the Superior Court erred in granting summary judgment against plaintiff foreign corporation whose authorization to do business in R.I. had been revoked, noting that the plaintiff had corporate authority at the time suit was filed. Custom Metal Systems Ltd. v. Tocci Building Corp.

SCOTUS to review judge's role in coercing plea

The Supreme Court today granted certiorari to review the decision of the 11th Circuit in U.S. v. Davila, 664 F.3d 1355 (11th Cir. 2011). The Court of Appeals held that the actions of the Magistrate-Judge during plea discussions constituted a violation of F.R.Crim.P. 11(c), which protects defendants against judicial coercion of guilty pleas. The Supreme Court will consider whether the judge improperly participated in the plea discussions between the defendant and the prosecution. United States v. Davila, No. 12-167, cert. granted (U.S. Jan. 4, 2013).