Constitutional Law

Fed’l Judge: Execute Inmates Efficiently

California’s death row is not only the biggest in the nation but perhaps the most backlogged. The average prisoner waits nearly 20 years to be executed, and, since capital punishment was reinstated in 1978, only 13 have been executed while 50 have died in prison, many of old age. Currently,…

Aug 30, 2007 6:14 PM CDT

UCLA: Public School Segregation Worse

Despite decades of efforts to end “separate but equal” public education for children of different races, the nation’s school system is getting more segregated rather than less. And a decision in June by the U.S. Supreme Court forbidding most voluntary efforts to desegregate is likely to accelerate that trend, reports…

Aug 30, 2007 4:14 PM CDT

Judge Axes Confession, Pretrial, Under New IL Law

In a ruling hailed by defense advocates as proof that an unusual new law is working, an Illinois judge has made a pretrial ruling that a woman’s videotaped murder confession can’t be used against her because police ignored her requests for a lawyer. Judge John Scotillo, who sits in Cook…

Aug 30, 2007 12:47 AM CDT

Profs: Gonzales Misunderstood Job

There is one simple reason why soon-to-be former Attorney General Alberto Gonzales is losing his job, several law professors say: He never understood what he was supposed to be doing. Gonzales seemed to think he should be acting as the president’s personal legal counsel. But in fact, his job was…

Aug 29, 2007 6:17 PM CDT

Quick Mistrial Bars Retrial

A federal appeals court has ruled that two executives cannot be retried for alleged securities law violations because a judge declared a mistrial too quickly. The New York City-based 2nd U.S. Circuit Court of Appeals ruled yesterday that retrying the defendants would violate the ban on double jeopardy, the New…

Aug 29, 2007 12:21 PM CDT

Three-Time Loser Law Struck Down

Another federal judge has struck down New York’s persistent felony offender statute on Sixth Amendment grounds. Two judges have held the state law improperly requires judges rather than juries to determine facts that lead to an enhanced sentence, the New York Law Journal reports. A third judge has upheld the…

Aug 29, 2007 11:50 AM CDT

Legality of Anti-Immigrant Laws Unclear

Anti-immigrant laws passed by states and municipalities are likely to face court challenges and an uncertain future. It’s unclear whether local and state laws that attempt to regulate illegal immigration will pass legal muster, the Washington Post reports. There are few court rulings because few lawmakers acted before now. This…

Aug 28, 2007 5:23 PM CDT

Saggy Pants Ban Fails in CT Town

Saggy pants are getting the attention of town councils that want to stop the epidemic of exposed underwear and buttocks. The Connecticut town of Stratford yesterday rejected a proposed ordinance that would have fined people whose “pants which fall below the buttocks” the New York Times reports. The proposal would…

Aug 28, 2007 3:49 PM CDT

Judge Blocks Abortion Law

A federal judge has barred enforcement of a Missouri law requiring abortion clinics to upgrade their surgery facilities. U.S. District Judge Ortrie Smith issued a temporary restraining order and scheduled a hearing for Sept. 10 to hear arguments on a permanent injunction, the Kansas City Star reports. The law, which…

Aug 28, 2007 2:57 PM CDT

Cleric’s Appeal Challenges Spy Program

A Muslim cleric’s appeal of a terrorism conviction may represent the best chance of a federal appeals court ruling on the legality of a controversial wiretapping program. Yassin M. Aref of Albany, N.Y., was convicted of supporting terrorism by helping launder money for a supposed terrorism plot that turned out…

Aug 27, 2007 4:17 PM CDT

Judge Fines PD: 1 Day OK for Trial Prep

Saying that a 20-minute talk with one’s client and interviewing witnesses during one’s lunch hour is sufficient preparation to allow a lawyer to try a case, an Ohio judge reportedly upheld his own earlier contempt-of-court citation and fined an assistant public defender Friday. Brian Jones refused to try a misdemeanor…

Aug 27, 2007 3:37 PM CDT

3rd Circuit Slashes Punitives

Pennsylvania lawyer David G. Concannon says his client’s quest for punitive damages against a nursing home management company has been “a nauseating roller coaster ride.” It’s no wonder that Concannon is feeling queasy since a federal appeals court’s decision to slash a $30 million punitive award for the lawyer’s client…

Aug 27, 2007 2:32 PM CDT

Seale Gets Life in 1964 Case

A reputed member of the Ku Klux Klan in Mississippi was sentenced today to three life terms for his role in abducting, beating and killing two black teenagers in 1964. James Ford Seale, 72, was convicted in June on federal charges of conspiracy and two counts of kidnapping concerning the…

Aug 24, 2007 6:56 PM CDT

Criminal Lawyer in Contempt for Defending Client

A Washington state lawyer has been found in contempt of court for his defense of an alleged serial rapist who has already served his 25-year sentence for a single rape conviction. Kevin Coe, 60, is still being held, however, because he is considered likely to re-offend, and Tim Tragesser advised…

Aug 24, 2007 3:25 PM CDT

4th Circuit to Rehear Detainee Case

A federal appeals court has granted en banc review in a case challenging the indefinite military detention of a civilian who is suspected of terrorist ties. The 4th U.S. Circuit Court of Appeals will rehear the case at its Oct. 31 session, SCOTUSblog reports. Its en banc order vacates a…

Aug 23, 2007 6:33 PM CDT