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Tuesday, April 18, 2006 "Microsoft Cleared in Class-Action Lawsuit": The Associated Press provides this report, which at present attributes authorship of today's ruling to the wrong Fourth Circuit judge. Posted at 10:22 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Moussaoui Defense Questions His Mental Health." And today's broadcast of "Morning Edition" contained segments entitled "Skilling Testimony at Odds with Prosecutor's Facts"; "Former Illinois Governor Is Found Guilty of Fraud"; and "Former Professor Pleads Guilty to Terrorist Charge." RealPlayer is required to launch these audio segments. Even in the Fifth Circuit, a criminal defense attorney's failure to strike two members of the jury pool who expressly admitted an inability to serve as fair and impartial jurors constitutes ineffective assistance of counsel: Today's ruling of the U.S. Court of Appeals for the Fifth Circuit, reversing a federal district court's denial of the writ of habeas corpus, can be accessed at this link. Posted at 08:40 PM by Howard Bashman Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Review of displays in courts OKd; Judges to decide if buttons with victim's photo taint a fair trial"; "9th Circuit asylum decision called premature; Immigration courts must address case first"; and "Judge rules against Christian group." Posted at 07:54 PM by Howard Bashman "Judge rules against Kline on teen sex case": The Wichita Eagle provides a news update that begins, "A federal judge in Wichita ruled this afternoon that the Kansas attorney general overstepped the intent of lawmakers in a legal opinion concerning the sexual privacy of teenagers." And The Associated Press reports that "Judge Rules for Kan. Abortion Rights Group." You can access today's ruling of the U.S. District Court for the District of Kansas at this link. Reminder of impending blog move: On Thursday, April 20, 2006, this blog will be moving to a new online address hosted by law.com. So how will you find this blog's new online address? You can come here as you ordinarily do, and when you see at the very top of this page my final post tomorrow night advising that you should visit this blog at its new online address, you can click on the link that I will provide to take you to the location where my newest posts will appear. Or, you can browse to www.appellateblog.com, which will be updated to forward you to the blog's new address once the address takes effect on Thursday, April 20th. Posted at 06:02 PM by Howard Bashman "Judge Allows Device to Be Used for Monitoring Lethal Injection": This article appears today in The New York Times. And The News & Observer of Raleigh, North Carolina today contains an article headlined "Judge: State can execute Brown; The convicted killer's lawyers argued drugs used in lethal injections don't fully sedate the person." You can access yesterday's ruling of the U.S. District Court for the Eastern District of North Carolina at this link (via "Ohio Death Penalty Information"). "San Francisco's 1906 Earthquake and Fire Remembered": The Ninth Circuit's web site offers this commemoration of the earthquake that occurred exactly one hundred years ago today. Posted at 05:25 PM by Howard Bashman Judges who have cited law blogs now graciously answer questions about citing to law blogs: At "3L Epiphany," Ian Best has posts titled "Justice Judith Lanzinger (Ohio Sup. Ct.): 'The Future Will Belong to the Flexible'" and "Judge Richard Kopf (D. Nebraska): Legal Blogs Will Fill the Practicality Gap." I had the pleasure of meeting Justice Lanzinger last month during my visit to Columbus, Ohio, and (if memory serves) I had the pleasure of meeting Judge Kopf while participating in an Eighth Circuit event in St. Louis in September 2004. Posted at 05:00 PM by Howard Bashman "Supreme Court Debates Defendants' Right to Lawyer of Choice": law.com's Tony Mauro provides this news update. Posted at 04:35 PM by Howard Bashman "O'Connor: Looking Back On A Career." As noted here, this past Sunday's broadcast of the CBS Evening News included an interview with Justice Sandra Day O'Connor. Via this post today at the CBS News blog "PublicEye," you can view the interview online in two parts -- part one and part two (RealPlayer required). Additional excerpts from the interview that didn't make the broadcast can be viewed here (RealPlayer required). Posted at 04:20 PM by Howard Bashman "Slate's Jurisprudence: U.S. Supreme Court TV." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:38 PM by Howard Bashman "Justices Weigh Defendants' Right to Lawyer": Gina Holland of The Associated Press provides a report that begins, "The Supreme Court used a Hollywood example - the bumbling attorney in 'My Cousin Vinny' - in debating a case Tuesday about an accused man's right to pick his own lawyer." Posted at 03:25 PM by Howard Bashman U.S Court of Appeals for the Fourth Circuit holds that those who purchased computers from OEMs or retailers with preinstalled software cannot sue Microsoft for allegedly using its monopoly power in the operating system market to raise prices and to leverage its power into other markets: Illinois Brick fans (and others) can access today's ruling at this link. Posted at 03:05 PM by Howard Bashman Today's 164-page