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Thursday, October 2, 2008 Programming note: Today, I'll be delivering an appellate oral argument in a case pending before the Superior Court of Pennsylvania. Additional posts will appear here this afternoon. Posted at 06:30 AM by Howard Bashman "Court Won't Revisit Death Penalty Case": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Court Won't Reconsider Ban on Execution for Child Rape." David G. Savage of The Los Angeles Times reports that "Supreme Court upholds death penalty ban in the rape of a child; A five-justice majority says the court's ruling barring capital punishment in the rape of a child will stand, despite a military law allowing the death penalty in such cases." Warren Richey of The Christian Science Monitor reports that "Despite gaffe, Supreme Court won't revisit landmark child-rape ruling; Five justices footnote their June opinion about a 'national consensus' against using the death penalty for child rapists." And The Times-Picayune of New Orleans reports that "Supreme Court won't rehear La. child rape case; Death penalty cruel, unusual punishment in Jefferson case." Wednesday, October 1, 2008 "Nichols was calm, armed and scary, carjack victims say": The Atlanta Journal-Constitution provides a news update that begins, "Five carjacking victims testified Wednesday how Brian Nichols skipped from parking deck to parking deck, taking vehicles at gunpoint, staying one step ahead of the police as he fled the March 2005 courthouse shootings." Posted at 10:18 PM by Howard Bashman The Associated Press is reporting: An article headined "Palin, in interview, casts herself as a federalist" begins, "When it comes to the Supreme Court, only one case comes to Sarah Palin's mind: Roe v. Wade." And in other news, Hope Yen reports that "Legal troubles remain for reporter on anthrax case." Philadelphia Phillies 3, Milwaukee Brewers 1: My son and I were at Citizens Bank Park in Philadelphia this afternoon for game one of this National League Division Series and got to see the Phillies win the team's first playoff game since 1993. It was a very exciting game, and the crowd was totally supportive of the home team. You can view the box score at this link, while wraps can be accessed here and here. "Court modifies Kennedy death penalty opinion, grants 10 new cases": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. In early coverage, The Associated Press reports that "High court rebuffs Louisiana in child rape case" and "Top court will review who pays for Superfund site." And Greg Stohr of Bloomberg News reports that "Shell Gets U.S. High Court Hearing on Cleanup Suits." "Obama, McCain May Use '10th Justice' to Influence Supreme Court": Greg Stohr of Bloomberg News today has an article that begins, "The next U.S. president won't have to wait for a vacancy to start influencing the Supreme Court. The high court's term, which starts next week, underscores the president's power to shape the court's rulings through his top courtroom lawyer, the solicitor general." Posted at 11:15 AM by Howard Bashman Programming note: Today and tomorrow, I'll be delivering appellate oral arguments in two separate cases pending before the Superior Court of Pennsylvania. In between, this afternoon I'll be attending along with my son game one of the National League Division Series between the Philadelphia Phillies and the Milwaukee Brewers. Go Phils! As a result, additional posts may not appear here until later today. "Supreme Court Stays Above Economic Fray -- for Now": law.com's Tony Mauro provides this report. Posted at 06:25 AM by Howard Bashman Tuesday, September 30, 2008 "No More Clubbing for Federal Judges": This evening at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "While the nation's attention was riveted on Congress and its response to the financial crisis in recent days, Congress found time to pass a bill that federal judges are really not going to like: a ban on gifts of honorary club memberships valued at more than $50 per year for all federal judges, from the Supreme Court on down. It passed the Senate on Sept. 25 and the House of Representatives on Sept. 29, and it is expected to be signed by President George W. Bush anytime." Posted at 08:47 PM by Howard Bashman "Court upholds legality of SanFran health care plan": The Associated Press provides this report. My earlier coverage of today's Ninth Circuit ruling appears at this link. "Nichols trial: First witness to deaths testifies; 'The judge never saw him': Lawyer in courtroom on day in '05 says shooter looked like staff." Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Superior Court Judge Rowland Barnes never knew he was about to die. Nicole Waller, a young lawyer, was appearing before Barnes that morning to ask him to dismiss a business lawsuit, when she saw a well-dressed man enter the courtroom from the judge's chambers. Waller, who was in midsentence, assumed the man was a staffer as he strode up behind the judge with his right hand extended. 'It looked to me like he was handing something to the judge,' Waller testified Monday. 'The judge never saw him.' Barnes had just indulged in his trademark humor at the good-natured expense of one of the attorneys. The newcomer, later identified as Brian Nichols, stepped up on the judge's bench. Nichols then fired, and Barnes was fatally wounded, Waller said. Then Nichols aimed at the court reporter, Julie Ann Brandau, and fired again, hitting her in the head, Waller said. Waller, the 18th witness to testify in Nichols' murder trial in Superior Court, was the first one who witnessed the deaths of Barnes and Brandau on March 11, 2005, in the Fulton County Courthouse shootings." And, later today, the newspaper posted online an update headlined "Nichols caused panic when he left courthouse; Deputy pursued defendant through complex, onto street where he died." "Bench, Bar Gather to Remember Senior Circuit Judge Joseph T. Sneed III": The U.S. Court of Appeals for the Ninth Circuit issued this news release today. Posted at 03:27 PM by Howard Bashman "Appeals court will decide whether feds can use steroid test results of 100 pro baseball players": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today escalated the heated legal feud between the federal government and the Major League Baseball players' union, deciding to rehear a case involving the controversial seizure of the names and urine samples of about 100 players who failed a 2004 steroids test. In a brief order, the 9th U.S.Circuit Court of Appeals agreed to rehear the case with a special 11-judge panel. The order effectively wipes off the books a divided 119-page ruling issued in January that generally sided with the Justice Department in its effort to use the test results, initially obtained in an offshoot of the Balco steroids investigation." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. This blog's earlier coverage of the three-judge panel's ruling that today's grant of rehearing en banc sets aside can be accessed here and here. And that three-judge panel's first ruling in the case -- from way back in December 2006, featuring mention of the little-known U.S. District Court for the Southern District of Nevada -- appears at this link. My coverage of that first ruling appeared here, here, and here. "Federal appeals court upholds S.F. health coverage law": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court upheld San Francisco's pioneering health coverage program today, saying the city has the legal authority to require employers to help pay for health care for uninsured workers and residents. The Ninth U.S. Circuit Court of Appeals rejected challenges by restaurant owners and the Bush administration to the ordinance, the first of its kind in the nation." