Thursday, August 16, 2007
Available online from law.com: The transcript of a recent event moderated by Tony Mauro appears under the headline "Reading the Roberts Court: Four advocates discuss the Court's first full term under Roberts and the emergence of Kennedy."
In other news, "Federal Indictment Looms Over Pa. Superior Court Judge's Retention Race." My most recent earlier coverage appears at this link.
Pamela A. MacLean reports that "7th Circuit Breaks With Six Circuits Over Waiver of Appeal." My earlier coverage of last month's Seventh Circuit ruling appears at this link.
And an article reports that "Fla. Legal Elite Hope to Get Judges a Little Respect; Group wants to bring judges back in public's good graces after embarrassing blunders and judicial abuse and misconduct."
"Staff: Judge slept on job; Hearing transcripts reveal allegations against Halverson." This article appears today in The Las Vegas Review-Journal.
The U.S. Supreme Court has issued a "Memorandum to Counsel" about the forthcoming revisions to that Court's rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court's own web site.
Posted at 10:30 PM by Howard Bashman
"Documents Detail Ashcroft-Gonzales Confrontation; Mueller's Notes Chronicle Legal Dispute Over Wiretapping Program": The Washington Post provides this news update.
And The New York Times provides a news update headlined "Notes Detail Visit to Ashcroft's Hospital Room."
"Padilla found guilty in terror trial": Jay Weaver of The Miami Herald provides this news update.
The New York Times provides a news update headlined "Jose Padilla Convicted on All Counts in Terror Trial."
Jose Padilla and co-defendants have been convicted on all counts: So reports CNN. Sentencing is scheduled to occur on December 5, 2007.
In early online coverage, The Associated Press reports that "Padilla Is Convicted in Terrorism Case."
And CNN.com reports that "Jury finds Padilla guilty on terror charges."
Update: Attorney David Oscar Markus was in the courtroom when the verdicts were read, and you can access his live-blogging of the court proceeding at the "Southern District of Florida Blog."
Ninth Circuit examines the confrontation clause implications of deporting a key witness for the prosecution who then refuses to return for the defendant's retrial: You can access today's ruling at this link. Shortly after oral argument on appeal, the Ninth Circuit panel issued this order seeking supplemental briefing, including amicus briefs, on the questions presented in the case.
Posted at 01:34 PM by Howard Bashman
"[N]one of the costs listed as taxable under Rule 39(e) are recoverable in an affirmed-in-part/reversed-in-part case unless the appellate court so indicates." This ruling that the U.S. Court of Appeals for the Eighth Circuit issued today discusses the proper application of Federal Rule of Appellate Procedure 39(e).
Posted at 01:17 PM by Howard Bashman
"Pa. Judge Accused of Bilking Insurers": The Associated Press provides a report that begins, "An appeals court judge was indicted on charges of scamming $440,000 from insurers by claiming he suffered debilitating injuries in a car crash, even while he golfed, skated and went scuba diving, federal prosecutors said." The AP also reports that "Indicted judge to continue campaign for retention."
The Erie (Pa.) Times-News reports today that "Feds indict judge; House, plane, motorcycle were ill-gotten gains, charges say."
WSEE-TV provides this video report (Windows Media Player required). And GoErie.com provides this audio (Windows Media Player required) of yesterday's statement by the U.S. Attorney for the Western District of Pennsylvania.
"Verdict Reached in Padilla Terror Case": The Associated Press provides a report that begins, "A verdict was reached Thursday in the trial of Jose Padilla and two co-defendants charged with supporting al-Qaida and other violent Islamic extremist groups overseas. The jury verdict was scheduled to be read at 2 p.m. EDT before U.S. District Judge Marcia Cooke in Miami's downtown federal courthouse, according to an announcement from her chambers."
Posted at 12:50 PM by Howard Bashman
Access online the audio of yesterday's Ninth Circuit oral arguments in the NSA surveillance cases argued under the caption Hepting v. AT&T Corp. You can download the audio file via this link (13.9MB Windows Media audio file).
Posted at 10:10 AM by Howard Bashman
"Secrecy Lawsuits Tricky to Prosecute": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman
"Don't rush to execution: California must reject the U.S. attorney general's effort to bend death penalty rules." Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times.
Posted at 09:00 AM by Howard Bashman
"Judges asked to dismiss wiretap suits; AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal": Henry Weinstein has this article today in The Los Angeles Times.
Today in The San Francisco Chronicle, Bob Egelko reports that "Classified evidence debated; Court likely to allow suit against AT&T, reject wiretap case."
The Washington Post reports that "Judges Skeptical of State-Secrets Claim."
And in The San Jose Mercury News, Howard Mintz reports that "Judges signal White House will have to defend spying."
"Celeb does the time, leaking photo may be a crime": The Los Angeles Times today contains an article that begins, "Amid concern over the frenzy of entertainment blogs and tabloids competing for inside information on Paris Hilton's days in jail and Mel Gibson's tirade during a drunk-driving arrest, state lawmakers have taken steps to clamp down on some forms of checkbook journalism. A bill wending its way through the Legislature would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody."
Posted at 08:40 AM by Howard Bashman
The Washington Times is reporting: Today's newspaper contains articles headlined "Group fights lesbian 'divorce'" and "In imams' suit, status of 'John Does' in dispute."
Posted at 08:27 AM by Howard Bashman
The Hartford Courant is reporting: Today's newspaper reports that "State Appeals Ruling That Allows Inmates Free Copies; FOI Commission Voided Policy On Documents."
And yesterday's newspaper contained an article headlined "Remarks From The Past Revisited; Nominee Lauded Strom Thurmond" that begins, "State Appellate Court nominee John R. Downey's praise of longtime segregationist Sen. Strom Thurmond as a 'great American' four years ago has now surfaced as an issue in his legislative confirmation."
"Court Ruling Backs City On Suing Gun Stores": The New York Sun today contains an article that begins, "In a decision that could prompt large cities around the country to pursue legal action against out-of-state gun dealers, a federal judge in Brooklyn yesterday wrote that he has jurisdiction to rule on a lawsuit brought by New York City against out-of-state stores that sold guns used by criminals in the city."
And The Atlanta Journal-Constitution today contains an article headlined "Judge: NYC can sue Georgia gun sellers."
You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link.
"Bush Sides With Business Over Lawsuits": The Wall Street Journal today contains an article that begins, "The Bush administration formally weighed in on the side of business in a closely watched Supreme Court case, finalizing the battle lines in a case that has big implications for Wall Street. The administration's position is largely at odds with the Securities and Exchange Commission, which earlier this year took the side of the shareholder plaintiffs. The case centers on whether shareholders can sue to hold third parties accountable for their company's fraud. The case has been the subject of intense lobbying from lawmakers, former SEC officials, Wall Street and the plaintiffs bar. At stake is the scope of securities class-action litigation, which could be significantly widened if the suing shareholders prevail."
"Gonzales is tough on crime? Hardly. His strong-arm tactics actually have worked to defendants' advantage." Law Professor Jonathan Turley has this op-ed today in USA Today.
Posted at 07:48 AM by Howard Bashman
"Can This Pig Fly? How A Dentist Assaulted A Patient And Made A Million Dollars." Adam Scales has this essay -- the second in a two-part series -- today at FindLaw. You can access part one here.
Posted at 07:40 AM by Howard Bashman