Who says the U.S. Court of Appeals for the Federal Circuit doesn’t hear interesting cases? Francisco Javier Rivera Agredano purchased a 1987 Nissan Pathfinder from the federal agency known as U.S. Customs and Border Protection. The agency had obtained the automobile via forfeiture after the Pathfinder’s former owner attempted to transport marijuana across the Mexican border into the United States.
Unbeknownst to both Customs and Agredano, the Pathfinder contained additional marijuana in a hidden compartment that Customs failed to locate. Later, when Agredano and his brother-in-law were traveling in the vehicle in Mexico, they came upon a checkpoint operated by Mexican soldiers. The soldiers operating the checkpoint were a bit more thorough than U.S. Customs, and as a result both men were arrested and spent nearly a year in prison before being exonerated by a Mexican appellate court on January 10, 2003.
Today’s appellate court ruling, by contrast, fails to deliver good news for Agredano, as the Federal Circuit has reversed a U.S. Court of Federal Claims decision in Agredano’s favor. The trial court had ruled that Agredano’s contract to purchase the vehicle contained an implied-in-fact warranty that the vehicle did not contain contraband and that Customs breached the warranty.
In coverage of the Court of Federal Claims’ earlier ruling, the August 18, 2008 edition of The San Diego Union-Tribune reported that “Man who bought car full of pot wins case; U.S. purchase led to year in Mexican jail.”
“Rigases fight second trial in US appeals court”: The Associated Press has a report that begins, “Justice Department efforts to pursue a second fraud trial for an imprisoned cable television mogul and his son amount to constitutionally prohibited double jeopardy, a defense lawyer argued Wednesday before an 11-judge U.S. appeals panel.”
The case was reargued en banc today in the U.S. Court of Appeals for the Third Circuit.
“Judge’s confirmation one of many stalled; Filibusters slow U.S. Senate in approving jurists, including Vanaskie of Clarks Green”: Today’s edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, “In December, the Senate Judiciary Committee voted 16-3 in support of the nomination of U.S. District Judge Thomas I. Vanaskie to the 3rd U.S. Circuit Court of Appeals. The Clarks Green resident’s nomination was sent to the full Senate awaiting a confirmation vote. More than two months later, no action has been taken.”
“Lifers’ fates rest with N.C. Supreme Court”: The News & Observer of Raleigh, North Carolina today contains an article that begins, “The fate of dozens of inmates sentenced to life in the 1970s is now in the hands of seven Supreme Court justices who grilled an attorney for the state Tuesday about how prison officials have handled credits for good behavior.”
“Starr receives warm welcome at introduction to Baylor University community”: This article appears today in The Waco Tribune-Herald, along with an article headlined “That’s Kent with a ‘T’: Local dentist says there’s room for plenty of Starrs in Waco.”
The Fort Worth Star-Telegram reports today that “Some worry how Starr appointment will affect Baylor.”
And The Lariat, the student newspaper of Baylor University, contains articles headlined “Welcoming Kenneth Starr” and “Students protest ‘controversial’ president.”
“‘Life’ definition petitioned; Ballot push seeks to challenge Roe v. Wade”: The Clarion-Ledger of Jackson, Mississippi contains this article today.
And in related news, The Associated Press reports that “Nevada ‘personhood’ advocates appeal court ruling.”
“Justice backs selection bill; He says it would ‘probably’ be beneficial to give the governor authority to pick chief justice”: This article appears today in The Salt Lake Tribune.
“Speeding case in Supreme Court; Fairlawn man challenging whether police officer can issue ticket based on sight, not radar gun”: Today’s edition of The Akron Beacon Journal contains an article that begins, “Many people vow they’re going to fight their speeding ticket all the way to the Supreme Court. Today, Fairlawn entrepreneur and motorist Mark Jenney will have his day in court.”
The web site of the Supreme Court of Ohio has a preview of the case headlined “Is Trained Officer’s Visual Estimate of Vehicle Speed Sufficient to Support Conviction for Speeding?”
“U.S. Supreme Court: Will Lilly Ledbetter be black firefighters’ heroine?” UPI has this report.
“Poll: Large majority opposes Supreme Court’s decision on campaign financing.” The Washington Post has a news update that begins, “Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”
And Gary Langer of ABC News has a blog post titled “In Supreme Court Ruling on Campaign Finance, the Public Dissents.”
You can access the poll questions and results at this link.
“Senate Republicans Wage Stealth War Over Judges”: David Ingram of The National Law Journal has this report.
“Students sue to restore affirmative action at UC”: Josh Richman of The Oakland Tribune has this news update.
And The Associated Press reports that “Calif race-based admissions law challenged anew.”
“Scalia: ‘There Is No Right to Secede.'” Eric Turkewitz has this interesting post today at his “New York Personal Injury Law Blog.”
“Gay divorce case draws attorney general’s attention; Couple married in Massachusetts wants divorce in Travis County”: Today’s edition of The Austin American-Statesman contains an article that begins, “Texas Attorney General Greg Abbott has intervened in a first-of-its-kind Travis County same-sex divorce case, arguing that the women involved, who were married in another state, may not be legally granted a divorce because Texas law defines marriage as between a man and a woman.”
You can access the intervention petition of the State of Texas at this link.
“An increase in the Court’s summary docket”: Kevin Russell has this post at “SCOTUSblog.”