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge William A. Fletcher wrote the decision, in which Circuit Judge Stephen Reinhardt and Senior Circuit Judge Alfred T. Goodwin joined. "Court rules Register can report on trial; Appellate panel rules ban on coverage of newspaper carriers' suit is unconstitutional": This article appears today in The Orange County Register. And The Associated Press reports that "Court rules Calif. newspaper can cover own trial." You can access yesterday's ruling of the California Court of Appeal for the Fourth Appellate District, Division Three, at this link. In praise of the now-defunct New York Sun: The New York Sun has announced that it will cease publication effective today. As someone who is a fan of newspapers, I am always saddened when a publication that I have enjoyed goes out of business. Fans of high-quality law-related journalism should be especially glum, as the newspaper featured two top-notch reporters who regularly covered legal issues: Josh Gerstein and Joseph Goldstein. Both Josh and Joe reached out to me regularly -- and by extension reached out to you the readers of this blog regularly -- by making sure that I was aware of their latest articles, often only moments after they appeared online. And on other occasions, they would email just to let me know of a development that they knew I'd be interested in reporting on here, even if it was not something that they themselves had already written about. At a time when the NYSun's online content often appeared behind a subscription wall, Josh Gerstein would regularly provide me with links to articles appearing in his newspaper that would allow the readers of this blog to access those articles free of charge. And it was Josh who first reported on the public remarks of a certain Second Circuit judge at a conference in June 2004 in an article that began, "A prominent federal judge has told a conference of liberal lawyers that President Bush's rise to power was similar to the accession of dictators such as Mussolini and Hitler." This blog's earliest links to that article (which is itself no longer available online) appeared here and here. In any event, I wish Josh, Joe, and all of this blog's other friends at The New York Sun all the best going forward. In today's final issue of that newspaper, Josh Gerstein reports that "Feingold Bill Would Limit Searches of Travelers' Laptops." And the newspaper also contains an article headlined "Atlantic Yard Project Suffers a Setback." Podcasts available for download: The New York Review of Books has posted online a podcast described as follows, "Ronald Dworkin explores the threats a McCain presidency would pose for the Supreme Court, the Constitution, and the place of the United States in the community of nations" (12.1MB mp3 audio file). And if you missed this month's meeting of the Philadelphia Bar Association's Appellate Courts Committee, you probably have yet to learn that Chief Justice John G. Roberts, Jr. will be a featured speaker at the 2009 Judicial Conference of the U.S. Court of Appeals for the Third Circuit, which will take place in Philadelphia and be open to the public. You can listen to the podcast of that committee's meeting, featuring three high-ranking Third Circuit administrators, via this link (21.3MB mp3 audio file). "Attorneys Tom Goldstein, Eugene Scalia, and Bradford Berenson discuss upcoming cases on the Supreme Court docket including those on national security, labor and employment, and the case of FCC v. Fox on the broadcast indecency rules": You can view last Saturday's broadcast of C-SPAN's "America and the Courts" online, on-demand by clicking here. And if one hour of that discussion leaves you wanting more, you can view the entire discussion by clicking here. RealPlayer is required to launch these video segments. "Mortgage Lenders Fight Off Rescission Class Action in 7th Circuit": Pamela A. MacLean of The National Law Journal provides this report. And last Wednesday, The Milwaukee Journal Sentinel contained an article headlined "Chevy Chase Bank scores victory in predatory mortgage lending case; Appellate court dismisses Cedarburg couple's class action suit." According to the article: The 15-page decision by former Wisconsin Supreme Court Justice Diane Sykes brought an unusually sharp retort from Kevin Demet, the [plaintiffs'] lawyer.You can access last week's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. Posted at 08:54 AM by Howard Bashman Monday, September 29, 2008 "Iowa AG seeks review of nude dancing ruling": The Associated Press provides a report that begins, "The state attorney general's office said Monday it asked the Iowa Supreme Court to review a judge's ruling that nude dancing is a legal art form. Assistant Attorney General Mary Tabor said the state is seeking a review of Judge Timothy O'Grady's August decision in which he ruled that a strip club was protected under a law allowing nudity in any 'theater, concert hall, art center, museum or similar establishments' devoted to the arts or theatrical performances." Posted at 04:05 PM by Howard Bashman "An Investigation into the Removal of Nine U.S. Attorneys in 2006": That's the title of the report that the U.S. Department of Justice's Office of Inspector General and Office of Professional Responsibility issued today. Posted at 02:40 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Prosecutor named to probe US attorneys' firings"; "Gun groups to appeal decision to toss Ga. lawsuit"; and "Ohio Supreme Court upholds early voting window." Posted at 02:38 PM by Howard Bashman "Judge chided for seeking job from lawyers in trial": Last Thursday in The Newark (N.J.) Star-Ledger, Kate Coscarelli had an article that begins, "Judges must be diligent to make sure there is no appearance of impropriety when they are looking for a new job while still on the bench, the New Jersey Supreme Court ruled yesterday in a unanimous decision." And law.com reports that "N.J. Supreme Court Imposes Restrictions on Job-Seeking Judges." You can access last week's ruling of the Supreme Court of New Jersey at this link. "Key evidence unveiled against former Richardson Muslim charity in Holy Land case": This article appears today in The Dallas Morning News. Posted at 09:22 AM by Howard Bashman "'I wanted to disarm him'; Ex-deputy's testimony to continue today": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Retired Fulton County Deputy Grantley White sobbed as he recounted one of his greatest heartaches to his already damaged heart; the day his friend and the judge he protected was shot dead while sitting on the bench. White said he was testifying in the Brian Nichols case despite the risk of aggravating an existing heart condition because it was his duty. White is to continue testifying today, when the trial begins its second week." Posted at 09:17 AM by Howard Bashman "Jury duty? You may want to edit your online profile; Trial consultants increasingly use the Internet to learn about prospective jurors, including how they vote, how they spend money and if they've spoken out on controversial issues." Carol J. Williams has this article today in The Los Angeles Times. Posted at 09:12 AM by Howard Bashman "Laptop searches go too far: Customs agents should not be allowed to arbitrarily scroll through citizens' laptop computers." This editorial appears today in The Los Angeles Times. Posted at 09:10 AM by Howard Bashman "Davis case decision expected by Oct. 6; Execution stayed: 'This is the kind of case that has the [Supreme Court] on edge,' said one death penalty expert." Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "When the U.S. Supreme Court meets today to decide Troy Anthony Davis' fate, its nine justices face a fairly straightforward question: Is there sufficient doubt about Davis' guilt to warrant further scrutiny of his case? Davis needs four justices to vote 'yes.' Otherwise, his execution, halted by the high court less than two hours before it was to be carried out Tuesday evening, will be rescheduled. The court is expected to announce its decision Oct. 6. The high court's granting the stay at such a late hour, while not unprecedented, indicates the case has the justices' interest, court watchers said." Posted at 09:03 AM by Howard Bashman "A Chinese Muslim in Gitmo legal limbo; Though eligible for freedom, detainee labeled a foe of China is going nowhere": James Oliphant has this article today in The Chicago Tribune. Posted at 09:00 AM by Howard Bashman "Justices poised for full docket; Issues include FCC, religion": This article appears today in The Washington Times. Posted at 08:54 AM by Howard Bashman "33 Pastors Flout Tax Law With Political Sermons": The Washington Post contains this article today. The Los Angeles Times reports today that "Orange County pastors test the IRS rule against politicking; Dozens nationwide use their pulpits to endorse presidential candidates." And The Wall Street Journal reports that "Partisan Sunday Sermons Test Federal Tax Laws; Some Pastors Push the IRS to Allow Politics on Pulpit." "Nearly 500 teens serving life terms in Pa. prisons": This article appears today in The Pittsburgh Post-Gazette. Posted at 08:37 AM by Howard Bashman "Who Owns the Law? Arguments May Ensue." In today's edition of The New York Times, Noam Cohen has an essay that begins, "In a time when scientists are trying to patent the very genetic code that creates life, it may not be too surprising to learn that a variety of organizations -- from trade groups and legal publishers to the government itself -- claim copyright to the basic code that governs our society." Posted at 08:22 AM by Howard Bashman "No Charges Expected in Dismissal of Attorneys": Today in The New York Times, Eric Lichtblau has an article that begins, "A Justice Department investigation offers a blistering critique of the political motivations that led to the firings of a group of United States attorneys in late 2006 but stops short of recommending criminal charges against former Attorney General Alberto R. Gonzales or others in the affair, officials said." Posted at 08:15 AM by Howard Bashman "Preserving California's Constitution: California voters should reject Proposition 8, which would overturn the State Supreme Court decision allowing same-sex marriage." This editorial appears today in The New York Times. Posted at 08:04 AM by Howard Bashman "Sonar, F-Bombs and Public Parks: An eclectic blend of cases and three-a-day arguments are on tap this term." David G. Savage has this article in the October 2008 issue of ABA Journal magazine. And, as noted two posts below, yesterday in The Los Angeles Times he had this preview of the U.S. Supreme Court's October 2008 Term. "At Yale Law, a faculty exodus or just a cycle?" This article, part one of a three-part series, appears today in The Yale Daily News. Posted at 07:30 AM by Howard Bashman Sunday, September 28, 2008 "Supreme Court opens new term; The issues include the ability to sue over faulty but federally regulated drugs; dirty words on TV; and Navy sonar": David G. Savage has this article today in The Los Angeles Times. Posted at 11:22 PM by Howard Bashman "No Grand Jury for Gonzales; Report to Call for Continued Probe of U.S. Attorneys' Firings": Monday's edition of The Washington Post will contain an article that begins, "Former attorney general Alberto R. Gonzales will not be referred to a federal grand jury for his role in the 2006 firings of nine U.S. attorneys, but a long-awaited report to be released today will recommend that a prosecutor continue to probe the involvement of lawmakers and White House officials in the episode, according to two people familiar with the case." Posted at 10:23 PM by Howard Bashman Saturday, September 27, 2008 "$38.5 million settles 6 OHSU cases; The decision, which follows talk of a new tort cap, may resolve financial and public-relations problems for OHSU": The Oregonian today contains an article that begins, "In Oregon Health & Science University's first malpractice settlement since a court removed its state protection from large damage awards, the university agreed Friday to pay $38.5 million to bring an end to six long-standing cases." My earlier coverage of last December's Supreme Court of Oregon ruling appears at this link. "West Virginia Supreme Court to hear DuPont's appeal in $400 million case; Jury ruled company recklessly exposed toxins to residents": This article appeared yesterday in The News Journal of Wilmington, Delaware. And The Charleston (W. Va.) Gazette reported yesterday that "High court to hear appeal in DuPont case." "AP FOIA case has cost Supreme Court $30,000 so far": The West Virginia Record yesterday posted online an article that begins, "The state Supreme Court has been billed about $30,000 so far for its defense of a Freedom of Information Act lawsuit brought by The Associated Press. In addition, the Court has been billed about $428,000 for defense of a federal lawsuit brought against it by Massey Energy over the way justices recuse themselves from cases." Posted at 03:40 PM by Howard Bashman "Judge must accept pay raise, high court says": The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, "The state Supreme Court upheld a lower court ruling forcing a Superior Court judge to take a pay raise she tried to decline last year. In a one-sentence ruling, the high court upheld the ruling of Commonwealth Court saying that Judge Joan Orie Melvin must take the 11 percent raise that was part of the 2005 legislative pay hike, which drew widespread criticism and was eventually repealed for legislators." And The Pittsburgh Tribune-Review reports today that "Court orders Superior Court judge to accept pay raise." You can access Thursday's order of the Supreme Court of Pennsylvania at this link. "Supreme Court brings proceedings to town": Yesterday's edition of The Prescott (Ariz.) Daily Courier contained an article that begins, "The wheels of justice rolled through the Glassford Hill Middle School auditorium this week. Students from throughout Yavapai County watched the five justices of the Arizona Supreme Court hear oral arguments for one civil case and one criminal case on Thursday morning." Posted at 03:18 PM by Howard Bashman "High Court to hear Post appeal; Fighting for right to protect sources": Yesterday's edition of The National Post contained an article that begins, "The balancing of state powers in a police investigation against the right of a reporter to protect the identity of a confidential source is going to be weighed for the first time by the Supreme Court of Canada. The High Court agreed yesterday to hear an appeal filed by the National Post in what is expected to be a landmark case in the area of such confidential sources as government whistle-blowers." The Toronto Globe and Mail reported on Friday that "Supreme Court to hear test case on media freedom; Confidentiality of sources at issue." And The Canadian Press reports that "SCOC to hear case of media's right to confidential sources." "Pre-emption Looms Large in Supreme Court's Upcoming Business Cases; Four environmental