Tuesday, June 13, 2006
"Court bars immigration vote; Colo. justices keep initiative off ballot; services for illegal immigrants would be cut; Backers of the measure call the decision 'raw politics'; Critics say unintended consequences have been avoided": This article appears today in The Denver Post, along with an article headlined "Decision brings battle lines into focus; At least one lawmaker predicts a voter backlash, even as some celebrate the state justices' ruling." And a news update is headlined "Republicans call for special session."
Today's edition of The Rocky Mountain News contains articles headlined "'We're not giving up,' initiative activist says; State Supreme Court shoots down ballot proposal to deny services to illegal immigrants"; "Court said yes two years ago - but no this time"; and "Attorney likes 'swimming upstream'; Grueskin led legal effort to block ballot measure." And a news update is headlined "Governor threatens special session over initiative."
And The Los Angeles Times reports that "Court Kills Measure to Deny Immigrant Services in Colo.; The Colorado Supreme Court rules the initiative is too broad, violating the state Constitution."
Available online from law.com: Tony Mauro has an article headlined "Reassessing Rehnquist: He's been gone for almost a year; For some, the gloves are off."
And in news from Florida, "'Suspicious Box' Blown Up Near Courthouse May Have Contained Criminal Evidence."
"Arguments on Spy Program Are Heard by Federal Judge": Adam Liptak has this article today in The New York Times.
The Detroit News reports today that "Bush says no to spy defense; Talking would jeopardize security, feds say."
"Group asks top state court to reject affirmative action vote": This article appears today in The Detroit News.
Posted at 09:35 PM by Howard Bashman
"Virginia Appeals Court Reaffirms Age of Consent in Sodomy Case": The "Leonard Link" blog provides this post about a ruling that the Court of Appeals of Virginia issued today.
Posted at 09:30 PM by Howard Bashman
Miranda v. Arizona at 40: This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Miranda's Foundation, and Today's Rights" (RealPlayer required).
Posted at 09:14 PM by Howard Bashman
Tenth Circuit affirms judgment entered against an association of residential treatment programs for troubled and at-risk teenagers, which brought defamation claims against individuals who made negative remarks on various internet sites concerning that association: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:10 PM by Howard Bashman
"Man Named Suspect in Nev. Judge Shooting": The Associated Press provides this report, along with a report headlined "Reno police launch manhunt for fugitive."
And The Reno Gazette-Journal provides news updates headlined "Judge Weller 'in good spirits'"; "Reward offered for arrest of Darren Mack"; "Weller thanks Reno for support"; and "Judge Weller's family issues statement."
"Endangered Elitist Species: In defense of the Supreme Court law clerk." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 04:33 PM by Howard Bashman
"Defense Lawyers Shut Out by New Secrecy": The Associated Press provides this report.
Posted at 04:08 PM by Howard Bashman
"Slate's Jurisprudence: The Laws of Internet Dating." This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:48 PM by Howard Bashman
"This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, Judge William H. Pryor, Jr. today issued an opinion that begins:
This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech. The key issue is whether, under the overbreadth doctrine, CAMP may challenge, under the free speech clause of the First Amendment, provisions of the Festivals Ordinance that do not either apply to or affect its activities. We recently confronted this issue en banc in Tanner Advertising Co. v. Fayette County, but did not resolve it because all but one of the claims for relief in that appeal were rendered moot by a repeal of the challenged ordinance. We left this "issue for another day." That day has arrived.You can access my coverage of last Friday's en banc ruling in the Tanner Advertising case at this link.
Posted at 03:10 PM by Howard Bashman
"'Bullying' immigration judge absent, replaced": This article appeared earlier this month in The Philadelphia Inquirer.
And The Associated Press reported one week ago today that "Immigration judge off bench while broader U.S. review continues."
"Warrant issued for Mack in wife's death": The Reno Gazette-Journal provides a news update that begins, "Authorities said in a morning press conference that an arrest warrant has been issued for Darren Roy Mack in the death of his estranged wife, Charla Mack. He also is a suspect in Monday's shooting of Family Court Judge Chuck Weller, authorities said." The newspaper's web site also provides access to a criminal complaint and affidavit in that matter.
"Judge upholds 'In God we trust'; Atheist's challenge to the phrase's use on currency and as a national motto fails in federal court": Today's edition of The Sacramento Bee contains an article that begins, "A Sacramento federal judge on Monday tossed out atheist Michael Newdow's challenge to the phrase 'In God We Trust' as the national motto and its inscription on coins and currency."
You can access yesterday's ruling of the U.S. District Court for the Eastern District of California at this link.
The case will now presumably head on appeal to the U.S. Court of Appeals for the Ninth Circuit.
Update: The "Religion Clause" blog provides a post titled "Newdow Loses 'In God We Trust' Challenge; Pledge Case Still Pending."
