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Texas judge ended day as death row appeal waited
Legal Career News | 2009/08/17 17:09
As lawyers frantically tried to file the last-minute appeal that could have halted the execution of a death row inmate, the Texas judge who oversaw the only court who could hear it was preparing to shut the doors for the day.

"We close at 5," Judge Sharon Keller told a court staffer Sept. 25, 2007.

The appeal was never heard, and four hours later, convicted killer Michael Wayne Richard was executed. Now it's Keller who will be before a judge, facing charges that could end her career in a special trial that begins Monday in San Antonio. Denying the rights of a condemned man is among five judicial misconduct charges that Keller, the presiding judge of the Texas Court of Criminal Appeals, is up against.

Nicknamed "Sharon Killer" among critics for a tough-on-crime reputation crafted over the years, Keller is the highest-ranking judge in Texas to be put on trial by the state Commission on Judicial Conduct. The judge overseeing the trial will submit a report to the commission, which could dismiss the charges, issue a censure or suggest Keller be removed from the bench.

Keller, a Republican who has served on the court since 1994, has not spoken publicly since being charged in February. Her attorney, Chip Babcock, said the widely repeated narrative of what happened the day Richard was executed isn't accurate.



Obama, Sotomayor note her ascendancy to high court
Legal Career News | 2009/08/12 15:33
President Barack Obama rejoiced Wednesday in the ascendancy of Sonia Sotomayor to the Supreme Court, saying her achievement will be an inspiration for generations.

"When Justice Sotomayor put her hand on that Bible and took that oath ... we came yet another step to the more perfect union that we all seek," Obama told a White House reception for Sotomayor.

The ceremony was packed with family and friends of Sotomayor, who has become the first Hispanic and third woman on the high court bench. Lawmakers, issue advocates, Hispanic community leaders and others who helped shepherd her confirmation through the Senate came to watch as she appeared with the president for remarks.

"While this is Justice Sotomayor's achievement, the result of her ability and determination," Obama said, "this moment is not just about her. It's about every child who will grow up thinking to him- or herself, `If Sonia Sotomayor can make it, then maybe I can too.' "

Following Obama at the lectern, Sotomayor spoke emotionally about wending her way from a modest background to the highest court in the land. She grew up in public housing projects in South Bronx, N.Y., before getting an Ivy League education and starting her legal career.

"It is our nation's faith in a more perfect union that allows a Puerto Rican girl from the Bronx to stand here now," she said, a line that earned her huge applause and a standing ovation from the audience.



Sotomayor Confirmation Hearings Begin
Legal Career News | 2009/07/13 12:44

The Senate Judiciary Committee opened the historic confirmation hearing for Sonia Sotomayor, the first nominee to the Supreme Court by a Democratic president in 15 years, at 9:58 a.m. today with Democratic and Republican senators beginning to frame the debate over her nomination.

In a packed hearing room of the Hart Senate Office Building, Sotomayor, 55, a judge on the U.S. Court of Appeals for the 2nd Circuit, made her first public appearance since President Obama on May 26 chose her to fill his first vacancy on the nation's highest court. Five minutes before the hearing began, Sotomayor wore a broad smile and a royal blue suit as she walked into the paneled room, accompanied by the committee's chairman,  Sen. Patrick J. Leahy (D-Vt.)

Moments before the Senators began their opening statements that are to occupy most of the hearing's first day, Leahy invited the nominee to introduce her family members occupying the room's front rows. "If I introduced everyone who was family-like," Sotomayor replied, "we'd be here all morning."



Calif. high court: Breath test accuracy can vary
Legal Career News | 2009/07/10 16:58

The California Supreme Court has joined a handful of other courts in the country that have said Breathalyzer results mean different things for different people and ruled that suspected drunken drivers can attack the test results in court.

Defense attorneys lauded Thursday's unanimous ruling for deferring to science, which has shown for years that the test results are highly variable. Prosecutors, however, predicted the move will undermine California drunken driving cases.

At issue is how authorities use booze breath to determine how much alcohol is in the bloodstream.

When consumed, alcohol is absorbed in the blood and carried through the brain to the liver and heart before diffusing in the lungs, where it is exhaled in breath.

Authorities now use a nationally accepted scientific formula known as "Henry's law" to convert the amount of alcohol vapor in the lungs to a blood-alcohol level.

The scientific problem is that breath-to-blood ratios vary greatly throughout the population and fluctuate individually, influenced by such factors as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device.




It's not slang! Nev. court permits 'HOE' license
Legal Career News | 2009/07/09 15:15

A Las Vegas man won a courtroom battle Wednesday with the Nevada Department of Motor Vehicles over his "HOE" license plate, which the agency tried to cancel on grounds that he was using a slang reference to prostitutes.

The high court said the DMV based its opposition to William Junge's plate on definitions found in the Web-based Urban Dictionary, which includes user contributions. Justices ruled that the contributed definitions "do not always reflect generally accepted definitions for words."

Junge, whose case was pursued by the American Civil Liberties Union of Nevada, said he got the "HOE" plate in 1999 for his Chevy Tahoe, after being told "TAHOE" wasn't available.

"It's nonsense," Junge said of the state agency's efforts to pull his plates. The 62-year-old said he was referring to his vehicle's model and not to prostitutes with his plates, adding: "That was their interpretation. Shame on them."

The high court said Urban Dictionary "allows, if not encourages, users to invent new words or attribute new, not generally accepted meanings to existing words."

But "a reasonable mind would not accept the Urban Dictionary entries alone as adequate to support a conclusion that the word 'HOE' is offensive or inappropriate," the justices wrote.

Rebecca Gasca of the ACLU of Nevada said the attempt by a DMV supervisor to cancel Junge's license plate violated constitutional First Amendment protections. Junge dropped out of the litigation after the DMV appealed to the Supreme Court, but the ACLU continued the fight.

"While the Urban Dictionary might be an entertaining Web site about the English language, the court acknowledged it's not a reliable source for DMV decision-making about whether a license plate is vulgar," Gasca said.

In written briefs submitted to the state Supreme Court, an attorney for the DMV argued there was no First Amendment violation and the state has a reasonable basis for regulating vanity plates on vehicles. It also said the term "hoe" was derogatory toward women.



Supreme court allows NY state's bank lending probe
Legal Career News | 2009/06/29 15:31
The U.S. Supreme Court ruled on Monday that the New York attorney general's office can investigate whether national banks discriminated against minorities seeking mortgages.

The justices overturned part of a ruling by a U.S. appeals court that entirely blocked the state office from investigating or enforcing the fair lending laws against national banks because they are subject instead to federal regulation.

In the court's main split opinion, Justice Antonin Scalia concluded the state attorney general cannot issue subpoenas, but can bring judicial enforcement actions.

In 2005, Eliot Spitzer, then the state attorney general, began investigating possible racial discrimination in mortgage lending. He sent letters of inquiry to mortgage lenders, including banks such as Wells Fargo, HSBC, JPMorgan Chase and Citigroup.

The probe was prompted by data that Spitzer said appeared to show a significantly higher percentage of high-interest home mortgage loans issued to black and Hispanic borrowers than to white borrowers.

The Office of the Comptroller of the Currency, a federal agency that oversees nationally chartered banks, sued to enjoin the probe on the grounds it fell outside state jurisdiction. A consortium of national banks also sued.



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