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Wednesday, January 23, 2008 "Justice Nomination Seen as Snub to Democrats": The New York Times on Thursday will contain an article that begins, "The Justice Department lawyer who wrote a series of classified legal opinions in 2005 authorizing harsh C.I.A. interrogation techniques was renominated by the White House on Wednesday to a senior department post, a move that was seen as a snub to Senate Democrats who have long opposed his appointment." Posted at 11:02 PM by Howard Bashman "U.S. faces challenges in an appeal of Padilla sentence": The Associated Press provides a report that begins, "U.S. prosecutors face steep legal hurdles if they appeal prison terms imposed on Jose Padilla and two other men convicted of terrorism conspiracy and material support charges because of the broad powers federal judges have to decide sentences." Posted at 09:58 PM by Howard Bashman "Musings on Medina melodrama": Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, "The drama involving the district attorney, the grand jury and the Texas Supreme Court justice descends into absurdity." Posted at 09:57 PM by Howard Bashman "$10,000 spent by Texas judge on flights draws complaint": The Houston Chronicle provides a news update that begins, "Texas Supreme Court Justice Nathan Hecht spent nearly $10,000 from his campaign cash on in-state flights last year, but said he was not commuting from a home he owns in the Dallas area. Hecht said his homestead is in Travis County but that he did travel to Dallas, Houston and other areas to speak to groups and meet with supporters." Posted at 09:54 PM by Howard Bashman "Ryan lawyers take appeal fight to U.S. Supreme Court": The Chicago Tribune provides a news update that begins, "In a final bid for a new trial, lawyers for former Gov. George Ryan urged the U.S. Supreme Court on Wednesday to overturn the sweeping corruption conviction for which he is serving a 6 ½-year prison sentence." Posted at 09:04 PM by Howard Bashman "Nader urges Rendell to reject court candidate": The "Pennsyltucky Politics Blog" of The Harrisburg Patriot-News today has a post that begins, "There's nothing like settling old scores. Gov. Ed Rendell has a new penpal and it's none other than Ralph Nader, who wrote the governor today urging him not to choose Commonwealth Court Judge James Gardner Colins to fill the Pennsylvania Supreme Court vacancy created by Chief Justice Ralph Cappy's retirement." Posted at 08:57 PM by Howard Bashman "Court clears way for UC students to get tuition refunds": Bob Egelko of The San Francisco Chronicle has a news update that begins, "Thousands of University of California students are in line for refunds of part of their 2003 tuition after the state Supreme Court rejected the university's appeal Wednesday of a ruling that said UC broke its promise to hold the fees steady." Posted at 08:53 PM by Howard Bashman "Bonds Asks for Perjury Charge Dismissal": The Associated Press provides a report that begins, "Barry Bonds asked a federal judge to dismiss perjury charges against him Wednesday, arguing the indictment is 'scattershot' and noted for its 'striking inartfulness.'" Posted at 06:10 PM by Howard Bashman "Debating a Judicial Pay Raise": Joe Palazzolo has this post today at "The BLT: The Blog of Legal Times." Posted at 03:48 PM by Howard Bashman "Missouri inmates can obtain elective abortions, appeals court rules": This article appears today in The Kansas City Star. And The St. Louis Post-Dispatch reports today that "Mo. court upholds prison abortions." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Lawyer's deep pockets in Ill. judicial race raise hackles": The St. Louis Post-Dispatch today contains an article that begins, "A Swansea lawyer is poised to spend more than $600,000 of her own money to win a Southern Illinois appellate court seat, potentially adding a new dimension to what critics say is the disturbing trend of high-priced judicial races." Posted at 03:20 PM by Howard Bashman "Patching up the DOJ": Yesterday at "The BLT: The Blog of Legal Times," Joe Palazzolo had a post that begins, "Today's confirmation hearings for Kevin O'Connor and Gregory Katsas marked the 9th and 10th Justice Department nominations to be scrutinized by the Senate Judiciary Committee since Alberto Gonzales stepped down in September." C-SPAN has posted online the video from yesterday's Senate Judiciary Committee hearing, and you can access it by clicking here (RealPlayer required). Enhancing a criminal defendant's sentence based on the conduct at issue in charges dismissed under a plea agreement is not potentially as objectionable as enhancing a criminal defendant's sentence based on acquitted conduct: Circuit Judge Jeffrey S. Sutton issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. Posted at 09:44 AM by Howard Bashman Reader email re: "Judicial Pay Raise." The following email arrived this morning: I simply wanted to write and thank you for your well reasoned and articulate response to Scott Baker's LA Times piece. I personally work as a ballet teacher, a field that has never been well compensated, and I find that the work is a great deal of the reward.The email is in response to this week's installment of my "On Appeal" column for law.com, headlined "Performance Pay for Federal Appellate Judges?" Posted at 09:14 AM by Howard Bashman "Judge blisters Harris County DA over Medina case; Says Rosenthal's error nullified the grand jury's work": The Houston Chronicle today contains an article that begins, "A judge criticized the Harris County District Attorney's Office on