“Texas death row inmate Larry Swearingen gets 11th-hour reprieve”: The Dallas Morning News provides this update.
The Houston Chronicle has a news update headlined “Man in Montgomery County killing gets stay of execution.”
The Associated Press reports that “College student killer get reprieve.”
At the “Austin Legal” blog of The Austin American-Statesman, Chuck Lindell has a post titled “Federal court halts Swearingen execution.” Tuesday’s edition of that newspaper will contain an editorial entitled “U.S. Court stops execution that Texas courts wouldn’t; Experts believe condemned man Swearingen could not have committed the murder.”
And Texas Monthly has posted an online exclusive article by Michael Hall headlined “The Science of Murder: Someone killed Melissa Trotter and dumped her body in the Sam Houston National Forest; But according to six forensic experts, that someone was not Larry Swearingen.”
You can access today’s per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. In his specially concurring opinion, Circuit Judge Jacques L. Wiener, Jr. writes that this very case could determine whether the U.S. Supreme Court will add “capital defendants who are actually innocent to the list of persons who — like the insane, the mentally retarded, and the very young — are constitutionally ineligible for the death penalty.”
“Ex-AG Gonzales: ‘I Should Have Been More Engaged.'” This lengthy interview (RealPlayer required) with former Attorney General Alberto Gonzales appeared on today’s broadcast of NPR’s “Tell Me More” with Michel Martin.
“The Swamp” blog of The Chicago Tribune has posted a transcript of the NPR interview at this link.
“Liberty City Six terror trial is back for third time; The third — and likely last — trial of a Liberty City group charged with conspiring with al Qaeda to blow up Chicago’s Sears Tower and FBI buildings will get under way with jury selection Tuesday”: Jay Weaver has this front page article today in The Miami Herald.
“U.S. Supreme Court says district attorneys are immune from wrongful-conviction suits; In a unanimous ruling, the nation’s high court throws out a lawsuit from a Los Angeles man who spent 24 years in prison for a murder he didn’t commit”: David G. Savage of The Los Angeles Times has this news update.
And Robert Barnes of The Washington Post has a news update headlined “Supreme Court Issues Five Unanimous Decisions.”
“Ex-Guantanamo inmates return to militancy in Yemen; Militants in Yemen threatened Monday to strike the US Embassy for a second time”: Tuesday’s edition of The Christian Science Monitor will contain an article that begins, “Two Saudis formerly jailed at the US prison camp in Guantanamo Bay, Cuba, have joined Al Qaeda’s Yemeni branch, and authorities here worry that two other ex-Guantanamo inmates may have strayed back to militancy because they have recently disappeared from their homes.”
“Court hears 9/11 conspirator’s appeal in Va.” The Associated Press provides a report that begins, “Zacarias Moussaoui’s guilty plea in the Sept. 11 terrorist attacks was invalid because the government failed to turn over evidence that could have helped his defense, his attorney told a federal appeals court Monday.”
Jerry Markon of The Washington Post has a news update headlined “Moussaoui’s Attorneys Ask Court to Invalidate Guilty Plea.”
And Frank Green of The Richmond Times-Dispatch has a news update headlined “Moussaoui’s lawyers call his guilty plea invalid.”
James Vicini of Reuters is reporting: He has articles headlined “Supreme Court: law bars sex harassment retaliation” and “U.S. top court rules for USEC on uranium imports.”
“Rap brief hits right note with judges; Musician wins appeal with rhyme”: The Associated Press provides a report that begins, “Justice might be blind, but apparently it has good rhythm. A jazz musician who filed a legal brief in a child custody dispute with rap lyrics won his appeal and will get out of paying nearly $4,000 in fees.”
The Milwaukee Journal Sentinel has posted the pro se appellate brief at this link.
Access online today’s U.S. Supreme Court opinions in argued cases: The Court today issued opinions in five argued cases, together with one summary reversal.
The summary reversal issued in Nelson v. United States, No. 08-5657. You can access the Court’s per curiam ruling at this link. In addition, Justice Stephen G. Breyer issued a short opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined.
1. Justice Breyer delivered the opinion for a unanimous Court in Van de Kamp v. Goldstein, No. 07-854. You can access the Court’s ruling at this link and the oral argument transcript at this link.
