“Lay gets loud and angry with prosecutor; Former CEO is asked about witness contacts, code of ethics”: Mary Flood has this article today in The Houston Chronicle.
The New York Times reports today that “Lay Loses His Cool on Stand.”
The Washington Post reports that “Enron Founder’s Testimony Is Fiery; Lay, Prosecutor Trade Barbs at Trial.”
And The Los Angeles Times reports that “Lay Admits Witness Contacts; The ex-Enron chairman denies that he tried to sway testimony; The disclosure could be a blow to his defense against fraud charges.”
“In Routine Process, Moussaoui Jurors Weighing Unique Factors”: This article appears today in The Washington Post.
And The Richmond Times-Dispatch reports today that “Moussaoui deliberations resume today.”
“Court Puts Teeth in ‘Notice’ Needed to Seize Property”: Linda Greenhouse has this article today in The New York Times.
Today in The Los Angeles Times, David G. Savage reports that “High Court Rules Against State’s Seizure of House; An extra effort to warn an owner is needed before a sell-off to pay taxes, justices say.”
And The Arkansas Democrat-Gazette reports that “Tax sale invalid, justices conclude; Supreme Court reverses state, 5-3.”
“Justices Debate Illegal Hiring Case; The crux is whether a federal racketeering law can apply to firms using undocumented workers”: This article appears today in The Los Angeles Times.
Today in The Dallas Morning News, Allen Pusey reports that “Justices weigh RICO immigrant worker case; Undocumented laborers may face new hurdles if carpet maker loses suit.”
And The Washington Times reports that “Court to decide whether to let illegals suit proceed.”
“Supreme Court Hears Case Involving Lethal Injection”: Linda Greenhouse has this article today in The New York Times.
Today in The Los Angeles Times, David G. Savage reports that “High Court Is of Two Minds on Lethal Injection.”
In USA Today, Joan Biskupic reports that “Supreme Court considers pain of lethal injection.”
The Miami Herald reports that “Justices debate cruelty of Fla. lethal injection; The nation’s highest court is to decide whether a Florida convict can argue that the state’s use of lethal injection poses a risk of inhumane pain.”
The St. Petersburg Times reports that “Justices ask about pain of execution; Florida’s method of lethal injection reaches the high court, where justices are clearly split over the merits of an inmate’s case.”
The Pensacola News Journal reports that “Justices hear out Hill case.”
And The Gainesville Sun reports that “High court hears Florida execution challenge.”
In today’s edition of The Chicago Tribune: An article headlined “Judge bans juror checks; Decision will affect ex-Daley aide’s trial” begins, “Prosecutors and defense attorneys can’t so much as run a Google search on prospective jurors in the upcoming corruption trial of former mayoral aide Robert Sorich, according to a federal judge’s ruling Wednesday.”
In other news, “Ryan judge shields ex-jurors; Request by lawyers to interview 2 tossed off panel is denied.”
And an editorial is entitled “The Ryan jury whirlwind.”
“More Lawlessness at EPA: The D.C. Circuit gives environmental regulators a refresher course in the law — again.” This editorial appears today in The Washington Post.
The New York Times is reporting: Today’s newspaper contains articles headlined “Federal Victory in Terror Case May Prove Brief, Experts Say“; “Company Tells Court Antismoking Ads Go Too Far“; and “Judge Embeds a Puzzle in ‘Da Vinci Code’ Ruling.” Those seeking to break the code can access the ruling at this link.
“Girded for Battle”: The New York Sun today contains an editorial that begins, “If you thought the accession of Justice Alito to the Supreme Court marked the end of the judicial confirmation battles that roiled the Senate earlier in President Bush’s tenure, you were wrong.”
“Court Weighs Procedural Issue in Death Row Lawsuit”: Charles Lane will have this article Thursday in The Washington Post.
