“Killer’s Voluntary Death Sentence Upheld”: In news from Kentucky, The Associated Press reports that “The state Supreme Court on Thursday unanimously upheld the death sentence of a convicted child murderer who wants to be put to death.”
You can access today’s ruling of the Supreme Court of Kentucky at this link.
“Nacchio remains free pending appeal; Former Qwest CEO wins ruling to remain free pending appeal”: This article appears today in The Denver Post.
The Rocky Mountain News reports today that “Unfettered Nacchio is a free man for now.”
And The Associated Press provides a report headlined “Court: Nacchio Can Remain Free on Bond.”
“Padilla sues US officials over confinement; Despite his conviction on terror conspiracy charges, his lawyers say he suffered ‘psychological abuse’ during military detention”: Warren Richey will have this article Friday in The Christian Science Monitor.
And online at Reason, Jacob Sullum has essays entitled “The Disappearing Dirty Bomber: Jose Padilla’s trial was not so swift, and neither was he” and “The Terrorist Trainee, the Terrorist’s Lawyer, and the Pizza Guy.”
“Viewing Child Porn on Computer Enough For Possession”: The Legal Intelligencer provides this news update reporting on a ruling that a divided en banc panel of the Superior Court of Pennsylvania issued today in Commonwealth v. Diodoro.
The original three-judge panel ruling in the Diodoro case was a subject of the December 4, 2006 installment — headlined “Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?” — of my “On Appeal” column for law.com.
Programming note: A busy day out of the office (my son and I will be heading here momentarily) means that new posts won’t appear until sometime later today.
“Anthony subs for Joyce; Retired Erie County judge tapped to step into Superior Court vacancy”: This article appears today in The Erie (Pa.) Times-News.
And The Associated Press reports that “Pa. Supreme Court picks substitute for suspended judge.”
“Court: Overnight truck parking ban illegal.” The Miami Herald provides a news update that begins, “The Third District Court of Appeal ruled that the city of Coral Gables can’t ban trucks from parking on residential streets overnight. Lowell Kuvin filed the suit in 2003 after being fined $50 for parking his pickup truck, a Ford F-150, in front of his home overnight. The city ordinance allows residents to own trucks, but they must be kept in garages or outside the city at night.”
You can access today’s ruling of Florida’s Third District Court of Appeal at this link.
“State high court to consider legality of S.F. affirmative action”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “The California Supreme Court took up its first affirmative action case in almost seven years today, agreeing to decide the legality of San Francisco’s program that grant preferences for minority and female contractors. The court granted a hearing on appeals by two companies that say the city ordinance violates Proposition 209, the 1996 initiative that outlawed race and sex preferences in public contracting, employment and education.”
And The Associated Press reports that “Justices to decide legality of SF affirmative action program.”
“Al-Marri case to be reheard”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Fourth Circuit Court on Wednesday agreed to reconsider the question of the President’s power to order the capture inside the U.S., and the prolonged detention afterward in a military prison, of a civilian suspected of terrorist ties.”
“Ban on Window Peeping Is Sought”: The New York Sun provides a news update that begins, “At one time or another, many New Yorkers unwittingly find themselves staring into the window of an adjacent building and spotting a neighbor in a state of undress. It’s almost unavoidable among the city’s close quarters and some might go so far as to call it a beloved pastime. But it may become illegal under new legislation before the City Council. Council Member Peter Vallone Jr. of Queens is proposing to outlaw voyeurism by extending a state law that forbids non-consensual peeping with cameras to peeping with the naked eye.”
The confrontation clause and testimony about the results of blood tests to prove that the defendant had committed the offense of driving while impaired: A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued an interesting decision in a criminal appeal. The defendant argued on appeal that his confrontation clause rights were violated when the director of a toxicology lab testified about the results of the tests the lab had performed on the defendant’s blood sample, because it was other employees of the lab who had performed the actual tests.
The majority affirmed the conviction, finding no confrontation clause violation. But Circuit Judge M. Blane Michael issued a dissenting opinion that concluded: “In sum, the laboratory test results admitted against Washington were testimonial statements. Washington therefore had the right to confront and cross-examine the technicians who conducted the tests on his blood. Because Washington was not provided this opportunity, and the government does not contend that the witnesses were unavailable, his Confrontation Clause right was violated.”
The Associated Press is reporting: Now available online are articles headlined “Growing Pains for Terror Appeals Court” and “Justice Dept. Argues Limits of FOIA Law.”
A Federal Circuit ruling that even an economist could love: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision holding that the Board of Patent Appeals and Interferences “did not err in concluding that it would have been obvious to combine the known inflation-adjusted loan accounts of Mukherjee with the known balloon payments of Weiner.”
“Ford Truck Patents Are Winning Trade Fight”: Columnist Cindy Skrzycki has this essay online at Bloomberg News.
“Court overturns ruling on synagogue in Hancock Park”: The Los Angeles Times today contains an article that begins, “A federal appeals court Tuesday overturned a lower court’s decision that permitted an Orthodox Jewish congregation to operate a synagogue in a residential neighborhood of Los Angeles’ Hancock Park area. The U.S. 9th Circuit Court of Appeals ruled that the lower court erred when it dismissed a lawsuit by a neighborhood group. The League of Residential Neighborhood Advocates contended that an agreement between Congregation Etz Chaim and the city of Los Angeles violated zoning laws.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Bad Judgment: The attorney general may soon have unwarranted power in death penalty cases.” This editorial appears today in The Washington Post.
“Translating a Ruling Into New Limits for Issue Ads”: The Washington Post today contains an article that begins, “In June, Chief Justice John G. Roberts Jr. and a bare majority of his colleagues blew up a key provision of the campaign finance overhaul that Congress passed in 2002. Now the Federal Election Commission has begun to piece together the fragments that remain to answer this question: What can issue-oriented political ads that are paid for with corporate or union cash say before they become a clear appeal to vote for or against a presidential or congressional candidate?”
And yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision addressing the legality of Colorado’s citizen-passed campaign finance reform amendment designed to limit the influence of certain types of corporations’ general funds on state elections. In coverage of that ruling, The Associated Press reports that “Appeals court affirms Colorado Right to Life ruling.”
“A Blood Sport Exposed: Vick’s Case Puts Dogfighting Culture in the Spotlight.” This lengthy front page article appears today in The Washington Post.
“An Unjust Judge”: Yesterday in The Washington Post, Nan Aron had an op-ed that begins, “To understand the furor over President Bush’s nomination of Leslie Southwick to the U.S. Court of Appeals for the 5th Circuit, one should start with the Goode family of Mississippi.”
“A Successful Plan for Racial Balance Now Finds Its Future Uncertain”: This article appears today in The New York Times.
“The Warrantless Debate Over Wiretapping”: Philip Bobbitt has this op-ed today in The New York Times.
“Jose Padilla Makes Bad Law: Terror trials hurt the nation even when they lead to convictions.” Michael B. Mukasey has this op-ed today in The Wall Street Journal.
Today’s edition of The Wall Street Journal is reporting: Peter Lattman has an article headlined “Patent Ruling May Help Firms’ Defense in Suits.” My earlier coverage of Monday’s en banc Federal Circuit ruling can be accessed here.
And in other news, “Lawyers Gear Up Grand New Fees; Hourly Rates Increasingly Hit $1,000, Breaching a Level Once Seen as Taboo.”
“Appeals court upholds ban on Bible distribution to fifth-graders”: The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday. The trial court’s ruling, which the Eighth Circuit affirmed yesterday, can be viewed at this link.
“American Express Pays $3M To Get Appeals Dropped”: Josh Gerstein had this article yesterday in The New York Sun.
“Public will see R. Kelly tape; Judge rules video key part of case”: The Chicago Tribune provides a news update that begins, “The judge in the R. Kelly child pornography case on Tuesday upheld his ruling allowing the public to view a videotape that allegedly shows the R&B singer having sex with a minor.”
“Spy Court Gets New Home of Its Own”: The Associated Press provides a report that begins, “The nation’s spy court is moving from its longtime home at the Justice Department to a nearby federal courthouse, a move that some hope will assert the court’s independence even as Congress shifts some of its authority to the Bush administration.”
“George Ryan loses appeal, but remains free”: The Chicago Sun-Times provides a news update that begins, “Former Gov. George Ryan’s conviction on corruption charges was upheld today by a federal appeals court, but the once-powerful Republican will not have to immediately report to prison. Instead, the 7th Circuit U.S. Court of Appeals late this afternoon ruled that Ryan can remain free as his attorneys continue to appeal the case. Ryan was to report to prison by Friday morning.”
The Chicago Tribune provides a news update headlined “Ryan will remain free during second appeal.”
And The Associated Press reports that “Ex-Illinois Governor’s Conviction Upheld.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Myrtle Beach Pelicans 10, Wilmington Blue Rocks 8: My son and I were back in Wilmington, Delaware this evening to see the Carolina League game between the home Blue Rocks — the Class A-advanced affiliate of the Kansas City Royals — and the visiting Pelicans — the Class A-advanced affiliate of the Atlanta Braves. Although there was plenty of rain in the region today, the game started on time and, fortunately, little more than a steady mist began to fall late in the game, allowing the full nine innings to be played. Yet the inclement weather, or excessive pine tar, prevented George Brett from attending tonight’s game, although he was present in bobblehead form as a give-away. You can access online the box score, the game log, and a game recap.
Programming note: I’ll be traveling to northeastern Pennsylvania this morning to meet with co-counsel in an appeal that I was recently hired to work on. Additional posts will appear here later today.
“Cheney’s Office Says It Has Wiretap Documents”: The Washington Post today contains an article that begins, “Vice President Cheney’s office acknowledged for the first time yesterday that it has dozens of documents related to the administration’s warrantless surveillance program, but it signaled that it will resist efforts by congressional Democrats to obtain them.”
And The New York Times reports today that “Senator Threatens to Charge White House With Contempt.”
“Take Al Qaeda to Court”: Kelly Anne Moore has this op-ed today in The New York Times.
“Plaintiffs Find Payday Elusive in Vioxx Cases”: This article appears today in The New York Times.
Available online from law.com: An article reports that “Patent Defendants Score Big at Federal Circuit; Court clarifies guidelines on willful infringement, waivers of attorney-client privilege.” My earlier coverage of yesterday’s en banc Federal Circuit ruling can be accessed here.
In other news, “Rights Cases Multiply Against Corporations; Growth of global operations, key appellate case lead to upswing.” As I previously noted here, there was a significant development yesterday in one of these cases pending on appeal in the Ninth Circuit..
An article reports that “5th Circuit Certifies Major Insurance Questions to Texas High Court.” You can access the ruling in question at this link.
An article is headlined “D.C. Circuit: Grand Jury Witnesses Can Review Testimony.” You can access the ruling at this link.
And in other news, “Criminal Attorneys Provide Post-Game Analysis of Padilla Case.”
“Padilla case lacked key piece of evidence”: The Miami Herald provides a news update that begins, “It looked like smoking-gun evidence: a suspected al Qaeda graduation list with Jose Padilla’s alleged Muslim name written on it. Had it gone before jurors, the list might have placed Jose Padilla directly at an al Qaeda training camp in Afghanistan in September 2000, just after he had allegedly filled out his application to be a jihad soldier. But prosecutors couldn’t introduce the list.”