cases are also on docket, plus key job bias issues": Marcia Coyle of The National Law Journal provides this report. Posted at 03:05 PM by Howard Bashman "Court again blocks Phila.'s try for gun-control law": This article appears today in The Philadelphia Inquirer. The Philadelphia Daily News reports today that "Council loses gun law skirmish in state court." And Reuters provides a report headlined "Philadelphia cannot set its own gun laws: court." You can access yesterday's ruling of the Commonwealth Court of Pennsylvania at this link. "FDA label doesn't quash drug suit, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Californian who is harmed by prescription drugs can sue the manufacturer for failing to warn of potential dangers, even if the product had a federally approved label, a state appeals court has ruled. Tackling an issue that is now before the U.S. Supreme Court, the appellate judges reinstated a Modesto woman's suit Thursday against the maker of a generic version of the brand-name drug Reglan, which is used against heartburn caused by acid reflux." You can access Thursday's ruling of the California Court of Appeal for the Fifth Appellate District at this link. Somewhat relatedly, The Boston Globe today contains an editorial entitled "No haven for dangerous drugs" that begins, "In the past 11 years, drug companies have had to pull 23 unsafe drugs from the market, even though all had won approval from the US Food and Drug Administration. In spite of this shoddy record of oversight, the companies want to be protected from lawsuits by victimized patients or their survivors on the grounds that FDA approval should protect them from liability. A Supreme Court that has proven only too willing to do the bidding of industry could give the companies what they are looking for. If it does, it will be doing just what conservatives often accuse judges of doing -- legislating from the bench." "Conservative judges fault Scalia opinion on guns": Mark Sherman of The Associated Press provides this report. The two examples of written criticism that are the subject of the article can be accessed here and here. "In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint." Damon W. Root has this essay online at Reason. Posted at 02:35 PM by Howard Bashman "The Downsides of Diversity: What Clarence Thomas might have to say about Sarah Palin." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 02:33 PM by Howard Bashman Friday, September 26, 2008 "Tom Goldstein previews Supreme Court docket": This article appears in the current issue of The Harvard Law Record. Posted at 11:00 PM by Howard Bashman "O.C. Register accused of writing misleading stories to influence lawsuit; The paper is appealing court order preventing it from reporting witness testimony in case on carriers": The Orange County Register provides this news update. And The Associated Press reports that "Judge bars SoCal paper from covering its own trial." "Court says newspaper able to protect source": The Times-Tribune of Scranton, Pennsylvania today contains an article that begins, "The Times-Tribune cannot be forced to disclose the identity of a confidential source for stories about a statewide grand jury investigation of the Lackawanna County Prison, the Pennsylvania Supreme Court ruled Thursday in a reaffirmation of the state's Shield Law." And today in The Philadelphia Inquirer, Emilie Lounsberry reports that "Pa. high court upholds reporters' 'shield law.'" Wednesday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion. "Justice Alito Changes Mind, Gets Out of the Pool": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 04:35 PM by Howard Bashman "Philip P. Simon, of Indiana, to be United States Circuit Judge for the Seventh Circuit, vice Kenneth F. Ripple, retired": The White House announced this nomination today. In early news coverage, The Indianapolis Star provides a news update headlined "Indiana judge nominated for appeals court." "State Court Says City Can't Enact Local Gun Laws": The Philadelphia Daily News provides an update that begins, "The state Commonwealth Court today struck down one City Council effort to enact local gun laws." You can access today's ruling of the Commonwealth Court of Pennsylvania at this link. "The Case of the Gonzales Notes: The Justice Department is investigating whether former Attorney General Alberto Gonzales created a set of fictitious notes so that President Bush would have a rationale for reauthorizing his warrantless eavesdropping program." Murray Waas has this article online today at the web site of The Atlantic magazine. Posted at 12:32 PM by Howard Bashman "County abortion regulations scrutinized in Indiana; Rules present new obstacle for providers": This front page article appears today in USA Today. And elsewhere, The San Diego Union-Tribune reports today that "Third abortion initiative given chance of passing." "Nacchio still in jeopardy; Experts say it's likely that the ex-Qwest CEO's conviction will be affirmed": The Denver Post contains this article today. The Rocky Mountain News reports today that "Experts expect Nacchio guilty verdict to stand; Judges more hostile to ex-Qwest CEO's attorney." In addition, Scott Robinson has an essay entitled "Nacchio appeal likely to be decided by filings, not oral argument." And The New York Times reports that "Court Considers New Trial for Former Chief of Qwest." "Ministers to Defy I.R.S. by Endorsing Candidates": This article appears today in The New York Times. And The Christian Science Monitor today contains an article headlined "Pulpit politics: Pastors to defy IRS; Some plan to endorse a candidate Sunday, challenging federal rules that limit partisan activity by tax-exempt groups." "State high court to hear red-light fines case": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:25 AM by Howard Bashman "A Second Justice Opts Out of a Longtime Custom: The 'Cert. Pool.'" Today in The New York Times, Adam Liptak has an article that begins, "Justice Samuel A. Alito Jr. is getting out of the pool." Posted at 09:18 AM by Howard Bashman "SJC upholds son's murder conviction": The Boston Globe today contains an article that begins, "The Supreme Judicial Court yesterday upheld the first-degree murder conviction of George J. Nardi for killing his mother, Dianne Barchard, whose decomposed body was found in the apartment they shared in Bridgewater in December 2002. The unanimous court rejected Nardi's claim that he lost his constitutional right to confront his accusers because the medical examiner who autopsied his mother's body did not testify at his trial in Plymouth Superior Court." And The Enterprise of Brockton, Massachusetts reports that "Conviction upheld for man who killed mom, lived with body for 15 days." You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Mother can pursue lawsuit over harvest of son's brain; County, medical company sued": This article appears today in The Seattle Post-Intelligencer. You can access yesterday's ruling of the Washington State Supreme Court at this link. "Pipe bomb defendant admits he took part; Man pleads guilty in courthouse blast": Today's edition of The San Diego Union-Tribune contains an article that begins, "One of the three people accused in the detonation of a bomb at the federal courthouse in San Diego earlier this year pleaded guilty yesterday in Federal Court in Imperial County." Posted at 08:37 AM by Howard Bashman "Ex-Gitmo prosecutor seeks immunity for testimony; A war court prosecutor who had resigned sought a grant of prosecutorial immunity to testify at Guantanamo for a foot soldier accused of terrorism": Carol