“Early release of Baze audiotape”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court announced Thursday that it will promptly release the audiotape of the oral argument on Monday, Jan. 7, in Baze v. Rees (07-5439) — the Kentucky case testing the constitutionality of the three-drug protocol for execution by lethal injection. The case also involves the question of a constitutional standard for judging the validity of such a protocol.”
And The Associated Press reports that “Court to Release Audio in Death Case.”
You can access at this link the press release that the Public Information Office of the U.S. Supreme Court issued today.
The Associated Press is reporting: Now available online are articles headlined “Bush Won’t Judge CIA Tape Destruction” and “Judge: Gitmo Trial for Bin Laden Driver.”
Guantanamo Military Commission rules that Salim Ahmed Hamdan is an unlawful enemy combatant and not a prisoner of war: You can access the Commission’s ruling, issued yesterday, by clicking here.
“U.S. appellate court overturns state murder conviction”: Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a decision that an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“White House Lawyers Told Of Videotapes; CIA Chief Says They Urged Caution in Destroying Tapes”: This article appears today in The Washington Post.
The New York Times reports today that “C.I.A. to Cooperate With House on Tapes.”
And The Los Angeles Times reports that “Subpoena of CIA officials threatened; Justice Dept. action in tape destruction probe angers House panel chairman, who expects testimony from two top intelligence agency officials.”
“Mukasey Signals He’ll Be a Strong Bush Advocate”: The New York Times contains this article today.
The Washington Post reports today that “Mukasey Limits Agency’s Contacts With White House.”
And The Los Angeles Times contains an article headlined “Mukasey closes a door to the White House; Outlines new guidelines for Justice employees to have such contacts.”
“Backlash Endangers California Pot Dispensaries”: This article appears today in The Wall Street Journal.
Available online from law.com: An article reports that “Congress OKs Extra Seat for 9th Circuit; The seat won’t materialize until the day after President Bush leaves office.”
And in news from Florida, “Attorney Whose Blog Post Blasted Controversial Judge Fights Bar Investigation.”
“Chicago judge faces questions at confirmation hearing”: James Oliphant of The Chicago Tribune provides a news update that begins, “In his bid to be the second-ranking official at the Justice Department, Chicago federal Judge Mark Filip ran afoul Wednesday of the same tripwire that almost did in his putative boss, Atty. Gen. Michael Mukasey. Filip refused repeatedly to declare the interrogation practice known as waterboarding illegal, despite the urging of several senators. While his hesitation is unlikely to jeopardize his nomination to be deputy attorney general, it again underscored the level of tension between Congress and the Justice Department over the issue of torture.”
“Exxon to argue damages award conflicts with maritime law”: The Anchorage Daily News provides an update that begins, “Exxon Mobil will argue in front of the U.S. Supreme Court that the $2.5 billion it was ordered to pay in punitive damages — one of the largest awards ever against an American corporation — was in conflict with more than 200 years of maritime law. Exxon filed a brief in the case Monday, arguing mostly that trial and appellate courts erred in blaming the company for the actions of captain Joe Hazelwood when the Exxon Valdez hit a reef in Prince William Sound in 1989 and spilled nearly 11 million gallons of crude oil.”
The newspaper has posted online at this link Exxon’s opening brief on the merits.
“9th Circuit in Line for New Judgeship; Congress Agrees to Reorganization as Part of Security Bill”: Lawrence Hurley has this article today in The Daily Journal of California.
On this evening’s broadcast of NPR’s “All Things Considered“: The broadcast contained audio segments entitled “White House Knowledge of CIA Tapes Scrutinized” and “Senate Panel Questions Deputy AG Nominee” (RealPlayer required).
“Lafave denies wrongdoing; Her attorney is questioning probation officials’ take on her chats with a teen”: This article appears today in The St. Petersburg Times.
And The Tampa Tribune reports today that “Lafave’s Hearing Postponed.”