2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Arizona v. Johnson, No. 07-1122. You can access the Court’s ruling at this link and the oral argument transcript at this link.
3. Justice David H. Souter delivered the opinion for a unanimous Court in United States v. Eurodif S.A., No. 07-1059. You can access the ruling at this link and the oral argument transcript at this link.
4. Justice Souter also delivered the opinion for a unanimous Court in Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan, No. 07-636. You can access the ruling at this link and the oral argument transcript at this link.
5. And Justice Souter delivered the opinion of the Court in Crawford v. Metropolitan Government of Nashville and Davidson Cty., No. 06-1595. Justice Alito filed an opinion concurring in the judgment, in which Justice Clarence Thomas joined. You can access the ruling at this link and the oral argument transcript at this link.
At “SCOTUSblog,” Lyle Denniston has a post titled “New worker shield against retaliation.”
And in early news coverage, The Associated Press reports that “Court rules for worker over retaliation“; “US Supreme Court says passenger can be frisked“; “Wrongfully convicted, man can’t sue prosecutor“; “Court allows tariffs on cheap imported uranium“; and “High court turns down daughter in pension dispute.”
Access online today’s Order List of the U.S. Supreme Court: The Court has posted it at this link. The Court today granted review in three cases.
At “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on police questioning.”
In early news coverage, The Associated Press reports that “Court to consider how long lawyer request lasts.”
Bob Egelko of The San Francisco Chronicle is reporting: In today’s newspaper, he has an article headlined “Arguments in place as Prop. 8 hearing nears.”
And in yesterday’s newspaper, he had an article headlined “Obama nominates S.F. lawyer for Justice post.”
“Obama’s nominee for regulatory czar faces scrutiny; Cass Sunstein, selected to be Obama’s regulatory czar, has labor activists and environmentalists digging into his record”: This article appears today in The Los Angeles Times.
“Evicted, But Not Without a Fight: The government took her home; The Supreme Court approved.” Today in The Wall Street Journal, Melanie Kirkpatrick has this review of Jeff Benedict’s new book about the Kelo case, “Little Pink House: A True Story of Defiance and Courage.”
“Court to hear 9/11 conspirator’s appeal in Va.” The Associated Press provides a report that begins, “A federal appeals court in Virginia is set to hear arguments for a new trial by Sept. 11 conspirator Zacarias Moussaoui.” According to the article, only part of the oral argument will be held in public.
“Cuban spies in middle of swap talk; An effort to free five Cuban agents convicted in Miami may hinge on the offer of a prisoner swap by Cuban leader Raul Castro”: This article appears today in The Miami Herald.
“Colo. site tailored for terror suspects; The federal prison already houses convicted terrorists, but some lawmakers don’t favor adding detainees”: Yesterday in The Denver Post, Felisa Cardona had this article.
“Detainees won’t remain in U.S.; Uncertainty remains as to disposition”: Monday’s edition of The Washington Times will contain an article that begins, “Vice President Joseph R. Biden Jr. said Sunday that prisoners being held at the U.S. Naval Base Guantanamo Bay, Cuba, will not be set free in the U.S. unless they are American citizens, but could not explicitly say where they might be sent.”
And The Associated Press reports that “Issue of terrorists’ rights to test Obama’s pledge.”
“U.S. plan for Guantanamo prison camp detainees: Divide and conquer; The president wants U.S. trials for some and transfer abroad for others as part of his plan to close the prison camps at Guantanamo Bay.” Carol Rosenberg has this article today in The Miami Herald.
And Time magazine has posted online an article headlined “If Not Gitmo, Then Where Should Detainees Be Held?”
Meanwhile, in commentary, the February 2, 2009 issue of The Weekly Standard will contain an essay by Stephanie Hessler entitled “What to Do About the Gitmo Detainees: The ball is in Congress’s court.”
Yesterday in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey had an op-ed entitled “The Laws of War Have Served Us Well: Our armed forces shouldn’t have to play catch and release.”
And online at The American Prospect, Aziz Huq has an essay entitled “Obama’s Minimalist Approach to Guantanamo: Obama’s executive order on closing Guantanamo is a step in the right direction; But it still doesn’t go far enough toward addressing the worst of the Bush administration’s moral and legal quagmires.”
