“Howard wants U.S. to pursue Nichols death penalty”: The Atlanta Journal-Constitution has a news update that begins, “Fulton County District Attorney Paul Howard said Saturday that courthouse killer Brian Nichols may get the death penalty yet — from a federal court jury. Howard, whose prosecution sought and failed to get death for Nichols, said he would talk this week about possible federal charges against Nichols for killing off-duty U.S. Customs agent David Wilhelm.” Another news update is headlined “Question now is where will Nichols serve time?”
And The Associated Press reports that “Nichols sentence may lead to death penalty changes.”
“Judge bars Kent from using polygraph results in his trial”: Yesterday in The Houston Chronicle, Mary Flood had an article that begins, “U.S. District Judge Samuel Kent will not be able to show jurors the polygraph tests he has taken, but the judge in his case left the door open Thursday for Kent to take another lie detector exam. Kent faces federal charges of sexually abusing an employee. It would be unusual for the judge to allow lie detector evidence in this case.”
And The Associated Press reports that “Lie detector tests not admitted at judge’s trial.”
“Nichols gets life without parole; Killer offers short apology before getting ‘many lifetimes’ in ’05 courthouse spree”: The Atlanta Journal-Constitution provides this news update. Today’s print edition of the newspaper contains an article headlined “The Brian Nichols case: No death penalty; Deadlocked jury will mean life for killer.”
And The Associated Press reports that “Judge sentences courthouse shooter to life.”
“Jewish Parents Lose Again in 15-year Quest to Claim Deduction Granted to Scientology”: Josh Gerstein, formerly of The New York Sun, today has a post at his blog that begins, “The 9th Circuit handed defeat today to a Jewish couple which has been trying for 15 years to claim tax deductions for a portion of the tuition they pay to Jewish schools attended by their children.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“No COLA For Federal Judges”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
“Brian Nichols avoids death penalty; On Saturday, judge will impose life sentence on courthouse killer”: The Atlanta Journal-Constitution has a news update that begins, “Superior Court Judge James Bodiford declared the jury in the Brian Nichols death penalty trial deadlocked on the penalty Friday night — which means Nichols will face a life sentence for the four murders of which it convicted him a month ago. The jury deadlocked 9-3 on whether Nichols should be sentenced to death or life in prison, splitting nine for death and three for life imprisonment without parole.”
And The Associated Press reports that “Atlanta courthouse gunman avoids death sentence.”
“Supreme Court Overturns Bush v. Gore”: The Onion provides this report.
“Bumper sticker flap draws national group’s attention; A Wa-Hi junior was suspended over crude stickers”: Wednesday’s edition of The Walla Walla Union-Bulletin contained an article that begins, “The suspension of a Walla Walla High School junior over crude bumper stickers has drawn the attention of the National Coalition Against Censorship. In a letter to Walla Walla Public Schools Superintendent Richard Carter and Walla Walla High School Principal Darcy Weisner sent Dec. 3, the agency strongly disagrees with the school’s decision to suspend the student after failing to remove a bumper sticker from her car.”
You can view the letter from the National Coalition Against Censorship at this link, while the school district’s response to the letter is contained in this post at the newspaper’s “Schoolhouse Missives” blog.
“Court tosses out Seattle parade law”: The Seattle Post-Intelligencer has a news update that begins, “Seattle’s rules for granting permits for parades and demonstrators are unconstitutional, a federal appeals court has ruled.”
You can access at this link today’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
“Court to Rule on Ship Tax”: Lyle Denniston has this post at “SCOTUSblog.”
You can access today’s Order List of the U.S. Supreme Court at this link.
Update: In early news coverage, The Associated Press reports that “Insurer’s asbestos-related lawsuits at high court.”
“Gubernatorial Removal and the State High Courts: A National Center for State Courts Backgrounder.” The National Center for State Courts has issued this news release today.
“Illinois AG asks high court to declare gov. unfit”: The Associated Press has a report that begins, “In an unprecedented move, the Illinois attorney general asked the state’s highest court Friday to strip scandal-plagued Gov. Rod Blagojevich of his powers.”
And The Chicago Sun-Times has a news update headlined “Madigan launches legal attack to oust Blagojevich.”
Federal Circuit rejects challenge to the validity of the patent for the drug Plavix: You can access today’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
“William S. Stevens, 60, Dies; Wrote Infield Fly Note”: The New York Times today contains an obituary that begins, “William S. Stevens, whose slyly humorous law-review note on the relationship between baseball’s infield fly rule and Anglo-American common law became one of the most celebrated and imitated analyses in American legal history, died Monday in Anchorage, where he was working. He was 60 and lived in Narberth, Pa. The cause was a heart attack, said T. Dennis Sullivan, his brother-in-law.”
