I’m happy to welcome first-time guest poster Larissa Pochmann of the Universidade Candido Mendes, with a post on Brazil’s recent accession to the Hague Apostille Convention. Welcome, Larissa!
The Apostille Convention, also known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, was drafted by the Hague Conference on Private International Law. There are eighty members of the Hague Conference (79 states and one Regional Economic Integration Organization) and 68 non-member states are connected with the Conference. According to the State Department’s helpful explanation, apostilles authenticate the seals and signatures of officials on public documents, which are documents originating from a court, a clerk of court, a public prosecutor or process server, and also administrative documents, notarial acts, and official certificates placed on documents. A public document with an apostille will be recognized in foreign countries that are parties to the Convention, regardless of the official language of the issuing country and without a requirement of diplomatic or consular legalization.
Continue reading Brazil and the Apostille Convention
The case of the day is In re Barkats (Bankr. D.D.C. 2014). In early 2014, several creditors of Pierre Philippe Barkats filed an involuntary bankruptcy petition. They served it on him by “delivery through owner and co-resident” at a home in Chevy Chase, Maryland, which Barkats’s lawyer had listed as Barkats’s address in a document filed with the District of Columbia Superior Court in an unrelated case. But the lawyer later averred that he had given the address solely as an address for receiving mail in the Superior Court action and that Barkat lived in France. After Barkat failed to answer the petition and the creditors obtained an order for relief, Barkats moved to vacate the order on the grounds that he had never been served with the petition.
Continue reading Case of the Day: In re Barkats
The case of the day is Bruton v. Texas (Tex. Ct. Crim. App. 2014). The defendant, Peter Cain Bruton, was found guilty of aggravated sexual assault of a child and sentenced to imprisonment for life. At his sentencing, the prosecution had sought to introduce documents purporting to be public records from England showing that Bruton had been previously convicted of crimes in the Crown Court in Norwich, an INTERPOL record purporting to show that he had previously convicted of crimes in the UK, and a letter from a Data Protection Disclosure Unit Officer of the Norfolk Constabulary to the Denton County (Texas) District Attorney’s Office purporting to show that he had previously been convicted twelve times for indecent assaults on a young girl or girls.
Continue reading Case of the Day: Bruton v. Texas