“Lawyer: FBI Paid Right-Wing Blogger Charged With Threats.” At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A notorious New Jersey hate blogger charged in June with threatening to kill judges and lawmakers was secretly an FBI ‘agent provocateur’ paid to disseminate right-wing rhetoric, his attorney said Wednesday.”
“This case raises an Establishment Clause challenge to religious displays at a contract postal unit operated by a church in Manchester, Connecticut.” So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.
The court’s opinion holds that an Establishment Clause violation occurred and requires by way of remedy that “the postal counter be free of religious material, and that visual cues distinguish the space operating as a postal facility from the space functioning as the private property of the Church.”
Available online from law.com: An article reports that “3rd Circuit Appeal Challenges Judge’s Outside Research in Bench Trial.”
In other news, “Broadcom Co-Founder Fights to Keep Appeal Secret.”
And an article reports that “Lawyers, Journalists Ask U.S. Supreme Court to Review Voir Dire Closing.”
“Appeals court overturns Holocaust looted-art law, but Norton Simon suit continues”: This post appears at the “Culture Monster” blog of The Los Angeles Times.
Bob Egelko of The San Francisco Chronicle has a blog post titled “Holocaust art ruling.”
And The Pasadena Star-News reports that “Legal fight over Norton Simon art can go forward, court rules.”
You can access yesterday’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Planned Parenthood worries SD clinic may shut down”: The Associated Press provides this report.
“Texas Judge Denies Fault in Handling of Appeal”: Thursday’s edition of The New York Times will contain an article that begins, “Accused of denying a condemned man the chance for a last appeal hours before the state’s lethal drug cocktail stopped his heart, the highest-ranking criminal judge in Texas was called to the witness stand on Wednesday for the second day to defend her decision, her reputation and potentially her job.”
Texas Lawyer has an article headlined “Finger-Pointing Abounds at Hearing Into Misconduct Claims Against Texas Judge; Court of Criminal Appeals Judge Sharon Keller is accused of ignoring a last-minute appeal that could have halted the execution of a death row inmate in 2007.”
And The Associated Press reports that “Judge stands by closing ahead of death-row appeal.”
“Abortion Law Backers Vow Oklahoma Appeal”: This article will appear Thursday in The New York Times.
The Oklahoman reports today that “Oklahoma’s abortion law falls in court; Judge cites rule violation.”
And The Tulsa World reports today that “Judge tosses abortion law; The measure was intended to require a woman seeking an abortion to have an ultrasound.”
“Judge sets January trial for Prop. 8 lawsuit”: Bob Egelko of The San Francisco Chronicle has this news update.
Howard Mintz of The San Jose Mercury News has an update headlined “January trial set for U.S. court challenge to California’s gay-marriage ban.”
The Christian Science Monitor reports that “Date set for challenge of California gay-marriage ban; On Jan. 11, the two lawyers who argued the Bush v. Gore in 2000 will begin their case against Proposition 8.”
And The Associated Press reports that “Judge sets January trial date for Prop. 8 case.”
“Harriet Miers Takes Another Crack at the U.S. Supreme Court”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”
“Lawyers in Ricci case square off again”: This article appears today in The New Haven Register.
“Under questioning, Keller denies violating court rules in death row case; In not allowing a late appeal, judge says it was ‘a close call’ but the right decision”: Chuck Lindell has this article today in The Austin American-Statesman.
And today’s edition of The San Antonio Express-News contains an article headlined “Judge Keller tells her side of the story.”
“A Conservative’s Road to Same-Sex Marriage Advocacy”: Today’s edition of The New York Times contains an article that begins, “Theodore B. Olson’s office is a testament to his iconic status in the conservative legal movement.”
“After Settlement in Amtrak Case, Opinions Erased From Lexis and Westlaw”: Shannon P. Duffy will have this article Wednesday in The Legal Intelligencer.
“Law Requiring Ultrasounds for Abortions Is Struck Down; Oklahoma Judge Says Measure Violates State Constitution”: This article will appear Wednesday in The Washington Post.
And The Tulsa World has a news update headlined “Abortion ultrasound law tossed.”
“Keller still on stand after Day 2 of hearing”: The San Antonio Express-News has this update.
And The Associated Press has a report headlined “Judge: Closing court before appeal wasn’t a ruling.”
“Sotomayor’s first Supreme Court vote doesn’t halt execution; Newly seated justice joins three liberals in unsuccessful attempt to stop death of convicted hit man Jason Getsy, who was put to death Tuesday”: David G. Savage will have this article Wednesday in The Los Angeles Times.
In Wednesday’s edition of The New York Times, Adam Liptak will have an article headlined “Sotomayor Casts First Vote on Court.”
And in other news, E! Online reports that “J.Lo Throws Dinner Party for Sonia Sotomayor.”
“Debating campaign speech: In a key case, the Supreme Court could repair campaign-finance law without relaxing needed regulation.” This editorial appears today in The Los Angeles Times.
“Microsoft asks court to hold off on Word ban”: The Associated Press has a report that begins, “Microsoft Corp. is asking the U.S. Court of Appeals for the Federal Circuit to allow it to keep selling Word software as it fights an unfavorable patent ruling.”