Available online from law.com: Tony Mauro has articles headlined “Supreme Court Looks at Humaneness of Lethal Injections” and “High Court Avoids Immigration, Focuses on RICO’s Application to Business Relationships.”
In the second of those two articles, Mauro writes: “[the] oral arguments devolved quickly into a dense debate over the ambiguous wording of the RICO statute and whether a corporation like Mohawk can be part of a separate ‘enterprise’ covered by the law. The tedium left at least two justices, Ruth Bader Ginsburg and Clarence Thomas, struggling to stay awake, with mixed success. That is not unusual for Thomas, but it is not as common for Ginsburg, 73, though in recent months she has often appeared fatigued on the bench. Responding to a Legal Times inquiry about the episode late Wednesday, Ginsburg said, through Court spokeswoman Kathy Arberg, that she ‘experienced an eye irritation during oral argument that was probably exacerbated by allergies.'”
And in other news, “Sports Fans, Take Heart, It’s Still Legal to Heckle the Ref; Ga. justices overturn meeting disruption law for being too broad.” You can access yesterday’s ruling of the Supreme Court of Georgia at this link.
“High court blocks Dallas exec’s suit; He sued Postal Service, saying failed bribery case was retaliation”: Allen Pusey of The Dallas Morning News provides this news update.
The Associated Press is reporting: Now available online are articles headlined “McDermott Files Appeal in Taped Call Case” and “Judge Nixes Moussaoui Juror Interviews.”
“Oakland pot growing conviction overturned; But ruling means new trial for marijuana advocate”: Bob Egelko of The San Francisco Chronicle provides this news update. My earlier coverage is here.
“President taps Tydingco-Gatewood”: Thursday’s edition of The Pacific Daily News of Guam contains an article that begins, “Supreme Court of Guam Justice Frances Tydingco-Gatewood yesterday was nominated by President Bush as the next chief judge for the District Court of Guam, following a recommendation last year by Gov. Felix Camacho. If approved by Congress, Tydingco-Gatewood would take the place of former Judge John Unpingco, who stepped down two years ago after more than 10 years with the court.” My earlier coverage of this federal judicial nomination appears here.
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Supreme Court Weighs Pain of Deadly Injection” (featuring Nina Totenberg) and “Moussaoui Jury Deliberates Another Day.” RealPlayer is required to launch these audio segments.
“RICO-Mania: The Supreme Court contemplates whether illegal hiring is racketeering.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Tony Mauro is reporting: At law.com, he has news updates headlined “Supreme Court Debates Challenge to States’ Method of Execution” and “Court Considers Use of RICO To Attack Hiring of Illegals.”
“Moussaoui Jury Ends 3rd Day, No Verdict”: The Associated Press provides this report.
“What’s at stake: When judges become politicians.” This editorial appears today in The Arkansas Democrat-Gazette.
“Judge Hints at Code in ‘Da Vinci’ Ruling”: The Associated Press provides a report that begins, “The judge who presided at the ‘Da Vinci Code’ copyright infringement trial has put a code of his own into his ruling, and he said Wednesday he would ‘probably’ confirm it to the person who breaks it.”
You can access the complete ruling, in PDF format as issued by the court, at this link.
“This case arises out of the City of New York’s attempts to collect property taxes from certain foreign missions to the United Nations that have been using parts of their embassy buildings for purposes that, the City argues, render at least those portions of those buildings subject to property taxation.” So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.
Today’s decision, however, only resolves a preliminary issue: “whether, pursuant to the ‘immovable property’ exception to the Foreign Sovereign Immunity Act’s general rule that a foreign country is immune from suit in our courts, a federal court has jurisdiction to settle this dispute. We agree with the district court that it does have such jurisdiction and that this suit may go forward.”
“Slate’s Jurisprudence: Immigrant Hiring and RICO.” This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”
The Associated Press is reporting: An article reports that “Justices Hear Undocumented Workers Debate.”