“Fulton wins ruling in effort to ban alcohol at strip clubs”: Bill Rankin of The Atlanta Journal-Constitution has this news update reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
“Terrorism Trials Pose Dilemma For U.S.” This audio segment appeared on yesterday evening’s broadcast of NPR’s “All Things Considered.”
And at Politico.com, Josh Gerstein has a report headlined “Lindsey Graham: White House mulling indefinite detention.”
“Ternus: Keep judges insulated from politics.” Today’s edition of The Waterloo-Cedar Falls Courier contains an article that begins, “Top Iowa judicial and legal officials Monday warned against efforts to politicize the state’s process for selecting judges or turn judicial retention votes into referenda on particular decisions.”
And Radio Iowa has a report headlined “Chief Justice says retention vote will be a test of the system” that begins, “The Chief Justice of the Iowa Supreme court says this fall’s retention election for three of the state’s seven justices will be the test of a generation. The state’s high court has faced heavy criticism after striking down the law that banned on same sex marriage.”
“Clash Of the Titans”: Today in The Wall Street Journal, ABC News correspondent Jonathan Karl has this review of law professor Ken Gormley‘s new book, “The Death of American Virtue: Clinton vs. Starr.”
“Starr named 14th president; Pepperdine dean will take office June 1”: The Lariat, the student newspaper of Baylor University, contains this article today, along with articles headlined “Starr’s resume illustrates his life” and “The road we took; Baylor began the arduous process of looking for a president 19 months ago” and an editorial entitled “Starr is an unconventional, but positive addition.”
“Panel OKs end to ‘merit selection’ for judges”: Howard Fischer has this article today in The East Valley (Ariz.) Tribune.
“Conrad Black gets some rare good news”: Steven Skurka has this essay at CTV.ca.
“Asian-Carp Threat Stirs Rethink of Century-Old Feat; Great Lakes States Want to Effectively Undo a Historic Project and Cut Link to Mississippi River to Fend Off Invasive Fish”: This article appears today in The Wall Street Journal.
“Palestinians reverse on terror victim”: At Politico.com, Josh Gerstein has an article that begins, “In a highly unusual step likely to come as a significant relief to U.S. officials, the Palestinian Authority has quietly paid an undisclosed amount to settle a lawsuit by the widow of an American killed in Israel in 2002.”
“Justice Breyer analyzes rule of law in Yale talk”: The New Haven Register contains this article today.
And The Yale Daily News reports today that “Breyer discusses Court’s history.”
“Justice Kennedy on Prisons”: This editorial appears today in The New York Times.
“Initiatives trample rights, Justice Moreno says”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, ”
Ballot initiatives have been used to mislead the public and trample on the rights of minorities, says Carlos Moreno, the only California Supreme Court justice who voted to overturn the state’s ban on same-sex marriage.”
“Student Suspended for Facebook Page Can Sue”: Tuesday’s edition of The New York Times will contain an article that begins, “A South Florida teenager who sued her former principal after she was suspended for creating a Facebook page criticizing a teacher can proceed with her lawsuit, a federal judge has ruled.”
And The Miami Herald has a news update headlined “Judge: Student’s Facebook rants about teacher are protected speech; A teenager’s venting about her teacher on a social networking site falls under the umbrella of the First Amendment, a federal judge ruled.”
I have posted at this link Friday’s ruling of the U.S. District Court for the Southern District of Florida.
“Federal suit planned against UC over ban on affirmative action; Activists challenge Proposition 209, charging that the 1996 law on university admissions violates right to equal protection under the Constitution”: The Los Angeles Times has this news update.
“Breyer at YLS: Why does the Supreme Court work?” The Yale Daily News has this update.
“Sources: Starr named Baylor University president.” The Waco Tribune-Herald has a news update that begins, “Kenneth W. Starr, the former independent counsel whose work led to the impeachment of then-President Bill Clinton, was named president of Baylor University this morning, sources said.”
Carol J. Williams of The Los Angeles Times has a news update headlined “Kenneth Starr leaving Pepperdine Law School to become Baylor president.”
The Associated Press reports that “Ex-Clinton prosecutor Starr named Baylor president.”
At Politico.com, Josh Gerstein reports that “Ken Starr to head Baylor University.”
And Baylor University has today issued a news release headlined “Introducing Judge Ken Starr, 14th President of Baylor University.”
“Damages: Bill Clinton’s Legal Mess.” In Monday’s edition of The New York Times, Janet Maslin will have this review of law professor Ken Gormley‘s new book, “The Death of American Virtue: Clinton vs. Starr.”
Additional reviews of the book have recently appeared in The Pittsburgh Post-Gazette and The Minneapolis Star Tribune.
“‘Obscene’ U.S. Manga Collector Jailed 6 Months”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A U.S. comic book collector is being sentenced to six months in prison after pleading guilty to importing and possessing Japanese manga books depicting illustrations of child sex and bestiality.”
And Anime News Network reports that “Christopher Handley Sentenced to 6 Months for ‘Obscene’ Manga.”
“Juror regrets racy candy that fed killer’s appeal; U.S. Supreme Court orders new look into 1993 rape-murder trial”: In yesterday’s edition of The Atlanta Journal-Constitution, Bill Torpy and Bill Rankin had an article that begins, “The U.S. Supreme Court had two options: Let killer Marcus Wellons’ execution go forward or try to get to the bottom of a bizarre episode in American jurisprudence.”
“Supreme Court Justice Stephen Breyer to Lecture at YLS Feb. 15-16”: Yale Law School has issued this news release.