Earlier this year, the blog “Above the Law” had this post about the note.
And in 2006, the Northwestern University Law Review published Law Professor Anthony D’Amato‘s related essay entitled “The Contribution of the Infield Fly Rule to Western Civilization (and vice versa).”
“Pentagon touts progress at Gitmo facility; Prison base officials back conditions”: USA Today contains this article today.
And today’s edition of The New York Times contains an article headlined “Move May Help Shut Guantanamo Camp.”
“Rumsfeld blamed in detainee abuse scandals; A bipartisan Senate report calls decisions made by the former Defense secretary a ‘direct cause’ of inhumane treatment of prisoners of war; Other Bush officials also are faulted”: This article appears today in The Los Angeles Times.
The New York Times reports today that “Report Blames Rumsfeld for Detainee Abuses.”
The Washington Post contains a front page article headlined “Report on Detainee Abuse Blames Top Bush Officials.”
The Wall Street Journal reports that “Top Officials Cited in Abuse of Detainees.”
And McClatchy Newspapers report that “Senate probe blames top Bush officials for abuses.”
“When It Comes to Holder, Specter Has Reservations”: That’s the headline of today’s installment of Al Kamen’s “In the Loop” column in The Washington Post.
“Judge will reconsider gag order”: The Ventura County Star today contains an article that begins, “The Superior Court judge who issued a gag order forbidding the Ventura County Star from publishing sealed contents of search warrant documents in a child murder case is scheduled to reconsider the matter Monday.”
And The Los Angeles Times reports today that “Ventura County Star’s bid to publish blocked story stalls; The paper wanted a judge to swiftly overturn his ruling barring the article about the slashing death of a 6-year-old boy; The jurist sets a hearing for Monday.”
“Jury Deadlocks on Punishment for Courthouse Killings”: This article appears today in The New York Times.
And The Atlanta Journal-Constitution reports today that “Nichols’ fate may hang on tape; Deadlocked jury wants to again hear jailhouse call between killer, brother; defense calls it ‘prejudicial.’”
“McDonnell works to block spam”: The Richmond Times-Dispatch today contains an article that begins, “Virginia Attorney General Bob McDonnell yesterday asked the U.S. Supreme Court to reinstate Virginia’s anti-spam e-mail law. In September the Virginia Supreme Court held that the Anti-Spam Act of 2003 was unconstitutional for barring all anonymous, unsolicited bulk e-mails — even those with political, religious or other protected content, not just commercial speech which can be restricted.”
This blog’s earlier coverage of the Supreme Court of Virginia’s ruling appears here and here.
“Senate’s authority to reject potential Blagojevich appointee unclear; The Supreme Court has ruled similar rejections unconstitutional in the past; But experts say senators may consider whether an appointment was valid and lawful”: David G. Savage has this article today in The Los Angeles Times.
“N.J. High Court Frees Judges to Participate in U.S. News Survey”: law.com provides a report that begins, “In a reversal of policy, the New Jersey Supreme Court has given its blessing to judges’ participation in U.S. News & World Report ‘s annual survey of American law schools, out of concern that its gag order was giving local schools a bum rap.”
“The President’s Prisoner: An alleged al-Qaeda conspirator becomes a test case for another Bush administration overreach.” This editorial appears today in The Washington Post.
“$7 million Vioxx case sent back to Starr County court”: Today’s edition of The Monitor of McAllen, Texas contains an article that begins, “A state appeals court has reversed its earlier decision and sent a landmark case against the makers of the painkiller Vioxx back to a Starr County court.”
And The Associated Press has a report headlined “Appellate court orders new Vioxx trial in Texas” that begins, “Drugmaker Merck & Co. is considering an appeal after a Texas state appeals court reversed its own prior dismissal of a $7.75 million judgment in a Vioxx personal injury lawsuit against the drugmaker.”
You can access Wednesday’s ruling of the Fourth Court of Appeals of Texas at this link.
“Schwartz gets NYT legal beat”: Mark Obbie has this post at the “LawBeat” blog. You can access an archive of John Schwartz’s recently published writings in The New York Times by clicking here.
“Chief Justice Williams resigns”: The Providence Journal today contains an article that begins, “Frank J. Williams, the chief justice of the Rhode Island Supreme Court, stunned the legal community and his fellow justices yesterday when he announced that he will step down from the high court at the end of the month.”