“Judge rules in favor of Avvo’s online rankings; Attorney ratings protected under First Amendment”: The Seattle Post-Intelligencer contains this article today.
The Seattle Times reports today that “Lawyers’ suit over site’s legal ratings dismissed.”
And The Associated Press provides an article headlined “Federal judge: Web site is free to rate lawyers.”
Avvo, Inc. issued a press release headlined “U.S. District Court Dismisses Case Against Avvo; Court Grants Company’s Motion to Dismiss With Prejudice, Supports Avvo’s First Amendment Right to Express Opinion.” Via the “Avvo blog,” you can access yesterday’s ruling of the U.S. District Court for the Western District of Washington at this link.
Programming note: A client I will be representing on direct appeal from a criminal conviction is being sentenced today at a courthouse in central Pennsylvania. Moments from now I will be traveling there to observe the proceeding. Additional posts will appear here later today.
“Senate approves Tinder for appeals court”: The Indianapolis Star provides a news update that begins, “The Senate has confirmed U.S. District Judge John Daniel Tinder of Indianapolis to a seat on the 7th U.S. Circuit Court of Appeals. The vote, held late Tuesday, was 93-0. President Bush nominated Tinder to replace Judge Daniel A. Manion, a former Indiana state senator. Manion is moving to ‘senior status’ on the court, giving him a lighter caseload.”
You can view the U.S. Senate‘s official roll call vote tally at this link.
“Lacking Options, Officials Keep Schizophrenic in Jail”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Morning Edition.”
On November 30, 2007, the American Civil Liberties Union issued a press release entitled “ACLU Urges Court to Fine Virgin Islands Officials for Indefinitely Detaining Innocent Mentally Ill Inmates; After Violating Two Court Orders, Government Should Face Contempt Fines, ACLU Says.”
The federal district court in the U.S. Virgin Islands is under the jurisdiction of the Philadelphia-based U.S. Court of Appeals for the Third Circuit.
Available online from law.com: An article headlined “9th Circuit: Trademark Plaintiffs Can’t Have It All; Appeals court panel concludes plaintiffs can’t collect fees based only on statutory damages for trademark counterfeiting” reports on this ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
And an article headlined “Defense Lawyers Take Issue With 9th Circuit Ruling on Closing Courtrooms” reports on a ruling that the Ninth Circuit issued on Monday.
“Lindh no terrorist, parents say in new plea to commute sentence”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “John Walker Lindh’s lawyers and parents appealed to President Bush for the fourth time Tuesday to commute the Marin County man’s 20-year prison sentence for aiding the Taliban in 2001, saying the nation has grown less fearful since then and that others convicted of similar charges have been treated more leniently.”
“Feinstein offers compromise: secret court review of wiretap cases.” Bob Egelko has this article today in The San Francisco Chronicle.
And today’s edition of The New York Times contains an editorial entitled “Bad Bill Now, Bad Bill Later.”
“Legal Challenges Put Brakes on Executions; Annual Total Hits a 13-Year Low”: Robert Barnes has this article today in The Washington Post.
Today in The Los Angeles Times, Henry Weinstein reports that “U.S. executions at a 13-year low; Experts say litigation over lethal injection clearly had a significant effect on the death penalty this year.”
And The New York Times reports that “Executions in U.S. Decline to 13-Year Low, Study Finds.”
“Military lawyers stay unbridled; White House drops veto bid on promotions”: Today in The Boston Globe, Charlie Savage has an article that begins, “The Bush administration is dropping a plan to take control over the promotions of military lawyers, following an outpouring of alarm over the independence of uniformed attorneys who have repeatedly objected to the White House’s policies toward prisoners in the war on terrorism.”
“Bush Lawyers Discussed Fate of C.I.A. Tapes”: The New York Times today contains an article that begins, “At least four top White House lawyers took part in discussions with the Central Intelligence Agency between 2003 and 2005 about whether to destroy videotapes showing the secret interrogations of two operatives from Al Qaeda, according to current and former administration and intelligence officials. The accounts indicate that the involvement of White House officials in the discussions before the destruction of the tapes in November 2005 was more extensive than Bush administration officials have acknowledged.”