Rosenberg has this article today in The Miami Herald. And in other news, The Associated Press reports that "Gitmo prosecutors seek resentencing for detainee." "Nichols trial: 'It was red with blood'; Witnesses recall scenes of March 11, 2005, courthouse rampage in which sheriff's deputy was beaten, judge and court reporter shot." The Atlanta Journal-Constitution contains this article today. And yesterday's newspaper contained an article headlined "Deputy: Guard trusted suspect; 'There were just red flags all over the place,' former Fulton officer testifies about security breaches, defendant's behavior in the courtroom." "Clarence Thomas visits football team's practice": This newsbrief appears today in the University of Georgia's student newspaper, The Red and Black. And The Atlanta Journal-Constitution provides a news update headlined "Justice Clarence Thomas visits Georgia practice." Thursday, September 25, 2008 Grilled Nacchio's: The latest version of The Denver Post's news update is headlined "Appellate judges grill Nacchio's lawyer." The article reports that "[b]ased on the judges' questions, a pair of legal experts who heard the arguments predicted that the court will rule against Nacchio." "Ninth Circuit Hosts Law Clerk Orientation": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. Posted at 08:44 PM by Howard Bashman "Nacchio case goes to full court; Oral arguments take 40 minutes, decision to come in months ahead": The Rocky Mountain News provides this update. And The Denver Post provides a news update headlined "Court hears Nacchio appeal of conviction." "Pa. high court says newspaper can protect source": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court ruled that a newspaper reporter does not need to reveal the identity of a confidential source used in a story about a grand jury investigation into alleged prison brutality. The 4-1 decision dated Wednesday and released Thursday upholds a lower court ruling that sided with Jennifer Henn and her former employer, the Times-Tribune of Scranton." Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion. "When Judges Make Foreign Policy": Law Professor Noah Feldman will have this article in this upcoming Sunday's issue of The New York Times Magazine. The article begins, "Every generation gets the Constitution that it deserves. As the central preoccupations of an era make their way into the legal system, the Supreme Court eventually weighs in, and nine lawyers in robes become oracles of our national identity." Federal Circuit affirms decision granting judgment as a matter of law in favor of Microsoft after jury awarded $1.5 billion to Lucent Technologies for alleged infringement of patents for compressing digital audio files: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. In early coverage of today's ruling, Bloomberg News reports that "Microsoft Doesn't Have to Pay $1.5 Billion Claim, Court Says." And you can access an earlier industry publication report on the jury's verdict by clicking here. "W.Va. court accepts appeals in $400m DuPont case": The Associated Press provides a report that begins, "West Virginia's Supreme Court has agreed to a full review of appeals arising from a nearly $400 million judgment against DuPont." Posted at 11:55 AM by Howard Bashman "Anthrax Suspect E-Mailed Himself About Solving the Case": This article appears today in The Washington Post. The New York Times reports today that "Anthrax-Case Affidavits Add to Bizarre Portrait." And USA Today reports that "FBI investigation did not analyze anthrax from biodefense lab; Samples taken after Bruce Ivins covered 2001 contamination." "Court says Ivory Coast farmworkers in pesticide suit can't allege genocide; A federal appellate panel rules in a suit that claims nearly 700 people were made sterile by exposure to DBCP; The plaintiffs are Shell Oil, Dow Chemical, Dole and O.C.-based Amvac Chemical": Carol J. Williams has this article today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Ivory Coast workers can't sue firms in U.S." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Philip Morris sues S.F. over tobacco sales ban": The San Francisco Chronicle today contains an article that begins, "Philip Morris USA, the nation's largest tobacco company, filed suit in federal court Wednesday, arguing the city of San Francisco has unconstitutionally banned pharmacies from selling tobacco products. It is the second company to sue the city over the new ban, due to take effect Oct. 1; Walgreens filed suit earlier this month in Superior Court. Philip Morris is arguing that it has a First Amendment right of free expression to sell its products." Posted at 09:50 AM by Howard Bashman "No on Prop. 4: Proposition 4 isn't really about parental notification; it's an attack on the right to an abortion." This editorial appears today in The Los Angeles Times. Posted at 09:48 AM by Howard Bashman "Pastors plan to defy IRS ban on political speech; Ministers will intentionally violate ban on campaigning by nonprofits in hopes of generating a test case": The Los Angeles Times contains this article today. Posted at 09:47 AM by Howard Bashman "Orange County expert on federal prisons spoke from experience; Howard O. Kieffer, founder of Federal Defense Associates in Santa Ana, was incarcerated from 1989 to 1993; Now he is accused of submitting a false document to practice law in North Dakota": This article appears today in The Los Angeles Times. And this past Sunday, The Duluth News Tribune published an article headlined "The strange journey of Howard Kieffer" and an editorial entitled "Let's get authorities on the same page." "What you need to know about Nacchio appeal": The Rocky Mountain News provides this preview of today's en banc oral argument before the U.S. Court of Appeals for the Tenth Circuit. Edwin Kneedler will argue the case for the federal government, while Maureen Mahoney will argue the case for Nacchio. And The Associated Press reports that "Appeals court reviews ruling on former Qwest CEO." "Lawmaker Asks Court To Dismiss Charges": Today in The Washington Post, Jerry Markon has an article that begins, "Nearly all of the corruption charges against U.S. Rep. William J. Jefferson should be dismissed because prosecutors improperly presented evidence of his legislative activities to a grand jury, attorneys for the Louisiana Democrat told a federal appeals court Wednesday." And today in The Times-Picayune of New Orleans, Bruce Alpert reports that "Jefferson appeal moves before panel of judges; 'Speech and Debate' cited by attorneys." "Supreme Court 2.0: From term limits to circuit riding to cameras in the courtroom, rethinking, reforming and re-engineering the top bench." Richard Brust will have this article in the October 2008 issue of ABA Journal magazine. Posted at 09:07 AM by Howard Bashman "Judge declines to recuse himself from a 9/11 trial; A Marine Corps judge declined to recuse himself from a 9/11 mass murder trial despite arguments from an alleged al Qaeda kingpin that Guantanamo military commissions are an 'inquisition.'" Carol Rosenberg has this article today in The Miami Herald. Posted at 08:54 AM by Howard Bashman "Guantanamo Prosecutor Is Quitting in Dispute Over a Case": This article appears today in The New York Times. The Washington Post reports today that "Guantanamo Prosecutor Quits, Says Evidence Was Withheld." Carol Rosenberg of The Miami Herald reports that "Army prosecutor quits Gitmo war court case; In the latest Guantanamo war court tempest, a reserve prosecutor leaves service early in a dispute over whether to settle a terror case." The Los Angeles Times