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Is the EEOC's understanding of its rule entitled to respect under Long
Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case?
Martel v. Clair - Docket No., 10-1265
In this case after ten years of capital federal habeas corpus proceedings in the district court, respondent abruptly complained about and sought substitution of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that "it appears Petitioner's counsel is doing a proper job" and that "[n]o conflict of interest or inadequacy of counsel is shown," and issued its ruling denying habeas corpus relief. On appeal, though, the Ninth Circuit appointed a replacement lawyer, vacated the judgment, and remanded for further proceedings to allow the new lawyer to raise supplementary...
The Ninth Circuit explained that no showing of ineptitude of counsel was required; for it was enough that Clair had expressed discontent and had alleged that the public defender was failing to pursue potentially significant evidence. The question before the court is: whether a condemned state prisoner in federal habeas corpus proceedings is allowed to replace his court-appointed counsel with another court appointed lawyer just because he states dissatisfaction and alleges that his counsel was failing to pursue potentially significant evidence.
References
Preview of the United States Supreme Court Briefs 2011-2012 Supreme Court Briefs. (2011).
Retrieved from http://www.americanbar.org/publications/preview_home/alphabetical.html
Supreme Court Docket. (2011). Retrieved from http://www.jud.ct.gov/external/supapp/summaries/docketsup.htm
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Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitioner(s) and the Respondent(s)? The case deals with two gay men, or in other words, homosexual men, that is, men who prefer partners of the same sex, who happened to be
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Women and the Death Penalty Analysis An Analysis of the Historical Effect of Gender and Race on the Application of the Death Penalty in the United States While the debate over capital punishment continues to rage in the United States, questions of why the death penalty is viewed as ethical by some, while others would view it as unethical become increasingly significant. In addition, there are new controversies concerning the ethical nature
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