December 14, 2009.
Update from the Lexis Alert Service,
1. People v Padilla, 1712, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9144; 2009 N.Y. App. Div. LEXIS 8976, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
February 29, 2008
A number of people who have distinguihed themselves in the legal profession have also been quite successful as poets. Wallace Stevens comes to mind. That brings me to the poetry of Professor Lawrence Joseph, Reverend Joseph P. Tinnelly, C.M. Professor of Law, which was the subject of the 2008 Law and Literature Symposium, “Some Sort of Chronicler I Am: Narration and the Poetry of Lawrence Joseph,” on February 29, 2008, at the University of Cincinnati College of Law. The Symposium was put together by the University of Cincinnati Law Review. Professor Joseph was joined in the Symposium by a group of distinguished legal and literary scholars who used Professor Joseph’s poetry as a starting point to explore the nature of narration in poetry and its relationship to the language of law, and other forms of narration and language. The Symposium has been published in 77 Cincinnati Law Review. Number 3 Spring 2009. To help illustrate the depth and range of topics covered in the Symposium, here is al list of papers and their contributors included in the 77 Cincinnati Law Review symposium issue:
Narrating Justice ….. Joseph P. Tomain
December-7-11, 2009.
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U.S. Supreme Court, December 08, 2009 Alvarez v. Smith, No. 08–351 In a 42 U.S.C. section 1983 case involving whether Illinois law provides a sufficiently speedy opportunity for an individual, whose car or cash police have seized without a warrant, to contest the lawfulness of the seizure, a circuit court’s ruling reversing dismissal of the action is vacated and the case is remanded where the action was moot because all of the actual property disputes between the parties had been resolved.
U.S. 6th Circuit Court of Appeals, December 08, 2009 Cooey v. Strickland, No. 09-4474 District court’s denial of defendant’s request for a stay of execution by lethal injection under Ohio’s new protocol where the state eliminated the use of a three-drug protocol and implemented a one-drug protocol is affirmed as the defendant is unable to demonstrate a likelihood of success on the merits on his Eighth Amendment claim by demonstrating that, facially or as applied to him, Ohio’s new protocol demonstrates risk of severe pain that is substantial when compared to the known and available alternatives.
U.S. 6th Circuit Court of Appeals, December 09, 2009 Holder v. Palmer, No. 07-1440 District court’s denial of defendant’s petition for a writ of habeas corpus following his conviction for sexual penetration with an uninformed partner by a person infected with AIDS is affirmed as defendant failed to demonstrate either that his trial counsel’s failure to challenge five jurors permeated the entire trial with obvious unfairness, or that the trial court committed plain error by allowing the five jurors to serve on the jury.
U.S. 6th Circuit Court of Appeals, December 10, 2009 Spears v. Ruth, No. 09-5408 In a suit brought by the family of an individual who died eleven months after being in police custody for public intoxication, denial of a summary judgment motion by an officer and the City of Cleveland is reversed and remanded where: 1) plaintiffs have not established the obvious existence of a sufficiently serious medical need; 2) there is no evidence that the officer was aware of facts from which the inference could be drawn that a substantial risk of serious harm existed, and that he drew that inference and chose to disregard the risk; 3) as such, because no constitutional violation occurred, the officer is entitled to qualified immunity; and 4) the city is entitled to summary judgment because the record as a whole does not support an inference that a reasonable trier of fact could find a causal connection between either officer’s actions or the police chief’s no-transport policy and the decedent’s injuries.
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-December-7-11, 2009.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
U.S. Supreme Court, December 07, 2009 Michigan v. Fisher, No. 09–91 In an assault prosecution, grant of petitioner’s motion to suppress evidence that he pointed a rifle at an officer when he entered his house is reversed where the officer did not violate the Fourth Amendment because he was responding to a report of a disturbance and encountered a tumultuous situation in the house, which justified a warrantless search under the emergency aid exception.
U.S. Supreme Court, December 08, 2009 Beard v. Kindler, No. 08–992 In a capital habeas matter involving whether Pennsylvania’s fugitive forfeiture rule provided an adequate basis to bar federal habeas review of petitioner’s claims, grant of his habeas petition is vacated and remanded where a state procedural rule is not automatically “inadequate” under the adequate state ground doctrine (and therefore unenforceable on federal habeas review) because the state rule was discretionary rather than mandatory. ..
U.S. 1st Circuit Court of Appeals, December 07, 2009 US v. Leon-Quinones, No. 07-1395 Defendant’s conviction for robbing two banks and for carrying a firearm during and in relation to a robbery is affirmed where: 1) there was sufficient evidence that defendant used a real firearm during the robbery of one of the banks; 2) the district court committed no clear or obvious error in allowing a witness to identify defendant; and 3) the district court did not abuse its discretion in allowing the prosecutor to ask witnesses leading questions when they returned to the stand to identify defendant.
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Top Ten Stories for Week Ending December 11, 2009
Editor’s Note: The 3rd Annual ABA Journal Blawg 100 is now online! Readers are invited to browse the list and are encouraged to register to vote for their favorites.
Legal Ethics Hiring Lawyer Rejects Federalist Society Members–and Columnist’s Advice
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust
Beard v. Kindler, No. 08-992 (U.S. Dec. 8, 2009)
“The Court decided a capital habeas matter involving whether Pennsylvania’s fugitive forfeiture rule provided an adequate basis to bar federal habeas review of petitioner’s claims, grant of habeas petition is vacated and remanded where a state procedural rule is not automatically “inadequate” under the adequate state ground doctrine (and therefore unenforceable on federal habeas review) because the state rule was discretionary rather than mandatory).
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust
Michigan v. Jeremy Fisher
United States Supreme Court No. 09-91
An American Bar Association publication sponsored by the ABA Criminal Justice Section
The State of Criminal Justice 2009
“Authors from across the criminal justice field provide essays on topics ranging from white collar crime to international law to juvenile justice. This annual publication examines and reports on the major issues, trends and significant changes in the criminal justice system. As one of the cornerstones of the Section’s work, the publication serves as an invaluable resource for policy-makers, academics, and students of the criminal justice system alike. The 2009 volume contains 21 chapters focusing on specific aspects of the criminal justice field, with new addition of full text and reports of all of the adopted official ABA policies passed in 2008-2009 that address criminal justice issues”.
Librarian (Preservation)
Salary Range: 102,721.00 – 133,543.00 USD /year
Open: Monday, December 07, 2009 to Wednesday, January 06, 2010
We just received word about the outcome of the vote on the proposal to change the name of Special Libraries Association (SLA) to the Association for Stategic Knowledge Professionals. The name change proposal stemmed from the findings of the Alignment Project, an intensive two year research effort aimed at understanding the value of the information and knowledge professionals in todays environment and how to communicate that value.
Although not a member of SLA, I have followed developments related to this issue on the SLA listserv and have been very impressed with both the dedication and passion exhibited by the SLA membership.
As for the outcome, I think this is good news. As a professional librarian (an information and knowledge professional) I am very concerned about libraries and librarianship being viable now and remaining so in the future. An important part of that viability, it seems to me, relates to the essential need for libraries and librarians to maintain a clear identity as the preeminent information and knowledge professionals in the world, both now and in the future. There is a danger that proposals such as the one we are discussing here will, if ratified, result in a dilution of that identity and by extension diminish the perceived value of librararies and librarians (whatever their names) in the marketplace as compared to other organizations and occupations that are somewhat comparable. I commend the SLA membership for its decision.
David Badertscher
Here is a note from SLA Headquarters concerning the outcome of the vote of the SLA membership:
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