reports that "Guantanamo prosecutor quits amid controversy; The Army reservist was concerned about a lack of due process for war crimes defendant, two defense attorneys say; A tribunal official denies their claims." And The Associated Press reports that "Guantanamo prosecutor quits over detainee case." "Ruling in Qualcomm-Broadcom Fight Brings Back Opinion Letters for Patent Cases": law.com provides this report. The Associated Press reports that "Appeals court sides with Broadcom in patent case." And at the "Patently-O" blog, Dennis Crouch has this related post. My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Bush Aides Linked to Talks on Interrogations": The New York Times today contains an article that begins, "Senior White House officials played a central role in deliberations in the spring of 2002 about whether the Central Intelligence Agency could legally use harsh interrogation techniques while questioning an operative of Al Qaeda, Abu Zubaydah, according to newly released documents." And The Washington Post reports today that "Top Officials Knew in 2002 of Harsh Interrogations." "The Judge Says: Don't Get Pregnant; A Lapsed Law Now Sees New Life." Dan Slater has this article today in The Wall Street Journal. Posted at 08:24 AM by Howard Bashman Wednesday, September 24, 2008 "2 Phila.-Based Law Firms Join Probe of 9th Circuit Chief Judge": This post appears at the ABA Journal's "Law News Now" blog. Posted at 05:54 PM by Howard Bashman "Court: Man who sodomized sheep isn't sex offender." The Detroit Free Press provides a news update that begins, "A Calhoun County man convicted of having sex with a sheep will not have to register as a sex offender once he is released from prison, the Michigan Court of Appeals has ruled." The Detroit News provides an update headlined "Man who had sex with sheep won't appear on sex offender registry, court rules." And The Associated Press provides a report headlined "Court: Man involved with sheep not a sex offender." You can access yesterday's ruling of the Court of Appeals of Michigan at this link. "Final brief on Kennedy v. Louisiana": Lyle Denniston has this post this afternoon at "SCOTUSblog." You can access the supplemental brief that the State of Louisiana filed today by clicking here. Posted at 03:04 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "US court: Monitoring Muslims was constitutional" (access today's Second Circuit ruling at this link); "Court mulls if Jefferson indictment is tainted"; and "W. Va. Supreme Court hears DuPont's appeal pitch." Posted at 03:00 PM by Howard Bashman "Broadcom wins upheld injunction against Qualcomm": Reuters provides this early report about a decision that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 11:54 AM by Howard Bashman "Appeals Court Rules Bucs Can Resume Fan Pat-Downs": Today's edition of The Tampa Tribune contains an article that begins, "Fans attending a Tampa Bay Buccaneers game at Raymond James Stadium could have to undergo pat-down searches in less than three weeks. For almost three years, the stadium has been the only one in the NFL where fans aren't subjected to the searches. But on Monday, the 11th Circuit U.S. Court of Appeals overruled one of its judges who last week upheld an injunction delaying the searches." And The Associated Press provides a report headlined "Judge: Bucs can resume pat-downs at stadium." "Ex-Creek Co. judge loses law license over sex crimes": The Oklahoman today contains an article that begins, "The Oklahoma Supreme Court on Tuesday disbarred former Creek County District Judge Donald Thompson, saying Thompson's repeated use of a sex device in the courtroom brought shame on the judiciary and the legal profession." And The Tulsa World reports today that "Former Creek County judge disbarred; The state Supreme Court calls Donald Thompson's behavior 'unacceptable.'" My earlier coverage of yesterday's Supreme Court of Oklahoma ruling can be accessed here. "Nacchio's next battle begins Thursday": Today's edition of The Denver Post contains an article that begins, "Joe Nacchio's insider-trading case will take center stage again at a federal court in Denver, this time as the focus of a rare full-court appellate review. Nine of the 12 active judges on the 10th U.S. Circuit Court of Appeals (three have been recused) will hear oral arguments Thursday to decide whether the former Qwest chief executive's insider-trading conviction should be affirmed or overturned." Posted at 08:54 AM by Howard Bashman "With 2 Hours to Spare, Justices Stay Execution": The New York Times contains this article today. And The Atlanta Journal-Constitution reports today that "Court stops Davis' death." "California voters face another measure requiring consent for minors' abortions; After failing in 2006 and 2005, backers have adjusted this year's ballot item, Proposition 4, to address concerns; But foes say it still could endanger girls": This article appears today in The Los Angeles Times. The newspaper also contains an editorial entitled "Family planning run amok: A federal push to let healthcare workers refuse services is really an assault on reproductive rights." "Feds give customs agents free hand to seize travelers' documents": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:45 AM by Howard Bashman "A gay father finds victory in his family; After seven years, a foster dad has fulfilled a 12-year-old boy's dream to have a real father, as a judge rules against Florida's ban on gay adoptions": The Miami Herald contains this article today. The newspaper has posted the ruling, which issued late last month, at this link. "Nichols seemed sane to witness; Ex-prosecutor says defendant appeared far from delusional and was constantly alert and scheming": This article appears today in The Atlanta Journal-Constitution. Posted at 08:36 AM by Howard Bashman "Terror suspect asks judge about his faith; At Guantanamo's war court, an alleged arch-terrorist questioned his Marine Corps judge and learned he is a Christian, not a Jew": Carol Rosenberg has this article today in The Miami Herald. The Washington Post reports today that "9/11 Defendant Queries Judge on Beliefs; Accused Mastermind Tries to Prove Bias." And The Los Angeles Times reports that "Sept. 11 plotter turns tables on military judge; Khalid Shaikh Mohammed, the self-described mastermind of the suicide hijackings, spends more than an hour questioning the competency of the Marine colonel presiding over trial." Kate Coscarelli of The Newark (N.J.) Star-Ledger is reporting: In today's newspaper, she has articles headlined "High court case centers on use of inflatable rat" and "Top court hears man's plea to get firearms ID card back; He forfeited it and guns due to restraining order that later was lifted." And in yesterday's newspaper she had articles headlined "Court considers rule changes for police searches of autos" and "Court: No badmouthing rivals on the boardwalk; Shouted accusations aren't protected speech" (access Monday's ruling of the Supreme Court of New Jersey at this link). "Critics of Anthrax Inquiry Seek an Independent Review": This article appears today in The New York Times. Posted at 08:14 AM by Howard Bashman "Reversal sought in ruling that could set Seale free": Today in The Clarion-Ledger of Jackson, Mississippi, Jerry Mitchell has an article that begins, "Justice Department prosecutors said Tuesday that a federal appeals court should reconsider a ruling that could free a reputed Klansman serving three life sentences in the 1964 abductions and killings of two African-American teenagers.." Posted at 08:11 AM by Howard Bashman He will be buried