Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Insanity Defense Tested in Supreme Court” (featuring Nina Totenberg) and “On Stand, Skilling Accused of Covering Millions in Losses.”
And today’s broadcast of “Day to Day” contained segments entitled “Slate’s Jurisprudence: Moussaoui’s Insanity Defense” (featuring Dahlia Lithwick) and “Taking the Stand, Skilling Denies Accounting Fraud.”
RealPlayer is required to launch these audio segments.
“A Collection of Law Review Articles Citing Legal Blogs”: At “3L Epiphany,” Ian Best has compiled this list.
Second Circuit holds that U.S. Parole Commission erred in imposing sentence of life imprisonment without parole on a U.S. citizen convicted of murder in the United Kingdom and transferred to the United States to serve his sentence: Under the sentence imposed in the United Kingdom, the prisoner would have been eligible for parole after serving a sentence of twenty-four years of imprisonment. You can access today’s interesting ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Each of the plaintiffs’ separate copyrighted works constitutes one work for purposes of § 504(c)(1), and accordingly the defendants’ infringement of thirteen copyrights by copying thirteen songs onto seven distinct CD products warrants thirteen statutory damage awards.” The U.S. Court of Appeals for the Second Circuit today issued this ruling in favor of WB Music Corp. and various other plaintiffs that had filed suit alleging copyright infringement.
Issuing tomorrow from the Supreme Court of California: Thanks to a California-based reader and friend, I see that tomorrow the Supreme Court of California plans to issue its much-anticipated ruling in Lyle v. Warner Brothers Television Productions. According to that court’s announcement, the case presents the questions:
Can the use of sexually coarse and vulgar language in the workplace (here, production of the Friends television show) constitute harassment based on sex within the meaning of the Fair Employment & Housing Act (FEHA) (Gov. Code, §12900 et seq.)? Does the potential imposition of liability under FEHA for sexual harassment based on such speech infringe on defendants’ rights of free speech under the First Amendment or the state Constitution?
The court plans to post the opinion online at 10 a.m. pacific time tomorrow.
“No-knock case to be re-argued”: Lyle Denniston has this post at “SCOTUSblog.”
And The Associated Press reports that “Supreme Court to Debate Police Searches.”
Today’s order of the U.S. Supreme Court granting reargument in Hudson v. Michigan can be accessed here. You can access the transcript of the original oral argument in that case, from earlier this Term, at this link.
“High Court Examines Insanity Defense”: law.com’s Tony Mauro provides this report.
Gina Holland of The Associated Press reports that “Supreme Court Takes Up Insanity Defense.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Analysis: A focus on intent.”
Programming note: I’ll be departing momentarily to attend a family gathering for my nephew who was born eight days ago. Additional posts will appear here later today.
View the redesigned web page of the U.S. Court of Appeals for the Eighth Circuit: The redesign unveiled today can be accessed here.
“Judge says monument shall stay at courthouse; Marker on lawn is ruled as secular”: This article appears today in The Toledo Blade.
And The Associated Press reports that “Judge Says Ten Commandments Can Stay.”
I have uploaded a copy of yesterday’s ruling of the U.S. District Court for the Northern District of Ohio at this link.
“How We Pick Our Judges: A View from the Inside.” This event — moderated by Second Circuit Judge Richard C. Wesley and featuring Leonard Leo and Eleanor Acheson — will be held tomorrow afternoon at Cornell Law School. The event is open to the public.
On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “High Court Reviews Insanity-Defense Case” (featuring Nina Totenberg); “Moussaoui Defense Paints Picture of Mental Instability“; and “Skilling Continues to Assert Innocence at Enron Trial.” RealPlayer is required to launch these audio files.
“High court to examine insanity defense; Outcome of the Arizona challenge may impact cases elsewhere, such as Andrea Yates'”: Patty Reinert has this article today in The Houston Chronicle.
“Skilling’s Temper Is Tested in Day 2 Under Fire”: This article appears today in The New York Times.
The Washington Post reports today that “Skilling’s Temper Drawn Out on Stand; Prosecutor Focuses on What Former Enron CEO Says He Doesn’t Remember.”
The Los Angeles Times reports that “Skilling Is Grilled on Accounting; Enron’s former CEO denies suggesting that subordinates dip into reserves or hide possible losses to meet or beat Wall Street targets.”
In The Houston Chronicle, Mary Flood reports that “Skilling is testy on the stand; Reserves were ‘absolutely not’ used as cookie jar, he says.”
And USA Today reports that “Enron’s Skilling loses his cool on witness stand; Defendant becomes argumentative.”
“Witness Says Moussaoui Exhibited Mental Illness”: Neil A. Lewis has this article today in The New York Times.
The Washington Post reports today that “Psychologist Tells Court Moussaoui Is Delusional; Unpleasant Encounter in Cell Is Described.”
The Los Angeles Times reports that “Moussaoui Is Insane, Psychologist Testifies.”
And The Richmond Times-Dispatch reports that “Expert calls Moussaoui mentally ill; Testifying for the defense, a psychologist says his acts indicate schizophrenia.”
“Judge rules against Kline in teen-sex case”: The Wichita Eagle today contains an article that begins, “Kansas’ chief law enforcement officer misread the law and in doing so threatened the sexual privacy of the state’s teenagers, a federal judge in Wichita ruled Tuesday.”
And The New York Times reports today that “Judge Blocks Law to Report Sex Under 16.”
