Tuesday, May 6, 2008
"FBI comparing blasts for links": The San Diego Union-Tribune today contains an article that begins, "The pipe bomb that blasted through the front of the downtown federal courthouse early Sunday morning wasn't sophisticated, but it was built to kill and was powerful enough to hurl shrapnel two blocks."
Posted at 10:55 PM by Howard Bashman
"McCain Says He Would Put Conservatives on Supreme Court": This article will appear Wednesday in The Washington Post, along with an editorial entitled "Red Meat, Overdone: John McCain does the federal judiciary a disservice."
Posted at 10:45 PM by Howard Bashman
"Lynd is first person in U.S. executed since moratorium; Execution delayed for final checks with courts": The Atlanta Journal-Constitution provides this news update.
"'Pants Suit' Judge Suing for Job, $1M in Damages": The Associated Press provides a report that begins, "A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages."
Posted at 06:15 PM by Howard Bashman
"Pa. high court orders removal of Philly judge": The Associated Press provides a report that begins, "Pennsylvania's high court has removed a Philadelphia judge because she pleaded guilty to using a bogus Social Security number on credit-card applications 24 years ago."
"Kansas Supreme Court sends Tiller grand jury case back to Sedgwick County": The Wichita Eagle provides a news update that begins, "In a ruling that gave both sides of the abortion rights debate reason to celebrate, the Kansas Supreme Court outlined instructions for a Sedgwick County district judge to follow in determining whether more than 2,000 patient records should be produced by a Wichita abortion clinic. The state's high court unanimously ruled today that while a citizen petitioned grand jury is constitutional, it needs oversight from a trial judge. Kansas is one of only a handful of states that allow such a grand jury."
The Kansas City Star provides a news update headlined "Kansas high court upholds grand juries prompted by citizens."
And The Associated Press reports that "Court limits grand jury power in abortion case."
"This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available." So concludes a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today, affirming the dismissal of federal criminal indictments against three individuals because the federal prosecutors "egregiously failed to meet [their] constitutional obligations under Brady and Giglio."
Posted at 02:45 PM by Howard Bashman
"Ga. court denies execution stay to Lynd": The Associated Press provides a report that begins, "The Georgia Supreme Court on Tuesday denied William Earl Lynd's request for a stay of execution, paving the way for him to become the first inmate in the nation to face execution since the U.S. Supreme Court ruled that lethal injection is constitutional. Lynd is scheduled to die at 7 p.m. He was convicted of kidnapping and killing his live-in girlfriend, 26-year-old Ginger Moore, shooting her three times in the face and head nearly 20 years ago."
And The Atlanta Journal-Constitution provides a news update headlined "High court rejects appeal of man on death row; William Earl Lynd is scheduled to be executed Tuesday at 7 p.m."
"McCain's judicial creed: Stay out of it." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.
"Court voids inmate's death sentence; Judge Lance Ito was one of three prosecutors who failed to turn over confession in killing, state justices rule": This article appears today in The Los Angeles Times.
And Bob Egelko of The San Francisco Chronicle reports today that "Death sentence overturned for L.A. man."
"Man convicted in sex assault should be freed or retried, court rules; A federal appeals panel finds that a prosecution expert overstated the strength of DNA evidence; The man is serving a life sentence": The Los Angeles Times today contains an article that begins, "A Nevada man sentenced to life in prison for sexually assaulting a young girl should be freed or given a new trial because a prosecution expert exaggerated the strength of the DNA evidence against him, the U.S. 9th Circuit Court of Appeals ruled Monday. The ruling is thought to be one of the first of its kind in the country, experts said."
And The Reno Gazette-Journal reports today that "Appeals court tosses rape conviction, criticizes scientist's DNA testimony."
"Quiet Va. Wife Ended Interracial Marriage Ban": This obituary appears today on the front page of The Washington Post. In addition, Neely Tucker has written an "appreciation" headlined "Mildred Loving Followed Her Heart and Made History."
Today's edition of The New York Times contains an obituary headlined "Mildred Loving, Who Fought Marriage Ban, Dies."
The Richmond Times-Dispatch contains an obituary headlined "Wife in interracial marriage case dies; Mildred Loving, 68, helped abolish last piece of segregation."
And yesterday, The Free Lance-Star of Fredericksburg, Virginia published an obituary headlined "'Heroine' Mildred Loving dies at 68."
You can access the U.S. Supreme Court's ruling from June 12, 1967 in Loving v. Virginia via this link. And you can listen to the oral argument of the case by clicking here.
"McCain castigates Obama for voting against chief justice": The Associated Press provides a report that begins, "Republican John McCain castigated Democrat Barack Obama for voting against John Roberts as Supreme Court chief justice in a speech about the kind of judges McCain would nominate."