The Washington Post reports today that “Judge Schedules Hearing On CIA Tape Destruction; Agency Acted Despite Order to Preserve.” The newspaper also contains an editorial entitled “A Job for Justice: Congress has legitimate questions in the CIA tapes case, but any criminality needs to be dealt with first.”
And The Los Angeles Times reports that “Destruction of CIA tapes may have violated a court order; A federal judge will investigate whether the action defied his instructions to the federal government to preserve evidence in terrorism detentions.”
“Waivers can’t stop skier suits”: Today in The Salt Lake Tribune, Pamela Manson has an article that begins, “Ski resorts took a nasty fall Tuesday when the Utah Supreme Court ruled waivers can’t prevent injured skiers from suing the resorts for negligence. Barring those suits is not in the best interests of society, the court said.”
You can access yesterday’s 3-2 ruling of the Supreme Court of Utah at this link.
“Judges narrow case to two points; The appeal’s outcome could boil down to the significance of Nacchio’s inside information and a witness’ exclusion”: This article appears today in The Denver Post. In addition, columnist Al Lewis has an essay entitled “Nacchio’s got me, babe.”
And The Rocky Mountain News reports today that “Case may hinge on witness; Appellate judges show concern that law professor couldn’t testify.” In related commentary, David Milstead has an essay entitled “What world are the judges and Nacchio’s defense living in?” while Scott Robinson has an essay entitled “New precedent is only certainty.”
“A Positive Development in All the Sentencing Insanity: How The Supreme Court and the U.S. Sentencing Commission Have Begun to Correct the Damage Done by the War on Drugs.” Mark H. Allenbaugh has this essay online today at FindLaw.
“Bin Laden’s driver to receive POW review”: Carol Rosenberg of The Miami Herald provides a news update that begins, “In an interim ruling made public Tuesday, a military judge said Osama bin Laden’s Yemeni driver, captured in Afghanistan, is entitled to consideration that he may be a prisoner of war — a status that would collapse his war crimes trial at Guantanamo Bay, Cuba, for a third time.”
“Lafave Hearing Postponed”: The Tampa Tribune provides a news update that begins, “Reporters and television cameras packed the courthouse this morning as Debra Lafave walked through the building, her attorney and parents at her side.”
“Law School Clinic Asks U.S. Supreme Court To Hear Major Juvenile Justice Case”: The University of Texas School of Law has issued this news release today. The law school has posted online both the petition for writ of certiorari and the appendix to the petition.
“Justice Clarence Thomas reveals personal side at Chapman; Supreme Court jurist describes his upbringing and professional life during book signing”: This article appears today in The Orange County Register.
“Utah Supreme Court: Waivers offer no protection for ski resorts from lawsuits.” Pamela Manson of The Salt Lake Tribune has a news update that begins, “Ski resorts took a nasty fall today when the Utah Supreme Court ruled waivers can’t prevent injured skiers from suing them for negligence.”
And The Associated Press reports that “Lawsuit Against Utah Ski Resort Revived.”
You can access today’s 3-2 ruling of the Supreme Court of Utah at this link.
“Nacchio lawyer: Conviction flawed.” The Associated Press provides this report.
“Executions drop in ’07 as states rethink death penalty”: CNN.com provides this report.
“Nacchio appeal hearing wraps”: The Denver Post provides this news update.
And The Rocky Mountain News provides an update headlined “Big day for ex-Qwest boss Nacchio.”
“Judge Orders Hearing on CIA Videotapes”: Dan Eggen of The Washington Post provides this news update.
The Los Angeles Times provides a news update headlined “White House must answer questions over CIA tapes.”
And The New York Times provides a news update headlined “Judge Orders Hearing on C.I.A. Videotapes.”
