“Defense to appeal Joyce’s 46-month prison sentence”: The Erie (Pa.) Times-News has an update that begins, “A federal judge this afternoon ordered former state Superior Court Judge Michael T. Joyce to serve three years and 10 months in prison for defrauding two insurance companies of $440,000 in 2002. The defense, which wanted probation, said it will appeal.”
Jason Cato of The Pittsburgh Tribune-Review has a news update headlined “Erie judged sentenced to prison in fraud scheme.”
And The Associated Press reports that “Retired Pa. judge gets 46 months in jail for fraud.”
National Public Radio examines the use of solitary confinement in prison: This past Sunday’s broadcast of “All Things Considered” contained audio segments entitled “Ex-Prisoner Sues California Over Years In Solitary” and “Is The Use Of Maximum Security Prisons Abused?”
And yesterday’s broadcast of “Day to Day” contained an audio segment entitled “Solitary Confinement: Cruel and Inhuman.”
RealPlayer is required to launch these audio segments.
When the plaintiff and the defendant in a civil suit file cross-motions for summary judgment, and a federal district court grants the defendant’s motion and denies the plaintiff’s, what happens if the plaintiff appeals only from the denial of her summary judgment motion? In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit holds that the notice of appeal should be construed to include a challenge to the district court’s decision granting the defendant’s motion for summary judgment.
“Ninth Circuit to Hold Special Sitting in New Coeur d’Alene Courthouse”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
You can learn more about the new federal courthouse in Coeur d’Alene, Idaho here, here, and here.
The U.S. Court of Appeals for the Federal Circuit examines the federal government’s obligations to the loyal Mdewakanton band of the Sioux tribe: You can access today’s lengthy ruling at this link.
The case reaches the Federal Circuit from the U.S. Court of Federal Claims, whose rulings on the matter can be accessed here and here.
In late October 2004, Minnesota Public Radio had a report headlined “‘Loyal Mdewakantons’ win land dispute” about the first of those two rulings.
“Justice Souter’s Habit of Mind”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
C-SPAN videotaped yesterday afternoon’s panel presentation on “The Humanities in a Civil Society” at which Justice David H. Souter was a participant, and you can view it online, on-demand by clicking here.
“Alleged sleeper agent appears in US criminal court”: The Associated Press has a report that begins, “Alleged al-Qaida sleeper agent Ali al-Marri appeared in a U.S. court Tuesday to face terror charges for the first time after being held for more than five years as an enemy combatant.”
And today’s edition of The Charleston (S.C.) Post and Courier reports that “Al-Marri to go before judge; have first chance to enter plea.”
“Detainees Say They Planned Sept. 11”: This article appears today in The New York Times.
“A Key Legal Right at Risk”: Today in The Washington Post, former Vice President Walter F. Mondale has an op-ed that begins, “More than 45 years ago, as attorney general of Minnesota, I joined with the attorneys general of 21 states in asking the Supreme Court to ensure that counsel would be appointed for all people facing criminal charges who could not afford it. The court answered our plea. Yet today, its historic decision in Gideon v. Wainwright is at risk.”
“Obama Looks to Limit Impact of Tactic Bush Used to Sidestep New Laws”: Charlie Savage has this article today in The New York Times.
The Washington Post reports today that “Obama Pledges to Limit Use of Signing Statements; Bush Drew Controversy by Frequently Attaching Addendums Taking Exception to New Laws.”
The Los Angeles Times reports that “Obama orders review of Bush’s signing statements; Officials must consult the Justice Department before enforcing them; Obama also says he will limit his own use of such statements.”
USA Today contains an article headlined “Obama curbs use of signing statements; Memo: To raise constitutional issues only.”
Bloomberg News reports that “Obama Orders Reviews of Past Presidential Signing Statements.”
And at Politico.com, Josh Gerstein has a report headlined “Obama: Ignore signing statements.”
“Justices Rule on Legal Effects of Slow-Moving Cases”: Adam Liptak has this article today in The New York Times.
“NFL exempt from terrorism lawsuits; Post-9/11 law aims to foster better security”: This article appears today in USA Today.
“Supreme Court limits the reach of Voting Rights Act; The justices rule in a North Carolina case that there is no duty to draw voting districts that would elect black candidates in areas where blacks are less than a majority”: David G. Savage has this article today in The Los Angeles Times.
Jess Braven of The Wall Street Journal reports today that “Ruling Limits Scope of Voting Act; Supreme Court Decision Could Make It Harder for Some Minority Candidates to Win.”
Warren Richey of The Christian Science Monitor reports that “US Supreme Court holds to narrow interpretation of the Voting Rights Act; Critics say the ruling on ‘crossover’ districts could reduce the political clout of minorities.”
The Washington Times reports that “Justices limit reach of voting act.”
And The News & Observer of Raleigh, North Carolina reports that “Justices’ ruling could hinder black candidates.”
“Field Poll shows voters evenly divided on gay marriage”: Today’s edition of The Sacramento Bee contains an article that begins, “Four months after the passage of Proposition 8, a new opinion poll released today shows California voters almost evenly divided over same-sex marriage but significantly more accepting of it than just three years ago.”
“U.S. high court to hear suit over fees; The justices’ decision could make it easier for fund investors to challenge the levies”: This article appears today in The Los Angeles Times.
