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Thursday, July 17, 2008 Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Ruling Allows First Guantanamo Trial To Proceed" featuring Nina Totenberg. And yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Paul Goldstein's A Patently Thrilling Legal Drama" reviewing Law Professor Paul Goldstein's new novel, "A Patent Lie." "Court says jury selection was racially tainted, orders new trial": Bob Egelko of The San Francisco Chronicle has a news update that begins, "An Oakland man who was convicted of stabbing his mother in 1997 and sentenced to life in prison was granted a new trial Thursday by a federal appeals court, which said the prosecutor removed at least one black juror for racial reasons." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Trial of bin Laden's driver can proceed, judge rules": Michael Doyle of McClatchy Newspapers has this report. The New York Times provides a news update headlined "Judge Refuses to Postpone Trial of Bin Laden's Driver." The Washington Post has a news update headlined "Judge Refuses to Halt Guantanamo Detainee's Military Trial." And The Los Angeles Times has a news update headlined "Trial of Guantanamo detainee can start, judge rules; Salim Ahmed Hamdan, a former driver for Osama bin Laden, would be the first Guantanamo prisoner to come before a military tribunal; His lawyers are challenging the forum's constitutionality." "Turnout Low on First Day of Handgun Registration": The Washington Post provides this news update. First in line was Dick A. Heller, who succeeded in striking down D.C.'s handgun ban but who failed in his first attempt today at registering his handguns. Posted at 04:45 PM by Howard Bashman "Today we join the D.C. Circuit in holding that the crime of aggravated identity theft requires proof that, among other things, the defendant knew that the means of identification belonged to another person. It is not enough to prove only that the defendant knew he was using a false document." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 03:11 PM by Howard Bashman "US judge OKs first Guantanamo Bay detainee trial": The Associated Press provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Judge refuses to delay war crimes trial." In case of Salim Ahmed Hamdan, Guantanamo military commission judge denies motion to dismiss charges and motion to reconsider ruling on personal jurisdiction: I have posted online these rulings here (motion to dismiss ruling) and here (personal jurisdiction ruling). In the personal jurisdiction ruling, the military judge holds that the U.S. Supreme Court's recent ruling in Boumediene v. Bush does not mandate application of the equal protection component of the Fifth Amendment's Due Process Clause to Guantanamo proceedings. Second Circuit condemns reopening of the evidence in a federal criminal trial at the prosecution's behest after counsel had delivered their summations, the trial judge had given the jury instructions on the law, and the jury had begun deliberating: The U.S. Court of Appeals for the Second Circuit issued this decision today. Posted at 11:00 AM by Howard Bashman "Judges, taxes may not make McCain's case": Bruce Bartlett has this essay today at Politico.com. Posted at 10:55 AM by Howard Bashman "Suspect's Work With Bin Laden Alleged; FBI Agent Testifies at Pretrial Hearing": This article appears today in The Washington Post. Posted at 09:30 AM by Howard Bashman "Court blocks Medi-Cal pharmacy payment cuts": Today in The San Francisco Chronicle, Bob Egelko has this article reporting on an order that the U.S. Court of Appeals for the Ninth Circuit issued last Friday. Posted at 09:28 AM by Howard Bashman "Bid to ban gay marriage will stay on ballot, California Supreme Court rules; Activists sought to remove Proposition 8, which if passed would limit marriage to opposite-sex couples": Maura Dolan has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Challenge tossed, gay marriage ban on ballot." Howard Mintz of The San Jose Mercury News reports that "Court lets stand initiative on same-sex marriages; Now looks like voters will settle controversy." And law.com reports that "Challenge to Calif. Gay Unions Measure Fails." "Rampart revisited: A legal victory for three officers is a reminder that much of the scandal remains a costly mystery." The Los Angeles Times contains this editorial today. My earlier coverage of Monday's Ninth Circuit ruling appears at this link. "Court Orders U.S. to Halt Execution of 5 Mexicans": This article appears today in The Washington Post. And The Houston Chronicle reports today that "Texas still plans to execute killer despite U.N. order." "D.C. Tries to Finesse Gun Ruling": Columnist Marc Fisher has this essay today in The Washington Post. And the newspaper also contains an op-ed by Glenn F. Ivey entitled "A New Chance to Curb Gun Violence." "Administration Wanted Loyalist As Justice Dept. Legal Adviser; Top Officials Sought to Defend Interrogation Practices": This article appears today in The Washington Post. Posted at 08:54 AM by Howard Bashman "Citizen McCain: Does the Constitution prohibit John McCain -- who was born to two Americans in the Panama Canal Zone -- from becoming president?" Law Professor Michael I. Meyerson has this op-ed today in The New York Times. Posted at 08:42 AM by Howard Bashman "The Right to Know": The New York Times today contains an editorial that begins, "In the face of near hysterical opposition from the Bush administration, the Senate Democratic leadership intends to take up a proposed shield law to provide journalists with limited protection against being compelled to reveal confidential sources in federal court." Posted at 08:37 AM by Howard Bashman "Judges Are No Reason to Vote for McCain: The Republican candidate is not a judicial conservative." Libertarian Party presidential candidate Bob Barr has this op-ed today in The Wall Street Journal. Posted at 08:33 AM by Howard Bashman "Nichols trial move OK'd; Commission also settles suit with judge's widow": The Atlanta Journal-Constitution today contains an article that begins, "The Fulton County Commission on Wednesday approved moving the Brian Nichols murder trial to the Atlanta Municipal Court to help ensure a fair trial and settled a lawsuit with the widow of the judge he is accused of killing." Posted at 08:25 AM by Howard Bashman "Advocates Concerned About a Reporter's Court Appearance": Today in The New York Sun, Josh Gerstein has an article that begins, "A federal judge in California who has ordered a prominent reporter to divulge his confidential sources for an article about a spying investigation is now planning unusual and potentially open-ended questioning of the journalist's reporting techniques, prompting concern from First Amendment advocates." Posted at 08:10 AM by Howard Bashman Available online from law.com: An article reports that "Former SG Knocks Pro-Business Label for High Court." Shannon P. Duffy reports that "3rd Circuit Upholds Removal of Christian Protesters at Gay Pride Event." My earlier coverage of the ruling appears at this link. And in news from New Jersey, "Lawyer Faces Reprimand for Not Telling Clients He Botched Two Appeals."  
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