And David Kravets has an article headlined “Court Overturns Pot Grower’s Conviction” that begins, “A federal appeals court Wednesday overturned the pot-growing conviction of the self-proclaimed ‘Guru of Ganja,’ a marijuana advocate who has written books on how to grow pot and avoid getting caught.” My earlier coverage is here.
“‘Choose Life’ License Plates”: In this post at “PrawfsBlawg,” Nelson Tebbe discusses my recent law.com column on the subject.
“U.S. Supreme Court justices ask sharp questions in lethal injection case”: The Miami Herald provides this news update.
And Gina Holland of The Associated Press reports that “Justices Debate Lethal Injection Method.”
“States Must Give Notice for Home Sales”: The Associated Press provides this report.
“Juror A believed that the district court’s instruction not to discuss the case with anyone would not rule out a conversation ‘about a point of law’; accordingly, she phoned up an attorney-friend to ask ‘if [she] had to follow the Judge’s instructions, or if [she] had any leeway at all for independent thought.'” The foregoing quotation comes from a decision that the U.S. Court of Appeals for the Ninth Circuit issued today. The court’s opinion proceeds to state:
The attorney-friend responded that Juror A “definitely did have to following [sic] the Judge’s instructions, and that there was absolutely nothing else [she] could do.” When Juror A pressed the attorney, asking how there could ever be hung juries, she was told “that could only happen if the Judge gives the jury some leeway in his instructions.” The attorney “then said [Juror A] could get into trouble if [she] tried to do something outside those instructions.”
Based on a holding of juror misconduct arising from those facts, the Ninth Circuit today grants a new trial in favor of a defendant convicted of violating the Controlled Substances Act. According to the court’s factual recitation, the defendant was designated as an agent of the Oakland Cannabis Buyers’ Cooperative to cultivate marijuana plants for distribution to authorized medical-cannabis users.
“Courts & the Law: Scalia v. Dignity.” Columnist Kenneth Jost has this essay in this week’s issue of CQ Weekly.
“Duane Morris to Shape Appellate Practice With Byer”: My friend Rob Byer is the subject of this news update from The Legal Intelligencer.
“Judge: No ex-juror interviews.” The Chicago Sun-Times provides a news update that begins, “Lawyers for former Gov. George Ryan cannot talk to two jurors who believe their willingness to consider acquitting Ryan on some charges played a role in their being ousted from the jury, the judge in the case ruled this morning.”
And The Associated Press provides a report headlined “Judge: Ryan Lawyers Can’t Question Jurors.”
In related coverage, The Chicago Tribune today contains an article headlined “Is Ryan’s free legal defense taxable? Connections cloud issue of outright gift.”
“Justice’s act could affect school-finance future”: The Wichita Eagle today contains an article that begins, “A Senate panel raised the question Tuesday of whether a Supreme Court justice’s discussion with two senators about school funding has tainted other members of the court. One senator even asked whether the possible ethics violation could be grounds for dismissal of the seven-year-old school funding lawsuit.”
And The Topeka Capital-Journal today contains an article headlined “Legislators’ suspicions grow; Senator declares justices ‘entered the political realm’” and an editorial entitled “Justice Lawton Nuss — Stay focused; A judge’s violation of the rules shouldn’t be allowed to slow the Legislature’s business.”
“Justice had career of ‘firsts’; Colleagues remember him as an important mentor, dedicated and conscientious”: The Honolulu Star-Bulletin today contains an obituary that begins, “Retired Hawaii Supreme Court Justice Yoshimi Hayashi would point out that he was the only person who had served on the bench at all four levels of state courts.”
“High court adding its voice to fight over immigration; The issue: Can workers sue their company under RICO for using illegal employees?” Patty Reinert has this article today in The Houston Chronicle.
“Smooth sailing for judicial nominees; In sharp contrast to prior candidates, 4 N.J. lawyers faced no opposition”: This article appears today in The Newark Star-Ledger.