“As between the prosecutor and the trial judge, who determines which conviction to vacate when a defendant has been convicted of multiplicitous offenses in violation of the Double Jeopardy Clause?” A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers “the trial judge” in a decision issued today.
“Lawyer: FBI Trained Hal Turner As An ‘Agent Provocateur.'” The Hartford Courant has this news update.
And The Associated Press has a report headlined “Attorney: FBI trained NJ blogger to incite others.”
“Deposition could help Keller”: The San Antonio Express-News has an update that begins, “When lawyers for death row inmate Michael Richard attempted to file a last-minute appeal with Texas’ highest criminal court on the night of his execution, they were stymied by Judge Sharon Keller, prosecutors said Monday as Keller’s judicial misconduct hearing began.”
And The Associated Press reports that “Lawyers spar in trial of judge over death-row case.”
“The Ninth Circuit’s Erroneous Analysis of Computer Searches in United States v. Payton“: Law professor Orin Kerr has this post today at “The Volokh Conspiracy” about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last month.
“Appeals court overturns ex-Brocade CEO Gregory Reyes’ conviction”: Howard Mintz of The San Jose Mercury News has an update that begins, “A federal appeals court today reversed the stock-option backdating convictions of former Brocade Communications Chief Executive Gregory Reyes, concluding that his 2007 trial was tainted by prosecutorial misconduct.”
The Associated Press reports that “Appeals court orders new trial in Brocade case.”
And Bloomberg News reports that “Ex-Brocade Chief Gregory Reyes Wins Bid for New Trial.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“‘Wise Latina’ wins pop culture support”: The Associated Press has this report.
“Fellow judge says Keller violated procedure in death row case; Former court counsel Ed Marty’s statement could raise doubts”: Chuck Lindell has this article today in The Austin American-Statesman.
And The Associated Press reports that “Judge plans to testify at death-row appeal trial.”
“Appeals court takes up NFL suspensions case”: The Associated Press has a report that begins, “The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league’s anti-doping policy.”
Previously, The Minneapolis Star Tribune reported that “Williamses case waits for federal panel’s ruling; The Vikings’ All-Pro defensive tackles are eligible to play while determining if district or state court will hear the case.”
“Ohio executes triggerman in murder-for-hire scheme”: The Associated Press has this report, along with Jesse J. Holland’s related article headlined “Sotomayor on losing end in Ohio man’s death appeal.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Sotomayor’s first vote on death penalty.”
You can access yesterday’s order of the U.S. Supreme Court at this link.
“Supreme Court Orders New Look at Death Row Case”: Adam Liptak will have this article Tuesday in The New York Times.
Tuesday’s edition of The Los Angeles Times will contain an article headlined “Supreme Court orders new hearing for Georgia death row inmate; The surprising move may indicate that the federal justice system is moving away from its conservative position on death penalty appeals.”
And law.com reports that “Split Supreme Court Orders Review of Death Row Inmate’s Claims That Witnesses Recanted Testimony.”
“Texas Judge Goes to Trial Over Execution”: This article will appear Tuesday in The New York Times.
“Judge’s hearing begins amid protests”: The San Antonio Express-News has an update that begins, “As attorneys for both sides delivered lengthy opening statements Monday morning in the public inquiry of embattled Texas Court of Appeals Judge Sharon Keller, they agreed on at least one thing.”
And The Associated Press reports that “Judge on trial says another aware of late appeal.”
“Court orders new look at Taster’s Choice lawsuit”: The Associated Press has a report that begins, “The California Supreme Court wants a trial court to come back to a long-running dispute over the use of a former model’s image on Taster’s Choice coffee labels.”
My earlier coverage of today’s Supreme Court of California ruling appears at this link.
“Anti-Empathy, Anti-Judge Goes on Trial”: CBS News legal analyst Andrew Cohen has this installment of his “CourtWatch” column today.
“Gay marriage supporters tangle over legal strategy”: In today’s edition of The San Jose Mercury News, Howard Mintz has an article that begins, “As a federal judge this week tries to herd the legal challenge over Proposition 8 toward a trial, one of his tasks will be to sort through the simmering tensions over legal strategy within the pro-gay marriage movement.”
And The Associated Press reports that “Obama disses marriage law as Justice defends it.”
“Prosecutors file arguments for Bonds evidence”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Federal prosecutors in the perjury case against former Giants star Barry Bonds have made their final written plea to a federal appeals court to allow potentially crucial evidence tying Bonds to drug tests that allegedly showed he used steroids.”
“Sixteen years later, Christoff saw his face on a jar of Taster’s Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years.” The Supreme Court of California today issued its ruling in the case captioned Christoff v. Nestle USA, Inc.
According to today’s ruling, “The trial court applied a two-year statute of limitations and instructed the jury to determine under the discovery rule whether Christoff knew or should have known earlier that Nestle had used his image. The jury found that Christoff did not know, and should not reasonably have suspected prior to seeing the jar, that his image was being used without his consent and awarded him more than $15 million in damages.”