with his shoes on: The New York Times today contains an obituary headlined "Barefoot Sanders Dies; Dallas Judge Was 83." According to the obituary, he was "crowned Freckle King at the Texas State Centennial Celebration at age 11 in 1936." The obituary also traces the origin of the "Barefoot" name. Posted at 08:05 AM by Howard Bashman "At the Stadium, Possession Is Some Tenths of the Law": The New York Times today contains an article that begins, "Yankees catcher Jose Molina hit the last home run at Yankee Stadium. That is not in dispute. Who should have pocketed the ball seems to be." And in related coverage, The Casper (Wyo.) Star-Tribune today contains an article headlined "Dream catch." "First-of-its-kind torture trial to start in Miami; The trial of Charles 'Chuckie' Taylor Jr. marks the first U.S. prosecution of torture committed in a foreign country": Jay Weaver has this article today in The Miami Herald. Posted at 07:42 AM by Howard Bashman "2nd Circuit Upholds Release of Photos in Army Probe of Detainee Abuse": law.com provides this report. And The New York Sun reported yesterday that "ACLU Says Military Prison Photos Confirm Widespread Abuse." "In the New Term, High Stakes for the High Court": Marcia Coyle of The National Law Journal provides this report. Posted at 07:34 AM by Howard Bashman Tuesday, September 23, 2008 "Rosenberg Sons Say Father Was Guilty, Mother Was Framed": The Washington Post contains this article today. Posted at 11:22 PM by Howard Bashman "Study Finds Major Shift in Abortion Demographics": This article appears today in The Washington Post. And The Los Angeles Times reports today that "Abortion rate is down, but report cites racial disparity; The decline has been far more dramatic for whites than for blacks and Latinas." "Okla. judge who used sex device in court disbarred": The Associated Press provides a report that begins, "The Oklahoma Supreme Court on Tuesday disbarred a former judge who served prison time for using a sexual device while presiding over trials." And The Oklahoman provides a news update headlined "Former judge Donald Thompson disbarred." You can access today's ruling of the Supreme Court of Oklahoma at this link. "Broadened Customs Powers Could Fuel Congressional Bill": Josh Gerstein of The New York Sun has a news update that begins, "Without public debate, the federal government recently revoked a two-decade-old policy that limited the ability of customs agents to read and copy documents travelers bring into and out of America, according to newly released memoranda from the Department of Homeland Security." Posted at 10:35 PM by Howard Bashman "Wine Lovers See Red Over State Laws That Restrict Home Delivery of Bottles": This article will appear Wednesday in The Wall Street Journal. The article explains that these laws persist despite "a landmark 2005 Supreme Court ruling that struck down as discriminatory state laws that permit in-state wineries to ship to local consumers while denying the same right to out-of-state wineries." Posted at 10:33 PM by Howard Bashman "The Upcoming Supreme Court Case of Wyeth v. Levine and the Preemption Temptation": Anthony J. Sebok and Benjamin C. Zipursky have this essay -- the first in a two-part series -- online at FindLaw. Posted at 10:20 PM by Howard Bashman "Prosecutor in Nichols' rape case takes stand; Abramson Csehy recounts her fear from defendants' courthouse rampage": The Atlanta Journal-Constitution provides this news update. That newspaper's print edition today contains an article headlined "Taped shooting played for Nichols jury; Two shots, screams heard; Prosecution, defense make opening statements; replaced juror required to show up." Today's issue of the Fulton County Daily Report contains an article headlined "Courthouse Shooting Case Opens With Audiotape of Gunshots; Jurors hear slain court reporter's taping of fatal attack; lead defense attorney focuses on accused shooter's state of mind." The New York Times reports that "Trial Opens in Courthouse Killings." And The Los Angeles Times reports that "Atlanta courthouse rampage trial begins; Prosecutors are seeking the death penalty for Brian Nichols, an escapee who killed 4 before taking a woman hostage in her home; The 2005 case has been plagued with delays and high costs." "Amendment 48 Is Anti-Life: Why It Matters That a Fertilized Egg Is Not a Person." The Coalition for Secular Government has posted online this essay by Ari Armstrong and Diana Hsieh. Posted at 05:25 PM by Howard Bashman "Two Decades in Solitary": Today's edition of The New York Times contains an article that begins, "He is one of New York's most isolated prisoners, spending 23 hours a day for the past two decades in a 9-by-6-foot cell." Posted at 05:24 PM by Howard Bashman "For gay father, adoption ruling is 'a defining moment'; After seven years, a Key West foster dad fulfilled a 12-year-old boy's greatest dream: to have a real father; In doing so, he may help smash a controversial Florida law." The Miami Herald provides this news update. The newspaper has posted the ruling, which issued late last month, at this link. "Appeals court rejects adoption by lesbian couple; Ky. ruling chides judge in 'stepparent-like' case": This article appeared one week ago today in The Louisville Courier-Journal. The very next day, that newspaper contained an editorial entitled "Homophobia's victims." You can access the recent ruling of the Kentucky Court of Appeals at this link. "Bin Laden's driver still a test case of sorts; Even as the Pentagon resumes pre-trial hearings in the 9/11 case, the military is still dogged by what to do with its lone war court convict": Carol Rosenberg has this article today in The Miami Herald. In addition, she has a news update headlined "KSM questions Marine judge at Guantanamo war court; At Guantanamo's war court, an alleged arch-terrorist questioned his Marine Corps judge and learned he is a Christian, not a Jew." In other coverage, The Los Angeles Times reports today that "Guantanamo judge enlists help of Sept. 11 suspects; Khalid Shaikh Mohammed and three codefendants write letters that reportedly persuade Ramzi Binalshibh to leave his cell and appear in court so the terrorism trial of the five men can proceed." And The Washington Post reports that "Judge Lets 9/11 Defendants Urge Detainee to Appear." The Associated Press is reporting: Now available online are articles headlined "Feds ask rehearing of reputed Klansman's acquittal"; "Mass. court reinstates lawsuit against Wal-Mart" (access today's ruling of the Supreme Judicial Court of Massachusetts at this link); and "Federal court hears appeal on W.Va. valley fills." Posted at 04:58 PM by Howard Bashman "The question posed by this appeal is whether, under a statute forbidding the carrying and use of guns in connection with a federal crime, the nature of the weapon is to be found by the judge as a sentencing matter or by the jury as an element of the crime." So begins a decision that the U.S. Court of Appeals for the First Circuit issued today. The very next sentence of the opinion explains, "Most circuits have said the former; believing ourselves largely constrained by a Supreme Court decision interpreting a prior version of the statute, we reach the opposite result, albeit with some misgivings." "Appeals court enters debate over who owns Snowball the deer": The Oregonian provides this news update. Posted at 04:33 PM by Howard Bashman Ninth Circuit rejects the State of Alaska's challenge to a moose-related decision of the Federal Subsistence Board: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. You can learn more about the