"Legal Maneuver -- To Make a Point, An Army Officer Helps Iraqi Convict; Rule of Law Should Apply To All, Capt. Carter Says; Confessions Won by Cable; 'Grudge' of the 'Fat Woman'?" Today in The Wall Street Journal, Greg Jaffe has this front page article (pass-through link) that focuses on, among other things, my friend Phillip Carter, now serving as a U.S. Army Captain in Iraq. Phil's web log, "Intel Dump," can be accessed here.
Posted at 11:45 AM by Howard Bashman
"Federal judge dismisses pay raise lawsuit; Ruling says issue became moot with Legislature's repeal": This article appears today in The Pittsburgh Post-Gazette.
And The Harrisburg Patriot-News reports today that "Federal judge tosses pay-raise suit."
"Court Citing Blog": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 11:20 AM by Howard Bashman
"Flag debate may be superseded": The Deseret Morning News today contains an article that begins, "A coalition of conservative groups wants Senate Majority Leader Bill Frist to focus Senate floor debate on pending judicial nominations during time set aside later this month for Sen. Orrin Hatch's amendment on flag desecration."
And Bloomberg News reports that "Conservatives Urge Action on Judges, Not Flag Burning."
"Cannon tries to ban federal courts from hearing state porn cases": Last Wednesday, The Daily Herald of Provo, Utah published an article that begins, "Legislation filed Tuesday by a Utah congressman would remove cases involving state anti-pornography laws from the jurisdiction of all federal courts -- including the U.S. Supreme Court." You can view the text of H.R. 5528 at this link.
Posted at 11:10 AM by Howard Bashman
Trial begins in Oklahoma for former judge accused of using penis pump underneath his robe while on the bench hearing cases: The Associated Press reports that "Ex-Judge Likely to Testify in Case Accusing Him of Indecent Exposure." According to the article, "Thompson's longtime court clerk testified in his preliminary hearing that she saw the judge use a device called a 'penis pump' during several trials.... That case ended in a hung jury."
In other coverage, The Tulsa World reports today that "Jury pool quizzed on tolerance; Possible jurors in a former Creek County judge's trial are warned that testimony could be sexually explicit." And yesterday the newspaper contained an article headlined "Court date for ex-judge arrives; Donald Thompson will face a Creek County jury on charges of engaging in improper behavior while on the bench."
The Oklahoman reports today that "Jury pool questioned in former judge's trial." Last Thursday, the newspaper contained an article headlined "Former judge facing misdemeanor charge; Defense attorneys call the new allegations 'character assassination' by prosecutors." And last Wednesday, the newspaper's web site published a news update headlined "Thompson defense motion denied" that begins, "A former Creek County judge charged with masturbating in court also will be tried next week on a misdemeanor charge of placing pornographic photos of himself and a woman on his state-owned computer, a judge ruled Wednesday."
Last week, The Sapulpa (Okla.) Daily Herald reported that "Former judge’s trial ready to begin; Pretrial motions heard by judge in Bristow on Wednesday." And earlier this month, the newspaper reported that "Thompson trial date looming."
"Appeals Court Affirms 'Flashdance' Ruling": The Associated Press provides this report. My earlier coverage appears here.
Posted at 10:50 AM by Howard Bashman
Nina Totenberg is reporting: On today's broadcast of NPR's "Morning Edition," she had an audio segment entitled "Justices Open Door for Death Row Challenges."
"Divorce cases of big shots hidden on secret Broward docket; Court cases involving two Broward judges' divorces are among more than 100 cases hidden on a secret docket": This article appears today in The Miami Herald. The newspaper also has posted online this list (PDF document) of previously secret cases.
Posted at 08:45 AM by Howard Bashman
"Appeals court upholds Hinton conviction; Softball umpire got life for murder of Shannon Melendi": The Associated Press provides this report on a decision that the Supreme Court of Georgia issued yesterday. According to The AP, "The murder conviction was the first in Georgia where authorities could find neither a body nor a definitive crime scene." Court TV provided extensive coverage of the trial.
Posted at 08:44 AM by Howard Bashman
"State appeals court's gay marriage decision; Baker asks justices to restore ban": The Atlanta Journal-Constitution contains this article today.
Posted at 08:35 AM by Howard Bashman
"Judge Is Hurt in Shooting at a Court in Nevada": This article appears today in The New York Times.
The Reno Gazette-Journal today provides extensive coverage: "Police link judge shooting with homicide; suspect still missing"; "Violence a key topic when judges gather"; "Judge wants bulletproof windows; officials study tinted films, cite cost"; "Weller handled hundreds of cases involving divorce"; "Wedding party mistakes 'pop' for champagne cork"; "Potential violence surrounds family court cases, lawyers say"; "Downtown restaurant in middle of action"; and "Police continue search for shooting suspect."
The Las Vegas Review-Journal reports that "Judge shot in Reno; Pawn shop owner sought in sniper incident, separate slaying."
USA Today reports that "Reno judge shot by sniper; police search for pawnshop owner."
And NBC affiliate KRNV News 4 provides written reports headlined "The Shooting of Judge Weller"; "Murder Suspect Had Approached News 4 With Concerns"; "Washoe Med ER Locked Down as Weller Treated"; and "Timeline of Events in Judge Shooting."
