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Articles Posted in Federal Law

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August Update — Alabama Courts Slowly Coming Back to Life

Although the disruptions to our legal system because of the COVID pandemic continue, there is progress being made in re-opening the judicial system safely. In the past week, I have become aware that in many counties in Alabama, there will soon be jury trials with steps taken to ensure proper…

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July Update: Central Alabama Courts Continue COVID-19 Related Closure. Cases Delayed Indefinitely.

Courtrooms throughout central Alabama either continue to be closed (Montgomery County, Federal Middle District Courts) or have recently announced closure (As of this week, Elmore, Autauga and Chilton County Courts have closed.) Even those courtrooms that are ostensibly open for business are currently severely limited in what kind of matters…

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Re-Opening of Alabama’s Court System Post-Pandemic

At Skier & Associates, our practice is varied. We have pending cases in numerous venues including Alabama State Courts (District Court, Circuit Court, Family Court in Montgomery, Autauga, Elmore, Butler, Lowndes and other counties) Municipal Courts (Montgomery, Prattville, Millbrook and Wetumpka City Courts for example,) Federal District Courts (Middle District…

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The “First Step Act” and the Effect on Federal Criminal Sentencing and Practice

In a surprising and encouraging move, late last year (2018) the “First Step Act” passed both houses of Congress and was signed into law by the President. The Act purports to change several provisions that will have an effect on Federal criminal cases going forward, as well as many individuals…

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Great New Search and Seizure Case from US Supreme Court

A recent US Supreme Court ruling has the potential to affect many people who have had vehicles searched by law enforcement, including at least one client of Skier & Associates. The Court in Collins v. Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile…

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Andrew Skier Quoted Again — al.com Article

I recently became involved in a case in Federal Court in the Middle District of Alabama involving allegations that a client was part of a scheme to perform sub-standard physical examinations for Commercial Driver License holders and applicants. You can read about the case here. If you are unfortunate enough…

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US Supreme Court takes up case of vehicle search near home

Is a police officer, without a warrant and uninvited, authorized under the Fourth Amendment to conduct a search of a vehicle parked near a residence? This is the issue the United States Supreme Court will decide next year in the case of Collins v. Virginia. I have a case in…

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New Case Law on Search of Vehicles During a Traffic Stop

I have filed a Suppression Motion for a client based on a recent US Supreme Court decision, Rodriguez v. United States (2015.) The issue in Rodriguez is the extension of a routine traffic stop beyond the time necessary to write a traffic citation and what happens if incriminating evidence is…

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Changing Guidelines for Federal Prosecutors Leads to Uncertainty

Recently, Attorney General Jeff Sessions issued a memorandum instructing US Attorneys to charge the “highest readily provable offense” regardless of other factors in all cases. This reverses an Obama-era policy that called for charging leaders and violent actors more severely than non-violent, non gang-related actors. The net result of these…

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