“Internet Free-for-All Promises An Ongoing Test of Free Speech”: Columnist Marc Fisher has this essay today in The Washington Post.
“Another sign of tough times: legal aid for the middle class; Among the resources available to the newly cash-strapped are online services, self-help centers and lawyers who offer group rates.” Carol J. Williams has this article today in The Los Angeles Times.
“Lawyer cowboys up for Wyoming roughnecks; The oil field is a dangerous workplace, particularly in this Western state, where courts have made it harder to hold companies liable for negligence; A small-town mayor is working to change that”: The Los Angeles Times contains this article today.
“Antonin Scalia revels in the lighter side of the law; The Supreme Court justice tells a Los Angeles audience what drew him to the profession (a comfy lifestyle) and gives lawyers some advice (keep it short)”: Carol J. Williams has this article today in The Los Angeles Times.
“Upholding of Plea Deal Questioned by Judge”: Today in The Washington Post, Jerry Markon has an article that begins, “A federal judge questioned yesterday whether the Justice Department lived up to its plea agreement with a former Florida professor convicted on a terror charge and gave his attorneys another chance to argue for dismissal of new charges that he refused to cooperate with law enforcement officials.”
“Justices Decline New York Gun Suit”: This article appears today in The New York Times.
“Court negates deal by MOVE father for payout”: The Philadelphia Inquirer today contains an article that begins, “A federal appeals court has upheld a ruling to reverse an agreement made by the father of Birdie Africa — the only child to survive the 1985 MOVE bombing — to get a lump sum of money on a settlement he reached with the city in 1991.”
And The Associated Press reports that “Court scolds firm paying advances on settlements.”
You can access last Tuesday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Anna Nicole Smith’s estate seeks high court help”: The Associated Press provides this report.
Available online from law.com: Tony Mauro reports that “Justice Stevens Holds On to Key Role at High Court.”
And in other news, “San Francisco Health Care Law Survives 9th Circuit but May Face High Court.” My earlier coverage of yesterday’s Ninth Circuit order denying rehearing en banc can be accessed here.
“Justices, 5-4, Set Limit on Sweep of Voting Law”: Adam Liptak will have this article Tuesday in The New York Times.
And in Tuesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court Restricts Voting Rights Act’s Scope; N.C. Redistricting Plan Favoring Minority Group Is Tossed.”
“Lawyers in Wone Case Call Indictment Vague”: “The BLT: The Blog of Legal Times” this evening has a post that begins, “Lawyers for three men accused of crimes related to the 2006 murder of lawyer Robert Wone are demanding more information about a three-count indictment that the attorneys say is vague and factually deficient.”
“Supreme Court denies execution stay for Cal Brown”: The Seattle Times provides this news update.
“The California Supreme Court Hearing on the Validity of Proposition 8, the Initiative Banning Gay Marriage: How the Case Implicates the Very Purpose of a Constitution, the Rule of Law, and Human Liberty Itself.” Douglas W. Kmiec has this essay online at FindLaw.
“Judges weigh whether Utah crosses are secular”: The Associated Press has a report that begins, “A federal appeals court in Denver is weighing a lawsuit over Utah’s use of crosses for roadside memorials honoring fallen highway patrol troopers, with some judges questioning Utah’s declaration that the crosses are nonreligious, secular symbols of death.”
“Court: Killer’s crime more cruel than punishment.” Bill Mears of CNN.com has a report that begins, “Two Supreme Court justices on opposite sides of the ideological aisle exchanged tough words Monday over the fate of a Florida murderer who has been on death row for 32 years.”
And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “High Court Rejects Death Penalty Case” (RealPlayer required) featuring Nina Totenberg.
Today’s order of the U.S. Supreme Court denying certiorari and the statement of Justice John Paul Stevens respecting the denial of the petition for writ of certiorari can be accessed here. Justice Clarence Thomas issued this concurrence in the denial of certiorari. And Justice Stephen G. Breyer issued this dissent from the denial of certiorari.
“Punish Judge Kent: Rogue jurist should be impeached.” This editorial appears today in The Houston Chronicle.
“Do the Supreme Court’s Current Justices Hold Sincere Views About States’ Rights? A Failure-to-Warn Case Reveals an Apparent Inconsistency.” Michael C. Dorf has this essay online at FindLaw.
“Supreme Court limits reach of Voting Rights Act; The justices, in a 5-4 ruling in a North Carolina case, say ‘cross-over’ voting districts do not have to be drawn in order to give black candidates a realistic chance of winning”: David G. Savage of The Los Angeles Times has this news update.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Settling an issue of race and politics.”
Books received in today’s mail: “Frankfurter Dilemma: A Novel,” by Ruth Kelly. The author is the wife of Tenth Circuit Judge Paul J. Kelly, who kindly served as the July 2004 interviewee in this blog’s former “20 questions for the appellate judge” feature. Peter Krumholz of the “Rocky Mountain Appellate Blog” recently gave the book a very favorable review.
And today’s mail also contained a copy of “Law School 2.0: Legal Education for a Digital Age,” by David I.C. Thomson.
“A Primer on the Jurisdiction of the U.S. Courts of Appeals, Second Edition”: Law professor Thomas E. Baker is the author of this 120-page primer (free download), published by the Federal Judicial Center.