Sixth Circuit panel affirms the dismissal of attorney Geoffrey N. Fieger's vindictive prosecution action against Michigan Attorney General Michael Cox: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Coincidentally, Fieger is currently on trial in federal court on criminal charges of having made illegal monetary contributions to John Edwards' 2004 presidential campaign. In news coverage of that trial, The Detroit Free Press reports today that "Lawyer at Fieger's firm tells of FBI visit."
The Detroit News reports today that "Lawyer testifies of Fieger prep talk."
And last Saturday, The Detroit Free Press contained an article headlined "Lawyer for Fieger isn't taking static; Grumpy old man persona brings bit of humor to court" reporting on attorney Gerry Spence's defense of Fieger in the federal prosecution.
"Justice System For Detainees Is Moving At a Crawl; No Sept. 11 Trials Likely Before Bush Leaves Office, Officials Say": This front page article appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman
"In One Flaw, Questions on Validity of 46 Judges": Today in The New York Times, Adam Liptak has this installment of his "Sidebar" column.
Posted at 08:52 AM by Howard Bashman
"Justice O'Connor brings experience, wisdom to Boston; Invited to sit in during cases at US courthouse": This article appears today in The Boston Globe.
Today in The Providence Journal, Edward Fitzpatrick reports that "O'Connor hears R.I. land dispute."
On Monday, The Arizona Republic reported that "Justice's adobe home slated for preservation."
And Saturday's issue of The Minneapolis Star Tribune contained an article headlined "Ex-justice urges judges not to take the money if they run; Sandra Day O'Connor stresses the importance of a judiciary not shaped by donors with deep pockets."
"Justice Ginsburg visits Anchorage; Supreme Court jurist speaks at lawyers' convention": The Associated Press provides this report.
Posted at 08:45 AM by Howard Bashman
"About that word 'abridging' in the First Amendment ..." Ronald K.L. Collins has this essay online at the First Amendment Center.
Posted at 08:44 AM by Howard Bashman
"Turner v. Safley: high drama, enduring precedent." David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 08:40 AM by Howard Bashman
"A New York Appeals Court Allows Victims of the 1993 World Trade Center Bombing to Recover Massive Damages from the Port Authority: Should The Bombers' Culpability Have Lessened the Damages Award?" Anthony J. Sebok has this essay online today at FindLaw.
Posted at 08:30 AM by Howard Bashman
Available online from law.com: Tony Mauro has articles headlined "Judge Pay Hike May Be Running Out of Steam; Bill to raise salaries hitting snags in the Senate" and "David E. Kelley's 'Boston Legal' Takes On the Roberts Court."
In other news, "Morgan Lewis Adds Texas Solicitor General."
And in news from Pennsylvania, "Having Sex With Your Entree? Not So Fast, Says Court; Commonwealth Court of Pennsylvania rules against Club Kama Sutra in dispute with city of Philadelphia." You can access last Friday's ruling of the Commonwealth Court of Pennsylvania at this link.
"Central Texas man on death row maintains innocence as many believe his trial was unfair": Today's edition of The Dallas Morning News contains an article that begins, "Jurors sentenced Rodney Reed to death after DNA evidence showed he'd had sex with 19-year-old Stacy Stites, found strangled in the brush off a remote country road. But a decade since Mr. Reed, who is black, first proclaimed his innocence, the case that rocked the small Central Texas town of Bastrop remains on appeal -- amplified by an online movement to free Mr. Reed and continued scrutiny of Texas' use of the death penalty in racially charged cases."
Posted at 08:20 AM by Howard Bashman
"Execution date for teens' killer set for Aug. 5; Medellin's lawyer hopes to stop it, saying client didn't get to talk to consulate": This article appears today in The Houston Chronicle.
"Lethal injection still set tonight; Clemency denied, but lawyers for killer of girlfriend hope the state Supreme Court will grant a stay today": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Condemned killer William Earl Lynd was denied clemency Monday, setting him on course to be executed by lethal injection tonight. Unless granted a stay, Lynd will be the first inmate executed nationwide since September when the U.S. Supreme Court decided to hear a challenge to lethal injection procedures. Last month, the court upheld the constitutionality of lethal injection, ending a de facto moratorium on executions."
Posted at 08:14 AM by Howard Bashman
"Strip clubs ask Texas high court to stop fee collection": The Houston Chronicle today contains an article that begins, "An association representing strip clubs asked the Texas Supreme Court on Monday to stop the state from collecting a new fee that a trial court has ruled unconstitutional."
Posted at 08:10 AM by Howard Bashman