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Tuesday, July 31, 2007 "Uncertainty Now in a Golden Youth's Trajectory": In Wednesday's edition of The New York Times, Linda Greenhouse will have an article that begins, "No matter what his doctors eventually tell John G. Roberts Jr., or the world, about the diagnosis and outlook for his seizure disorder, it is clear that something changed irrevocably following the 52-year-old chief justice's momentary loss of consciousness on a vacation island dock on Monday afternoon. He lost his privacy, and with it the aura of invincibility that came with his youthful good looks and spectacular career path." In addition, Denise Grady and Lawrence K. Altman will have an article headlined "After Seizure, Roberts Faces Hard Decision." Pawtucket Red Sox 5, Columbus Clippers 4 (10 innings): Doug Berman of the "Sentencing Law and Policy" blog and I had the pleasure of watching Curt Schilling of the Boston Red Sox pitch seven scoreless innings tonight in what is expected to be Schilling's final minor league appearance before returning to the big leagues. Although the home team managed four hits off of Schilling, it was not until the bullpen of the PawSox took over that the Clippers managed to tie the game, plating four runs in the bottom of the eighth. But Columbus, despite having chances, failed to score the go-ahead run in that half inning, and the PawSox took the lead and earned the victory in the 10th inning. Schilling, despite the strong outing, received a no-decision. You can access the box score at this link, while a wrap is available here. And The Associated Press reports that "Schilling strong in 3rd rehab start." Update: MLB.com reports that "Schilling says he's ready to go; After strong rehab start, veteran could rejoin Red Sox's rotation." The Boston Globe reports that "Schilling right on target; Final rehab start silences doubts." The Providence (R.I.) Journal reports that "Schilling shines in Columbus, makes his way back to Boston." And Wednesday in The Columbus (Ohio) Dispatch, an article reports that "Schilling shuts down Clippers," while Bob Hunter has an essay entitled "Seeing Schilling pitch creates lasting memory." "Chief Justice Released From Hospital; Roberts to Continue Vacation Following Seizure": Robert Barnes and Michael D. Shear of The Washington Post provide this news update. Posted at 05:15 PM by Howard Bashman "'Giant Killer' Willie Gary is a titan in legal world": This lengthy article appeared yesterday in The Miami Herald. Posted at 05:14 PM by Howard Bashman "How a Patent Ruling Is Changing Court Cases": Today in The Wall Street Journal, Peter Lattman has an article that begins, "Three months after the Supreme Court handed down what many called a landmark patent decision, judges have begun to rule in favor of companies defending themselves against infringement lawsuits -- in one case dismissing a suit and in another ordering a review." Posted at 05:12 PM by Howard Bashman "11th Circuit asked to toss teen's suspension for 'disturbing' story": In May 2007, The Associated Press published a report that begins, "Less than two weeks after the deadliest shootings in modern U.S. history, members of a federal appeals court had skeptical questions in the case of a student who was suspended for a story she wrote about shooting and killing her math teacher." And in even earlier coverage from The AP, "Student disciplined over journal entry files lawsuit" and "Federal court dismisses lawsuit by student punished for story." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision affirming the federal district court's dismissal of the lawsuit. Additional background about the case is available from CNN.com here, here, and here. The Smoking Gun has posted at this link the journal entry at issue. "Idaho to Celebrate Investiture of Ninth Circuit Judge N. Randy Smith": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release. Posted at 04:50 PM by Howard Bashman "[W]e recognize that six courts of appeals have held that a waiver of appeal [by a criminal defendant as part of a plea agreement] does not relieve counsel of the duty to file a notice of appeal on his client's request": Today, however, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a very interesting opinion disagreeing with that proposition. Chief Judge Frank H. Easterbrook wrote the opinion. Posted at 04:40 PM by Howard Bashman Programming note: I'm traveling to Columbus, Ohio this afternoon, where tomorrow I'll be playing the role of the proverbial "law blogger to be named later" in a panel discussion at the 16th Annual Meeting of the Conference of Court Public Information Officers. This evening in Columbus, a certain sentencing law blogger and I will be attending a AAA minor league baseball game between the Columbus Clippers and the Pawtucket Red Sox. As luck would have it, I obtained fourth-row seats midway between home plate and first base before it was announced that Boston Red Sox pitcher Curt Schilling would be making his final rehab appearance in the minors this evening for the PawSox. As The Columbus Dispatch reports in an article published today, "Baseball will replace mystery meat as the main attraction tonight in Cooper Stadium with Curt Schilling pitching for Pawtucket." I'm bringing my camera and will post some photos from the game after I return home tomorrow night. "Roberts to Leave Hospital Tuesday": The Associated Press provides this updated report. Posted at 11:15 AM by Howard Bashman "Shoe bomber Richard Reid: Jail's where Allah wants me." This article appeared yesterday in The Mirror (UK). Posted at 11:11 AM by Howard Bashman "Roberts Tells Bush He's OK After Seizure": The Associated Press provides a report that begins, "Chief Justice John Roberts told President Bush Tuesday he was doing well after sustaining a seizure at his Maine vacation home, the White House said." Posted at 10:50 AM by Howard Bashman "Seizure Preceded Chief Justice's Fall": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:00 AM by Howard Bashman "Appeals court sustains Johnson death sentence": The Globe Gazette of Mason City, Iowa today contains an article that begins, "The 8th Circuit Court of Appeals on Monday affirmed the conviction and death penalty sentence of Angela Johnson, ruling on her first appeal." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Short of Perjury": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "I find myself in an unaccustomed and unexpected position: defending Attorney General Alberto Gonzales." Posted at 08:33 AM by Howard Bashman "Enron Plaintiffs Get More Support; Legislators Join Bid On Investors' Rights": The Washington Post today contains an article that begins, "Two key Democratic lawmakers yesterday became the latest federal officials seeking to intervene in a Supreme Court case that could determine whether investors in Enron and other fraud-ridden companies can recover money from third parties." Posted at 08:30 AM by Howard Bashman "Chief Justice Roberts suffers seizure; Neurological testing reveals no cause for concern and he's 'fully recovered'; The cause remains unknown": David G. Savage has this article today in The Los Angeles Times. And USA Today reports today that "Chief justice OK after seizure; Similar incident occurred in 1993." "House bill to lift limits on pay lawsuits; The legislation, expected to pass Tuesday, would override a high court ruling on a law requiring workers to file discrimination claims in 180 days": This article appears today in The Los Angeles Times. Posted at 07:55 AM by Howard Bashman  
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