Federal Subsistence Board and the Federal Subsistence Management Program by clicking on those links. "Interview with Bloomberg News Supreme Court Reporter Greg Stohr": If you missed this past Saturday's broadcast of C-SPAN's "America and the Courts" program, you can view it online, on-demand by clicking here (RealPlayer required). According to C-SPAN's online summary, "C-SPAN sits down with Bloomberg News Supreme Court Reporter Greg Stohr to discuss the impact the next president could have on the Supreme Court. He also examines the candidates' judicial philosophies, their views on the Supreme Court & the federal judiciary and their views on issues such as abortion, same-sex marriage and executive power." Posted at 03:25 PM by Howard Bashman Looking for a law review article that really speaks to you? "FlaLaw Online" yesterday posted a report headlined "Florida Law Review Breaks Ground With Multimedia Article." The report begins, "For the first time in history, the Florida Law Review has published a multimedia article. The article, Constitutional Advocacy Explains Constitutional Outcomes, was written by Stephen. A. Higginson, an associate professor at Loyola University New Orleans. Higginson included 178 links to audio recordings of oral arguments in front of the Supreme Court." You can access the law review article in question, along with related audio, via this link. "En Banc Federal Circuit Revives Design Patent Law": Dennis Crouch has this post at "Patently-O" reporting on yesterday's unanimous, en banc ruling of the U.S. Court of Appeals for the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc. Posted at 03:15 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Gitmo judge enlists help from 9/11 mastermind"; "Pa.'s record on juvenile lifers put under scrutiny"; and "Ex-Pa. lawmaker takes sex-offender fight to court." Posted at 03:02 PM by Howard Bashman Song that I heard on the radio yesterday and can't get out of my head today: "Hurt," performed by Johnny Cash. And don't overlook the original, performed by Trent Reznor of Nine Inch Nails. (Lest we be accused of having too narrow of an editorial focus.) Update: Reznor discussed Cash's version of the song in this interview posted online at Rollingstone.com. "Judge won't drop LA obscenity case after mistrial": The Associated Press provides a report that begins, "A federal judge has refused to dismiss obscenity charges against an adult film producer after a scandal with the trial judge this summer forced a mistrial. As opening statements were under way at Ira Isaacs' trial in June, the Los Angeles Times reported that Judge Alex Kozinski had posted sexually explicit materials on his personal Web site. He recused himself and declared a mistrial. U.S. District Court Judge George King ruled Friday that Kozinski properly recused himself and double jeopardy is not an issue if Isaacs is tried a second time. Isaacs' lawyer, Roger Jon Diamond, said he will appeal King's ruling." I have posted at this link a copy of last Friday's ruling of the U.S. District Court for the Central District of California denying a mistrial. One might presume that if the defendant takes an immediate appeal to the Ninth Circuit, as he is allowed to do, that the case would be heard by appellate judges from outside of the Ninth Circuit sitting by designation. Monday, September 22, 2008 "Vote 'no' on Amendment 48": The Denver Post today contains an editorial that begins, "Colorado voters should reject a proposed amendment to the state constitution that would define a fertilized human egg as a human being. Such a change would usher in a host of legal problems, contradict U.S. Supreme Court decisions on the meaning of the 14th Amendment to the U.S. Constitution, and undoubtedly be rejected by the courts." Posted at 08:05 PM by Howard Bashman "Law firm follows founder's path; William Lamb pursued his vision in Chester County, success on own scale": This article appeared yesterday in The Philadelphia Inquirer. Posted at 04:24 PM by Howard Bashman "Nichols trial loses juror on Day 1; Opening statements come 3 1/2 years after courthouse shootings": The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "Ga. courthouse shooting trial opens, security high." "Court: US govt can't block detainee photos release." The Associated Press provides a report that begins, "An appeals court says the federal government must release 20 photographs of U.S. soldiers and detainees in Iraq and Afghanistan that were demanded by a civil rights group seeking to expose abuse. The federal appeals court in New York on Monday rejected the government's claim that releasing the photos would endanger the lives or physical safety of U.S. troops and civilians in Iraq and Afghanistan." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "History on the side of accused judge; Only 7 have been removed from office": Richard Rainey had this article yesterday in The Times-Picayune of New Orleans. Also in yesterday's newspaper, Drew Broach had an essay entitled "A rank odor in the judge's chambers." "Nichols case has system in bind; Twists, turns and lawsuits cause expenses to mount and give fuel to political fights over funding for indigent defendants": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "The destruction caused by the Brian Nichols case has gone beyond the four people he killed and beyond the five he carjacked. It's also gone beyond the people he assaulted in the hours between his unprecedented escape from the Fulton County Courthouse on a windy Friday morning and his surrender 26 hours later at a Duluth apartment complex. Those 26 hours three-and-a-half years ago may have been the death-knell of Georgia's then-newly created system to eliminate inequities in a hodgepodge of indigent defense systems." Posted at 08:15 AM by Howard Bashman "Dodd, Democrats Question Lack of Court Access in Rescue Plan": Greg Stohr of Bloomberg News provides this report. Posted at 08:11 AM by Howard Bashman "State suit puts Abbott system in the balance": The Newark (N.J.) Star-Ledger today contains an article that begins, "The names atop New Jersey Supreme Court Docket No. 42170 have become synonymous with the controversial debate over the funding of public education that has raged in New Jersey for 30 years." Posted at 08:10 AM by Howard Bashman "Fair trial at issue in Nacchio appeal; 9-judge panel to hear arguments over key witness": Saturday's issue of The Rocky Mountain News contained this article. And The Wall Street Journal reports today that "Nacchio Conviction Gets Second Review" (access full text via Google News). "Ginsburg Speaks on Women in Law; Justice fields questions on fifty-fifth anniversary of female enrollment at HLS": This article appears today in The Harvard Crimson. You can learn more about the event by clicking here. Posted at 07:54 AM by Howard Bashman "Victorious Senate Democrats Could Target Eminent Domain": Today's edition of The New York Sun contains an article that begins, "A Democratic takeover of the Senate in November could result in changes to the state's eminent domain law, possibly complicating several of the city's largest development projects." Posted at 07:45 AM by Howard Bashman "Senate Hearing on Judge Nominees Collapses in Disarray Over DOJ 'Torture' Memos": Pamela A. MacLean of The National Law Journal provides this report. Posted at 07:44 AM by Howard Bashman "Rich Bitch: Should pets be allowed to inherit millions?" Jeffrey Toobin has this "Annals of Law" essay in the September 29, 2008 issue of The New Yorker. Posted at 07:40 AM by Howard Bashman  
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