Tuesday for not supporting a grand jury's decision to indict a Texas Supreme Court justice and his wife for a 2007 arson that destroyed the couple's Spring home." And The New York Times reports today that "Jury Blocked From Reindicting a Justice." "Judge facing ethics complaint will try to validate trips": The Houston Chronicle today contains an article that begins, "Texas Supreme Court Justice Paul Green said Tuesday that he would try to locate records showing that 272 trips he made between the court and San Antonio over the past three years were for purposes allowed under state ethics laws." Posted at 09:05 AM by Howard Bashman "Padilla gets 17 years in 'jihad' conspiracy; Terrorism supporter Jose Padilla and two other men avoided life sentences pushed by the federal government, but they still face lengthy prison terms": Jay Weaver has this article today in The Miami Herald. Today in The South Florida Sun-Sentinel, Vanessa Blum reports that "Padilla judge criticizes U.S. for 'enemy combatant' detention." The New York Times reports that "Padilla Gets 17 Years in Conspiracy Case." The Washington Post reports that "Judge Sentences Padilla to 17 Years, Cites His Detention." The Los Angeles Times reports that "Padilla gets unexpected sentence; Rejecting life in prison for the alleged 'dirty bomber,' a judge gives him 17 years; Prosecutors call it too lenient." And USA Today reports that "'Enemy combatant' Padilla gets 17 years for conspiracy." "High court rejects investors' suit against Enron bankers": David G. Savage has this article today in The Los Angeles Times. Today in The Washington Post, Carrie Johnson and Robert Barnes report that "Court Declines Enron Investors' Appeal." The Houston Chronicle reports that "Enron plaintiffs stay in fight despite losing ruling." And in The New York Sun, Theodore Frank has an op-ed entitled "Enron: Extortion, Interrupted." "Justices Broaden Immunity for Officers": Linda Greenhouse has this article today in The New York Times. And today in The Washington Post, Robert Barnes reports that "Court Rules Inmates Can't Sue for Property Loss." "Far From Sober: Slate's defense of Linda Greenhouse." Edward Whelan has this essay today at National Review Online. Ed's essay responds to the jurisprudence essay headlined "Lay Off Linda: Why doesn't the New York Times stand up for Linda Greenhouse?" by Emily Bazelon and Dahlia Lithwick, which Slate posted online yesterday evening. "Ohio Court Debates Rights to Body Parts": The Associated Press provides a report that begins, "During an autopsy, the Hamilton County coroner removed Christopher Albrecht's brain and never put it back -- a common practice for coroners. But when Albrecht's parents learned years later that they had buried him without a brain, they filed a lawsuit that raises ethical, moral and religious questions about the treatment of one's body after death. The case, to be argued Wednesday before the Ohio Supreme Court, has drawn international attention for its ramifications to coroners, crime investigators, EMTs, funeral directors and followers of religions that espouse the importance of burying the whole body." At the wonderful web site of the Supreme Court of Ohio, you can access a preview of the case titled "Does Family Have 'Protected Right' to Recover Decedent's Organs Removed For Forensic Testing?" The case reaches Ohio's highest court on certification from the U.S. District Court for the Southern District of Ohio. You can access the briefs filed in the case via this link (scroll down). This case is the fourth of five cases to be orally argued this morning before Ohio's Supreme Court. Oral arguments get underway at 9 a.m. eastern time, and you can view them live, online via this link. Back in April 2006, I offered high praise for the Ohio Supreme Court's oral argument telecasts in an installment of my "On Appeal" column for law.com headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?" "Defamation suit unlikely to succeed; Law professors say harassment charges would stand better chance in court than those of defamation": The Yale Daily News today contains an article that begins, "The Yale Women's Center's message to Zeta Psi was clear: 'Lawyer up.' But the legal merits of a possible sexual-harassment case against the fraternity are much less clear, several legal experts told the News on Tuesday. After a picture of the fraternity's pledge class standing in front of the Center with a sign that read 'We Love Yale Sluts' surfaced on the Internet over the weekend, the Center board said Monday that it has contacted two lawyers, who tentatively agreed to work on the case pro bono." Posted at 08:18 AM by Howard Bashman "Mukasey Shows Independent Streak; Big Test Awaits Attorney General When He Testifies Before Senate Panel": This article appears today in The Wall Street Journal. Posted at 08:05 AM by Howard Bashman Available online at law.com: Tony Mauro reports that "Supreme Court Denies Review of Enron Case." In other news, "N.J. High Court Hears Pitch for Palimony Sans Cohabitation." And this week's installment of my "On Appeal" column is headlined "Performance Pay for Federal Appellate Judges?" "Ode to Howard Bashman": Attorney Scott H. Greenfield has this post today at his blog, "Simple Justice: A New York Criminal Defense Blog." Thanks for the kind words, Scott! Posted at 07:48 AM by Howard Bashman Law Professor Paul L. Caron on "the Caron process": How does the founder of the Law Professor Blogs Network do it? This post appears today at "TaxProf Blog." Posted at 07:44 AM by Howard Bashman  
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