"Bomb Suspect's Shirt Does the Talking": The Washington Post today contains an article that begins, "The Prince George's man charged with building a pipe bomb he allegedly wanted to use to attack a Greenbelt abortion clinic appeared in federal court yesterday wearing an antiabortion T-shirt."
"Prisoners Gain in Suit Attacking Lethal Injection": In today's edition of The New York Times, Linda Greenhouse has this article, along with an article headlined "Justices Grant Death Row Inmate a New Hearing in 1985 Tennessee Murder."
Today in The Washington Post, Charles Lane reports that "Justices Open Door For Injection Case; Inmate's Procedural Challenge Allowed." The newspaper also contains an editorial entitled "Widening the Gateway: The Supreme Court makes it a little bit easier for potentially innocent inmates to get their cases heard."
David G. Savage of The Los Angeles Times reports that "High Court Scrutinizing Capital Cases." The newspaper also contains an editorial entitled "Lifesaving evidence: Supreme Court is right to allow death row inmates to use DNA evidence."
In USA Today, Joan Biskupic reports that "High court rulings chip at death penalty; Focus on DNA evidence, lethal injection." And Annette Fuentes has an op-ed entitled "A 'right' way to kill someone? Supreme Court ruling skirts the issue of whether lethal injections are cruel and unusual punishment; But the case raises a much larger question."
The Baltimore Sun reports that "Death row appeals backed; Justices allow more challenges to lethal injection and new claims of innocence."
The Tennessean reports that "Justices' DNA ruling may affect Tennessee cases; Death row inmates can cite evidence for new hearings." And the newspaper contains an editorial entitled "Court renders justice in case of Paul House; Supreme Court says that DNA evidence could have changed jury's decision."
Patty Reinert of The Houston Chronicle reports that "Supreme Court sides with inmates on two death penalty issues; Rulings involve last-ditch appeals over injections, and DNA testing of old evidence."
The Austin American-Statesman reports that "High court opens door on lethal injection challenges; Decision could affect Texas appeals from condemned convicts."
Patti Waldmeir of Financial Times reports that "Rulings chip away at capital punishment."
The Miami Herald reports that "Inmates given a chance to dispute lethal injection; Ruling in a Florida case, the U.S. Supreme Court gave convicted killers on Death Row the chance to claim that lethal injection violates their civil rights."
The South Florida Sun-Sentinel reports that "Florida Death Row inmate wins right to challenge lethal injection."
The St. Petersburg Times reports that "Condemned can appeal injection; The U.S. Supreme Court sides with a Florida death row inmate, and experts say the ruling could further delay many executions."
The Pensacola News Journal reports that "Court OKs injections appeal; Ruling could change way state executes prisoners."
The Palm Beach Post reports that "Old law is new challenge in lethal injections case."
In The San Jose Mercury News, Howard Mintz reports that "Lethal injection challenge allowed; Justices approve legal avenue also used in S.J. case."
The Richmond Times-Dispatch reports that "Inmates can fight lethal injection; Supreme Court ruling means they can argue method's cruel, unusual."
The St. Louis Post-Dispatch reports that "Supreme Court rulings side with death row inmates."
And The Wilmington News Journal reports that "Justices open door to injection appeals; Inmates may claim punishment is cruel; Delaware method likely faces challenge."
"Conservative activists question Sen. Bill Frist's floor priorities": This article appears today in The Hill.
And USA Today reports today that "Flag-desecration amendment needs 1 more vote; Measure's chances unclear in Senate."
"Judges Press C.I.A. Lawyer Over Withheld Documents": The New York Times today contains an article that begins, "A federal appeals court panel in Manhattan questioned a lawyer for the federal government yesterday as to whether the Central Intelligence Agency had a legitimate national security interest in refusing to confirm or deny the existence of documents authorizing it to detain and interrogate terrorism suspects overseas."
Posted at 07:00 AM by Howard Bashman
"Sacramento judge dismisses Newdow's challenge to 'In God We Trust'": The Sacramento Bee provides this news update.
And The Associated Press reports that "Judge Rejects Atheist's Lawsuit."
You can access yesterday's ruling of the U.S. District Court for the Eastern District of California at this link.
"Rove Won't Be Charged in C.I.A. Leak Case": The New York Times provides a news update that begins, "The prosecutor in the C.I.A. leak case on Monday advised Karl Rove, the senior White House adviser, that he would not be charged with any wrongdoing, effectively ending the nearly three-year criminal investigation that had at times focused intensely on Mr. Rove."
Posted at 06:45 AM by Howard Bashman
Available online at law.com: Tony Mauro reports that "Supreme Court Allows Challenges to Lethal Injections."
Marcia Coyle reports that "High Court Reins In RICO; Anti-civil RICO forces get a win -- but it's not over."
And in other news, "11th Circuit Upholds Firing of Fla. Deputies Who Appeared in Online Porn." My earlier coverage appears at this link.