The newspaper also contains articles headlined “A strong voice for the courts” and “Talk of successor for Chief Justice Williams has already begun.”
You can view the letter of resignation by clicking here.
“Va. seeks reinstatement of anti-spam law”: The Associated Press provides a report that begins, “Virginia’s attorney general asked the nation’s highest court Thursday to revive a state anti-spam law struck down by a lower court as unconstitutionally overbroad.”
The Attorney General of Virginia has today issued a news release headlined “McDonnell Appeals Spam Case to U.S. Supreme Court; Spammer made millions of dollars with fraudulent e-mails.”
“Bipartisan Report: Rumsfeld Responsible for Detainee Abuse; Senate Committee Finds Officials Made Decisions That Led to Offenses Against Prisoners.” The Washington Post has a news update that begins, “A bipartisan Senate report released today says that former Defense Secretary Donald H. Rumsfeld and other top Bush administration officials are directly responsible for abuses of detainees at Guantanamo Bay, Cuba, and charges that decisions by those officials led to serious offenses against prisoners in Iraq and elsewhere.”
You can view the report by clicking here.
“Not coming soon to the Supreme Court: TV cameras.” Mark Sherman of The Associated Press provides this report.
“Nichols jury tells judge it can’t decide penalty; Judge says he will send them back to continue deliberating”: The Atlanta Journal-Constitution has a news update that begins, “A Fulton County jury announced today that it is ‘hung’ on whether to sentence convicted murderer Brian Nichols to death. Superior Court Judge James Bodiford said the jury was asking for advice on how to proceed in its deliberations. Bodiford prepared to call the jury into the courtroom for a conference Thursday morning. The jury is split 9-3. Bodiford did not inquire whether the majority favored a death sentence or life imprisonment. He said he would have the jury continue deliberating after lunch.”
And The Associated Press reports that “Atlanta courthouse shooting jury says no verdict.”
“Kent wants lie detector tests to be admissible in his trial; Federal judge accused of abusive sexual conduct”: This article appears today in The Houston Chronicle.
And The Associated Press reports that “Judge’s lawyers want lie detector tests admitted.”
“A family feud over the fate of Guantanamo: The Pentagon gives a platform to family members of Sept. 11 victims who support the prison and tribunal; Relatives who oppose them make their own statement.” Carol J. Williams has this article today in The Los Angeles Times.
And Carol Rosenberg of The Miami Herald reports that “9/11 kin denounce the Guantanamo war court; In a tug of war over the legitimacy of military commissions, a few dozen family members of 9/11 dead counter the endorsements of the war court by others.”
“Princeton settles battle over millions; Heirs said school ignored parents’ wishes for fund”: The Newark (N.J.) Star-Ledger contains this article today.
The Daily Princetonian reports today that “University gains control over Robertson endowment in settlement; Princeton will pay $100 million to cover legal fees, establish new foundation.”
The New York Times reports that “Princeton Settles Money Battle Over Gift.”
The Wall Street Journal reports that “Princeton Settles Suit Over Big Donation, Agrees to Pay Family About $100 Million.”
And in the New Jersey Law Journal, Henry Gottlieb reports that “Princeton Agrees to $90 Million Settlement of Suit Alleging Misuse of Endowment; $40 million in defense costs made the case the most expensive litigation in Princeton’s 262-year history.”
“Criminal-libel laws’ overreach: Laws that permit criminal-libel prosecution for online trash talk fly in the face of the 1st Amendment.” This editorial appears today in The Los Angeles Times.
“Justices Hear a Case Weighted by 9/11”: Today in The New York Times, Adam Liptak has this article.
Today in The Washington Post, Robert Barnes reports that “Court Weighs Post-9/11 Liability; Justice, FBI Chiefs Named in Suit Alleging Anti-Arab Bias.”
In The Los Angeles Times, David G. Savage reports that “Supreme Court is asked to dismiss top officials from 9/11 lawsuit; An administration lawyer says plaintiffs haven’t shown that ex-Atty. Gen. John Ashcroft and FBI chief Robert Mueller were involved in discrimination; The Muslim detainees’ lawyers see a Catch-22.”
Joan Biskupic of USA TODAY reports that “Case against Ashcroft, Mueller considered; Justices seem wary of allowing abuse lawsuit.”
And law.com’s Tony Mauro reports that “Top Bush Officials Unlikely to Face Personal Liability for 9/11 Detentions.”