federal appellate court ruling: The U.S. Court of Appeals for the Second Circuit stakes its claim for the longest opinion of the day. No deduction has been made to account for the fact that page 79 is blank. Update: The Second Circuit has posted a corrected version of the opinion eliminating blank page 79, and thereby reducing the total length of the opinion by one page. For those who must see the original version containing blank page 79, FindLaw makes it available here. "J. Clifford Wallace, a senior judge on the U.S. Court of Appeals for the Ninth Circuit, has been selected as the 2005 recipient of the Edward J. Devitt Distinguished Service to Justice Award": Details here. Posted at 02:33 PM by Howard Bashman "Former Illinois Governor Is Convicted in Graft Case": This article appears today in The New York Times. The Washington Post reports today that "Ryan Guilty of Corruption; Ex-Governor of Illinois Convicted of Racketeering, Fraud." The Los Angeles Times reports that "Former Illinois Governor Convicted of Corruption; After a lengthy trial, George H. Ryan is found guilty on all counts and faces 95 years in prison; It's another triumph for U.S. Atty. Fitzgerald." The Chicago Tribune contains articles headlined "Ryan guilty"; "Small details painted picture of corruption"; "History will offer final verdict; Death Row stand, conviction keys in complicated career"; "Corruption case bloomed from seeds of Safe Road probe"; "A long wait, but a swift outcome; After 7-month trial, fate read in minutes"; "'We'll keep chasing them'; U.S. wins round against graft, but fight isn't over"; "Juror replacement is key to challenge"; "Panel could end $200,000-a-year pension for Ryan"; "Verdict is talk of the town where Ryan makes home"; and "Different view, different result? Disappointment and frustration." The Chicago Tribune also contains an editorial entitled "George Ryan, convicted felon." Columnist Eric Zorn has an op-ed entitled "Verdict also in for Ryan trial cynics: You lose." And John Kass has an essay entitled "This verdict no ordinary act of justice." The Chicago Sun-Times contains articles headlined "Guilty on all charges"; "Ryan guilty"; "Will other politicians feel 'shivers' from verdict?"; "Panel finally found common ground"; "Warner: I needed a separate trial"; "Dismissed juror: Some on panel weren't 'fair'"; "Kankakee transfixed, passionately split on verdict"; and "Parents who lost 6 kids in crash surprised by verdict." And in commentary, The Chicago Sun-Times contains an editorial entitled "Resounding verdict shows scope of Ryan's misdeeds." Columnist Michael Sneed's has an essay reporting on his "lunch with George Ryan." Columnist Carol Marin has an essay entitled "Ryan is the latest, but likely not the last." Columnist Mark Brown has an essay entitled "Willis lawyer: 'It was always about the children.'" And columnist Mary Mitchell has an essay entitled "Six children paid ultimate price for culture of corruption." The Miami Herald is reporting: Today's newspaper contains articles headlined "High court won't hear detained Muslims' case; The U.S. Supreme Court sidestepped the case of Guantanamo's Chinese Muslim captives, letting a lower court decide what to do about their unlawful indefinite detention" and "Broward judge orders unsealing of hidden case; A judge opened up one of the 107 Broward circuit cases mysteriously hidden since 2001, ruling the case file contained no reason for such secrecy." Posted at 02:14 PM by Howard Bashman "Al-Arian's plea ends an ordeal; He agreed to a single count of conspiracy to end his family's turmoil, his attorney says": This article appears today in The St. Petersburg Times. The Tampa Tribune reports today that "Al-Arian Admits His Role In Jihad." The Orlando Sentinel contains an article headlined "Al-Arian deal: He admits ties to terror group; The federal plea agreement links him to the Palestinian Islamic Jihad." And The Washington Post reports that "Former Fla. Professor to Be Deported." "The Constitutional Right to Be a Bum; More nonsense from the Ninth Circuit Court of Appeals": "Jack Dunphy" has this essay today at National Review Online. Posted at 01:12 PM by Howard Bashman "Rosenstein linked to vacancy on 4th Circuit; Sarbanes, Mikulski prefer he remain as U.S. attorney for Md.": This article appeared yesterday in The Baltimore Sun. Posted at 01:10 PM by Howard Bashman Double jeopardy does not prohibit retrial after a federal district court granted a mistrial because the criminal defendant refused to waive his right to conflict-free defense counsel but demanded that an apparently conflict-laden attorney remain as counsel: Today's ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link. Posted at 01:00 PM by Howard Bashman "Moussaoui Mocks Psychologist's Testimony": The Associated Press provides this report. Posted at 12:50 PM by Howard Bashman "Justice Delayed: How Long Should an Appellate Court's Ruling Take?" You can access this month's installment of my "Upon Further Review" column, published in The Legal Intelligencer, at this link. Posted at 11:00 AM by Howard Bashman Another benefit of marriage -- Kentucky state prisoner serving life sentence for murder has his conviction vacated on habeas appeal to U.S. Court of Appeals for the Sixth Circuit: Today's opinion begins: Elem Ray Fulcher, currently serving a life sentence for murder, burglary, and robbery, appeals the denial of his petition for a writ of habeas corpus. The evidence against Fulcher included statements from a police station interview with his then girlfriend, Patricia Sue Ash, taped soon after the crime. The couple later married; Ash invoked marital privilege under Kentucky law and was thus unavailable for cross-examination at Fulcher's trial. Fulcher contends that the admission of Ash's statements violated his rights under the Sixth Amendment's Confrontation Clause, according to both the clearly established law at the time and the later case of Crawford v. Washington, 541 U.S. 36 (2004), which he argues should apply retroactively. We find that the admission of Ash's statements did violate Fulcher's clearly established rights and that the error was not harmless.In addition, Circuit Judge Eric L. Clay has filed a concurring opinion in which he argues that the Crawford ruling should be applied retroactively on habeas and that an earlier Sixth Circuit ruling apparently rejecting that result without extended discussion ought not bind future three-judge panels of that court. Attorney Chad A. Readler briefed and argued the case on behalf of the prisoner. Coincidentally, Chad was also responsible for my visit last month to Columbus, Ohio. View a video: The so-called second highest court in the land has finally jumped on the web video bandwagon. Via the web site of the U.S. Court of Appeals for the D.C. Circuit, you can view online video of "Judge Brown's Investiture"; "Judge Edwards's Portrait Ceremony"; and "Judge Griffith's Investiture." Posted at 10:05 AM by Howard Bashman "High court skips Falwell Web site case": c|net News.com provides this report. The New York Daily News reports today that "Gay man wins Internet fight vs. Falwell." And today's edition of The Republican of Springfield, Massachusetts contains an editorial entitled "Court backs expression in Falwell Web ruling." "Moussaoui's Childhood Is Presented as Mitigating Factor": Neil A. Lewis has this article today in The New York Times. The Washington Post reports today that "Sister, Experts Testify on Moussaoui's Troubled Childhood." The Los Angeles Times reports that "Moussaoui's Sisters Defend 'Sweetheart'; Both are mentally ill and institutionalized in France; They describe an abusive family." USA Today reports that "Moussaoui jury told of family." And The Richmond Times-Dispatch reports that "Moussaoui's youth detailed; Sisters testify he was a happy boy; something changed in the 1990s." "Court OKs access to church records; But rejects case of two Muslims at Guantanamo": Charlie Savage has this article today in The Boston Globe. Posted at 07:20 AM by Howard Bashman "U.S. Takes First Shots at Skilling": The New York Times contains this article today. The Washington Post reports today that "Skilling's Credibility Is on the Stand; Enron Prosecutors Hammer at Inconsistencies on First Day of Cross-Examination." The Los Angeles Times reports that "Skilling Is Pressed on Stock Sales; Enron's former CEO defends his transactions during a contentious day on the witness stand." Mary Flood of The Houston Chronicle reports that "Skilling cool despite intensified questioning; The ex-CEO insists he isn't tailoring answers to fit the case." And USA Today reports that "Skilling hit with surprise questions; Outside deal, meeting with Lay disclosed." "Free the Uighurs": This editorial appears today in USA Today. Posted at 07:14 AM by Howard Bashman "Right result, wrong reason": The Los Angeles Times today contains an editorial that begins, "At first glance, news that a federal appeals court has blocked Los Angeles police from arresting people for sleeping on the sidewalks may seem like a big deal." And the newspaper today also contains an op-ed by Jan Perry entitled "ACLU's victory is a loss for skid row." "Justices to Rule on Photos at Trial; An appeals panel threw out the conviction of a California man because family members wore buttons displaying the victim's picture in court": David G. Savage has this article today in The Los Angeles Times. Posted at 07:05 AM by Howard Bashman "Justice Kennedy Goes Too Far; Misreading the Constitution in a self-serving cause": The Washington Post today contains an editorial that begins, "Justice Anthony M. Kennedy has complained recently that editorial writers seem to mouth off on his opinions without having read them. So we listened to his congressional testimony about cameras in the Supreme Court chamber with particular care to make sure we understood him properly." Posted at 07:00 AM by Howard Bashman "Ethics Lapses by Federal Judges Persist, Review Finds; Violations Involve Stock Holdings And Free Trips": Joe Stephens has this article today in The Washington Post. Posted at 06:55 AM by Howard Bashman "Justices Weigh Whether Railroad Retaliated Against Worker": Linda Greenhouse has this article today in The New York Times. In The Washington Post, Charles Lane reports that "High Court Weighs Retaliation at Work; Harassment-Case Standard Unclear." In USA Today, Joan Biskupic reports that "High court weighs case on retaliation in workplace; Woman transferred after harassment complaint."  
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