“Obscenity case begs question: Whose standard? Extreme Associates trial may be catalyst for change.” Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an interesting article that begins, “The company under indictment for selling obscenity is in California. The undercover agent who ordered the product is in Pittsburgh. The material was carried on a computer network across the country and possibly around the world. So what community standards should be used to determine if a crime was committed?”
According to the article, the case is scheduled to begin trial on March 16, 2009 in the U.S. District Court for the Western District of Pennsylvania.
“Bush’s legal foes now Obama’s legal team”: Ben Smith has this article at Politico.com.
“N.J. ruling backs club in fatal car crash; The state Supreme Court said servers of alcohol can’t be held liable if a patron is not visibly intoxicated”: The Philadelphia Inquirer contained this article yesterday.
And The Associated Press provides a report headlined “Court: NJ group not liable in drunk-driving deaths.”
You can access last Thursday’s ruling of the Supreme Court of New Jersey at this link.
“Another Wisconsin Supreme Court race heats up”: This article appears today in The Milwaukee Journal Sentinel.
“Could Obama tap Sioux City judge?” The Sioux City (Iowa) Journal today contains an article that begins, “U.S. District Court Judge Mark W. Bennett has been involved in several high-profile Siouxland court decisions, including ruling for an adult entertainment business against the city of Sioux City. Now, he’s getting national attention as someone legal experts believe President Barack Obama should consider for a top national court position, potentially even the U.S. Supreme Court. That’s a place Bennett once argued, in 1979 as a private practice attorney.”
“Uphold the Voting Rights Act”: This editorial appears today in The New York Times.
“If there is a Supreme Court appointment this summer”: Tom Goldstein has this post today at “SCOTUSblog.”
“Guantanamo Case Files in Disarray; Situation Complicates Prison’s Closure”: This article will appear Sunday in The Washington Post.
“High court sides with Barnstable family; Civil case against Barnstable schools can proceed”: Yesterday’s edition of The Barnstable Patriot contained an article that begins, “The United States Supreme Court unanimously ruled in favor of a Barnstable family’s attempt to bring a sex discrimination suit against Barnstable Public Schools.”
And Cape Cod Today provides a report headlined “Complaint leading to Supreme Court appeal tells of harassment, indifference; Parents say boy abused daughter on Barnstable school bus for months; Lawsuit seeks $3.75 million in compensatory, punitive damages.”
Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Admiral Applauds Guantanamo Closure Order.”
And today’s broadcast of “Weekend Edition Saturday” contained an audio segment entitled “Senate OKs Bill To Bolster Equal Pay.”
RealPlayer is required to launch these audio segments.
“Q and A: Baylor professor happy to win Supreme Court case on crack cocaine sentences.” This article appears today in The Waco Tribune-Herald.
“Supreme Court may weigh corruption law; A former Chicago politician is appealing his conviction for defrauding the public of ‘honest services,’ a statute that some say is too vague”: David G. Savage will have this article Sunday in The Los Angeles Times.
“Brother campaigns for ‘enemy combatant'”: BBC News provides this report.
“Obama Reverses Rules on U.S. Abortion Aid”: The New York Times contains this article today.
The Washington Post reports today that “Funding Restored to Groups That Perform Abortions, Other Care.”
And The Los Angeles Times reports today that “Obama repeals abortion aid rule; The move lifts the ban on U.S. funding to international groups that provide abortion services; Antiabortion groups and GOP lawmakers condemn the action.”
“Kagan to leave deanship for D.C.; Howell Jackson to be Acting Dean if Kagan confirmed as Solicitor General; Alums dominate Justice Department”: This article appears in the current issue of Harvard Law Record, along with articles headlined “Sunstein named regulation czar; Hailed as world’s third greatest public intellectual as book earns accolades” and “Lessig rejoining faculty; Changing focus from IP to political corruption.”
“UMW chief blasts Alabama attorney general; State’s top prosecutor wants Harman Mining v. Massey energy appeal opposed”: The Charleston (W. Va.) Gazette contains this article today.
“Joyce claims insufficient evidence; Former Superior Court judge wants new trial”: This article appears today in The Erie (Pa.) Times-News.
