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The Supreme Court Shows Off Its Dull Side
Breaking Legal News |
2009/10/15 09:29
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Chief Justice John Roberts once famously and controversially described a judge's role as akin to an umpire who merely calls balls and strikes.
On Wednesday, Roberts offered a new take on that argument in a Supreme Court case about whether lawyers who sued to force changes in Georgia's foster care program could receive extra pay for their efforts. A federal judge awarded the lawyers an extra $4.5 million on top of the $6 million they were due under a formula. U.S. District Judge Marvin Shoob said their work was the best he'd seen in 27 years on the bench. Georgia appealed Shoob's decision. Roberts was skeptical of Shoob's reasoning and the argument in defense of the extra money, which the court has previously said could be paid in undefined exceptional circumstances. "The results obtained under our theory should be what the law requires, and not different results because you have different lawyers," Roberts said. He said a judge who suggests otherwise appears to be saying, "'If you weren't there, I would have made a mistake on the law.'" Paul Clement, the former top Supreme Court lawyer for the Bush administration, replied that capable lawyers can affect the outcome, a point not seriously in doubt in a court that regularly hears from the same band of high-priced appellate lawyers. Finally, Roberts said good-naturedly: "Maybe we have a different perspective. You think the lawyers are responsible for a good result, and I think the judges are." Clement responded, "And maybe your perspective's changed, Your Honor." Roberts was a top Supreme Court advocate before he became an appellate judge, earning more than $1 million in his final year in private practice. |
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Top NY court hears challenge to arena land-taking
Court Watch |
2009/10/15 08:29
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Homeowners and businesses resisting the forced sales of their properties for a massive development in Brooklyn have told New York's top court it's unconstitutional for a state agency to order them out. In oral arguments Wednesday at the Court of Appeals, a lawyer for owners and tenants says Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests. Ratner is the New Jersey Nets' principal owner and wants to build a new arena for the team, plus office towers and apartments. The Empire State Development Corp. says the area was blighted, and the project is a legitimate government use of eminent domain to take property for public purposes. Lower courts have upheld the project. A ruling is expected next month. |
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Judge to decide: Keep Letterman warrants sealed?
Legal Spotlight |
2009/10/15 05:30
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A Connecticut judge has rejected a prosecutor's request to close a hearing in the case of a newsman accused of trying to blackmail David Letterman. Norwalk Superior Court Judge Bruce Hudok ruled Thursday that arguments over whether search warrants should remain under wraps will be handled in open court. Prosecutor Suzanne Vieux (VEW) is asking Hudok to keep closed the search warrants for the home and car of CBS News producer Robert J. "Joe" Halderman. Halderman has pleaded not guilty to trying to extort $2 million from the late-night TV host in return for keeping some of the comedian's sexual affairs quiet. Vieux's motion says releasing the search warrants could subject witnesses to media scrutiny and hurt the prosecution. The judge says he will review certain sensitive information himself. |
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Justice Ginsburg hospitalized overnight, released
Attorneys in the News |
2009/10/15 04:30
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Supreme Court Justice Ruth Bader Ginsburg, who had cancer surgery earlier this year, was kept at a hospital overnight after she became drowsy and fell from her seat aboard an airplane. Court officials blamed a reaction to medicine. Ginsburg was taken to Washington Hospital Center around 11:15 p.m. Wednesday by paramedics and released Thursday morning, court officials said. Ginsburg, along with Chief Justice John Roberts and justices Stephen Breyer and Antonin Scalia, was heading to London to take part in ceremonies marking the opening of Britain's new Supreme Court. "Prior to the plane taking off, the justice experienced extreme drowsiness causing her to fall from her seat," a court statement said. "Paramedics were called and the justice was taken to the Washington Hospital Center as a precaution." The statement said doctors attributed her symptoms to a reaction caused by the combination of a prescription sleeping aid and an over-the-counter cold medicine. Ginsburg was still in Washington Thursday morning, court officials said. It was not clear whether she would still attempt to make the London trip. |
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Law firm Davis & Davis changes name
Law Firm News |
2009/10/14 09:09
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Healthcare law firm Davis & Davis PC is changing its name to Davis Fuller Jackson Keene, after promoting three lawyers. The 50-year-old Austin firm, located on N. Capital of Texas Highway, is making the changes immediately, it said in a press release. The three new principals, who will be equal owners with firm founder and Senior Managing Shareholder Dean Davis, are Alexis Fuller, Brian Jackson and Mark Keene. The company has about 17 employees, including eight lawyers. |
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Accused 1968 Cuba hijacker pleads not guilty in NY
Court Watch |
2009/10/14 09:08
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A fugitive who avoided prosecution for more than four decades after hijacking a 1968 Pan American flight to Cuba pleaded not guilty on Tuesday to charges including kidnapping and aircraft piracy. Luis Armando Pena Soltren, 66, appeared in Manhattan federal court on charges stemming from his involvement in the hijacking of the flight that left John F. Kennedy International Airport bound for Puerto Rico on Nov. 24, 1968. Soltren said "not guilty," through a Spanish translator when asked by a federal magistrate judge how he pleaded to the 1968 indictment. He will be held in jail pending a bail application and his lawyer, James Neuman, told the judge Soltren did not need medical attention. Soltren, a U.S. citizen who lived in Cuba for 41 years, surrendered to authorities at JFK airport on Sunday, knowing he would be arrested, according to authorities. Neuman told reporters outside the courtroom he could not yet explain why Soltren had voluntarily come back to the United States. |
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Court considers death sentence for Ohio neo-Nazi
Law Center |
2009/10/14 09:06
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The Supreme Court seemed receptive Tuesday to reinstating the death sentence of a flamboyant neo-Nazi convicted of murdering three men in Ohio more than a quarter century ago. Ohio attorney general Richard Cordray told justices during oral arguments that Frank Spisak had a fair trial and deserves death. Cordray urged the high court to reverse a federal appeals court ruling that found Spisak's trial lawyer was ineffective and that his jury received faulty sentencing instructions. Spisak, 58, was convicted of three murders at Cleveland State University over a seven-month period in 1982 — crimes he said were motivated by his hatred of gays, blacks and Jews. At the same time, Spisak claimed his crimes were sparked by mental illness related to confusion about his sexual identity. He wants to have surgery to become a woman. The 1983 trial became a public spectacle as Spisak celebrated his killings in court and openly discussed his hateful views. He even grew a Hitler-style mustache, carried a copy of Hitler's book, "Mein Kampf" during the proceedings and gave the Nazi salute to the jury. The 6th Circuit U.S. Court of Appeals in Cincinnati ruled that Spisak's trial attorney essentially gave up on his client in closing arguments by conceding that Spisak was "demented" and "undeserving of sympathy." |
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