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The judge hearing the claims of the falsely accused Duke lacrosse players has asked for briefing on whether their lawsuit against Durham, N.C., can pass muster under Iqbal.
In the Lopez case, the court asked for briefing on whether her constitutional rights were violated "when the trial court admitted into evidence the results of blood-alcohol level tests and a report prepared by a criminalist who did not testify at trial".
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It asked the parties to submit additional briefs on whether two major precedents should be overruled.
He ordered prosecutors and defense lawyers to submit briefs on whether a mistrial should be declared or the charges dismissed.
The restraining order will remain in effect for two weeks, as lawyers prepare their briefs on whether the injunction should be extended.
The DA called for the parliamentary joint standing committee on intelligence to be briefed on whether the leak was likely to reveal any wrongdoing on the part of the SSA.
The stay prevents same-sex couples from marrying while the case is being appealed, but legal analysts said it was unlikely that Judge Walker — who ruled that Proposition 8 violated the constitutional rights of gay men and lesbians — would extend it much beyond Friday, the deadline he set for both sides to file briefs on whether he should continue the ban.
Indeed, when the justices in December agreed to hear the two same-sex marriage cases, they went out of their way to ask for briefs on whether the court has the power to decide them in light of the actions of government officials.
(On Thursday, the parties are due to submit briefs on whether the Ninth Circuit should rehear the Administration's request for a stay of the order en banc that is, before an eleven-judge panel; the Administration has the option of going straight to the Supreme Court but so far hasn't taken it).
Hours after the decision in the case, Riegel v. Medtronic, was announced, lawyers involved in a group of Florida state court cases related to Johnson & Johnson's drug-coated Cypher heart stent received an e-mail message from Judge Mary Barzee Flores asking for briefs on whether the lawsuits should be allowed to continue.
By the time Lord Justice Leveson intervened, saying "you didn't have to be a lawyer" to know "a judge hearing a case can't speak to the parties outside the case", it was clear Smith had not been briefed on whether the contact with Michel was appropriate in the quasi-judicial process.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com