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jury beyond a reasonable doubt." Ring, 536 U.S. at 602, 122 S.Ct. 2428 (citing Apprendl, 530 U.S. at 482-83, 120 S.Ct. 2348). Two years later, in Ring the Supreme Court held that an aggravating factor rendering a defendant death-eligible "operate[s] as the functional equivalent of an element of a greater of- fense
. FN26. Currently, the circuit courts are split as to whether duplicative aggravating factors are unconstitu- tional and as to the meaning of the Supreme Court's decision in Jones. The Fourth and Ninth Circuits have aligned with the Tenth Circuit and adopted their own variations of tke rule in McCullah. Se
light of Jones, see United States D. 1?obin- son, 367 F.3d 278, 292-93 (5th Cir.2004) ("Although our case law once [supported the theory], the Su- preme Court recently admonished that it does not support that theory of review.") O 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westl
arm our clients. 2. Chief Judge Vinson and the Common Law Privilege Of Reporting Environmental Hazards and Violations, Reichhold Chemicals, Inc. Textron, Inc., 157 F.R.D. 522 (NJ). Fla. 1994) Reichhold Chemicals involved a Consent Order between Reichhold and the Florida Department of Environmental
wner Tells High Court Art Law Is Unconstitutional A New York City real estate developer who destroyed a famed graffiti space known as 5Pointz asked the U.S. Supreme Court on Monday to strike down as unconstitutional a federal law that protects works of art from harm. Petition attached I Read full article » ENERGY &
Page: EFTA00025393 →Russia, perpetrated two insurance fraud schemes and destroyed communications at the center of the schemes. Memorandum attached Read full article » Textron Escapes Investor Suit Over Arctic Cat Buy Textron Inc. slipped a proposed securities class action Monday after a New York federal judge found that
Page: EFTA00025393 →tlement agreement constituted Page 10 an "implied waiver" of this privilege. Id at 622-26. The court began its analysis with a con- sideration of the Supreme Court's decision in Nobles, noting that that decision held that an attempt to make testimonial use of work product resulted in an implied waiver of the p
rm our clients. 2. Chief Judge Vinson and the Common Law Privilege Of Reporting Environmental Hazards and Violations, Reichhold Chemicals, Inc.'. Textron, Inc., 157 F.R.D. 522 (N.D. Ha. 1994) Reichhold Chemicals involved a Consent Order between Reichhold and the Florida Department of Environmental R
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