“Appeal of Skid Row Ruling Is Urged; LAPD’s Chief Bratton wants the city attorney to challenge a court decision barring the arrest of homeless who sleep on sidewalks”: This article appears today in The Los Angeles Times.
“Justices Hear Case on Right to Choose Defense Counsel”: Linda Greenhouse has this article today in The New York Times.
“Court to Consider Test of Insanity Defense”: Gina Holland of The Associated Press provides this report.
“Microsoft Cleared in Class-Action Lawsuit”: The Associated Press provides this report, which at present attributes authorship of today’s ruling to the wrong Fourth Circuit judge.
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained a segment entitled “Moussaoui Defense Questions His Mental Health.”
And today’s broadcast of “Morning Edition” contained segments entitled “Skilling Testimony at Odds with Prosecutor’s Facts“; “Former Illinois Governor Is Found Guilty of Fraud“; and “Former Professor Pleads Guilty to Terrorist Charge.”
RealPlayer is required to launch these audio segments.
Even in the Fifth Circuit, a criminal defense attorney’s failure to strike two members of the jury pool who expressly admitted an inability to serve as fair and impartial jurors constitutes ineffective assistance of counsel: Today’s ruling of the U.S. Court of Appeals for the Fifth Circuit, reversing a federal district court’s denial of the writ of habeas corpus, can be accessed at this link.
Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “Review of displays in courts OKd; Judges to decide if buttons with victim’s photo taint a fair trial“; “9th Circuit asylum decision called premature; Immigration courts must address case first“; and “Judge rules against Christian group.”
“Judge rules against Kline on teen sex case”: The Wichita Eagle provides a news update that begins, “A federal judge in Wichita ruled this afternoon that the Kansas attorney general overstepped the intent of lawmakers in a legal opinion concerning the sexual privacy of teenagers.”
And The Associated Press reports that “Judge Rules for Kan. Abortion Rights Group.”
You can access today’s ruling of the U.S. District Court for the District of Kansas at this link.
Reminder of impending blog move: On Thursday, April 20, 2006, this blog will be moving to a new online address hosted by law.com. So how will you find this blog’s new online address? You can come here as you ordinarily do, and when you see at the very top of this page my final post tomorrow night advising that you should visit this blog at its new online address, you can click on the link that I will provide to take you to the location where my newest posts will appear. Or, you can browse to www.appellateblog.com, which will be updated to forward you to the blog’s new address once the address takes effect on Thursday, April 20th.
“Judge Allows Device to Be Used for Monitoring Lethal Injection”: This article appears today in The New York Times.
And The News & Observer of Raleigh, North Carolina today contains an article headlined “Judge: State can execute Brown; The convicted killer’s lawyers argued drugs used in lethal injections don’t fully sedate the person.”
You can access yesterday’s ruling of the U.S. District Court for the Eastern District of North Carolina at this link (via “Ohio Death Penalty Information“).
“San Francisco’s 1906 Earthquake and Fire Remembered”: The Ninth Circuit’s web site offers this commemoration of the earthquake that occurred exactly one hundred years ago today.
Judges who have cited law blogs now graciously answer questions about citing to law blogs: At “3L Epiphany,” Ian Best has posts titled “Justice Judith Lanzinger (Ohio Sup. Ct.): ‘The Future Will Belong to the Flexible’” and “Judge Richard Kopf (D. Nebraska): Legal Blogs Will Fill the Practicality Gap.” I had the pleasure of meeting Justice Lanzinger last month during my visit to Columbus, Ohio, and (if memory serves) I had the pleasure of meeting Judge Kopf while participating in an Eighth Circuit event in St. Louis in September 2004.
“Supreme Court Debates Defendants’ Right to Lawyer of Choice”: law.com’s Tony Mauro provides this news update.
“O’Connor: Looking Back On A Career.” As noted here, this past Sunday’s broadcast of the CBS Evening News included an interview with Justice Sandra Day O’Connor. Via this post today at the CBS News blog “PublicEye,” you can view the interview online in two parts — part one and part two (RealPlayer required). Additional excerpts from the interview that didn’t make the broadcast can be viewed here (RealPlayer required).
“Slate’s Jurisprudence: U.S. Supreme Court TV.” This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”
“Justices Weigh Defendants’ Right to Lawyer”: Gina Holland of The Associated Press provides a report that begins, “The Supreme Court used a Hollywood example – the bumbling attorney in ‘My Cousin Vinny’ – in debating a case Tuesday about an accused man’s right to pick his own lawyer.”
U.S Court of Appeals for the Fourth Circuit holds that those who purchased computers from OEMs or retailers with preinstalled software cannot sue Microsoft for allegedly using its monopoly power in the operating system market to raise prices and to leverage its power into other markets: Illinois Brick fans (and others) can access today’s ruling at this link.
Today’s 164-page federal appellate court ruling: The U.S. Court of Appeals for the Second Circuit stakes its claim for the longest opinion of the day. No deduction has been made to account for the fact that page 79 is blank.
Update: The Second Circuit has posted a corrected version of the opinion eliminating blank page 79, and thereby reducing the total length of the opinion by one page. For those who must see the original version containing blank page 79, FindLaw makes it available here.
“J. Clifford Wallace, a senior judge on the U.S. Court of Appeals for the Ninth Circuit, has been selected as the 2005 recipient of the Edward J. Devitt Distinguished Service to Justice Award”: Details here.
