Volme 1 Issue 4 Spring 2009.
A quarterly newsletter of the American Bar Association Section on Science and Technology.
CHAIR’S WELCOME by RUTH HILL BRO
Findlaw Case Summaries: Constitutional Law 16
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May 11-15, 2009.
U.S. 4th Circuit Court of Appeals, May 12, 2009 Midi v. Holder, No. 08-1367 Petitioner’s petition for review of the BIA’s order removing her from the U.S. is denied, where: 1) the Child Status Protection Act (CSPA) does not apply to immigrants seeking relief pursuant to the Haitian Refugee Immigration Fairness Act; and 2) the BIA’s construction of the CSPA did not violate the Equal Protection Clause.
U.S. 4th Circuit Court of Appeals, May 13, 2009 Iota Xi Chapter of Sigma Chi Fraternity v. Patterson, No. 08-1417 In an action by a fraternity at a public university claiming that disciplinary action against it violated the First Amendment, summary judgment for Defendants is affirmed, where: 1) the university did not deprive Plaintiff’s members of associational rights; and 2) the sanctions imposed on the chapter were reasonable. ..
U.S. 8th Circuit Court of Appeals, May 13, 2009 US v. Tom, No. 08-2345 District court judgment granting defendant’s motion to dismiss petition having have him civilly committed as a sexually dangerous person is reversed where: 1) the court erred in finding the 18 U.S.C. sec. 4248 (the Adam Walsh Act) was an unconstitutional exercise of Congress’s powers under the Commerce Clause, as Congress is empowered by the Commerce Clause to criminalize and punish the conduct of which defendant is guilty and has the ancillary authority under the Necessary and Proper Clause to provide for defendant’s civil commitment; and 2) 18 U.S.C. sec. 4248 does not upset the delicate federal state balance mandated by the Constitution.
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Findlaw Case Summaries: Criminal Law and Procedure 19
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May 11-15, 2009.
U.S. 1st Circuit Court of Appeals, May 11, 2009 Pina v. Maloney , No. 07-1267
Denial of petition for habeas relief is affirmed where although plaintiff did not procedurally default his ineffective assistance of counsel claim, the claim still fails on the merits as counsel’s decision to pursue a defense of misidentification rather than an alibi defense was a reasonable, tactical decision. ..
U.S. 1st Circuit Court of Appeals, May 12, 2009 US v. Del Valle , No. 08-1234
District court’s denial of defendant’s motion for a new trial is affirmed where: 1) the defendant did not meet his burden of proving that the newly discovered evidence met the requirements for warranting a new trial; and 2) the court properly rejected defendant’s claim that the government violated Brady by failing to disclose evidence, as defendant cannot show a reasonable probability that this evidence would have changed the outcome of the trial.
U.S. 1st Circuit Court of Appeals, May 15, 2009 US v. Melendez-Rivas, No. 07-1962 Conviction for conspiracy and aiding and abetting a motor vehicle hijacking with intent to cause death is vacated and remanded where: 1) the district court properly denied defendant’s motion for aquittal as the evidence was sufficient to support his conviction; and 2) the district court’s intervention in questioning a defense witness went beyond the appropriate limits and elicited inadmissible, prejudicial testimony that interfered with defendant’s fair trial rights
U.S. 2nd Circuit Court of Appeals, May 13, 2009 Brisco v. Ercole , No. 05-4339 Grant of petition for habeas relief is reversed where: 1) plaintiff failed to establish that the state court’s decision was an unreasonable application of clearly established federal law, as the challenged showup procedure was not unnecessarily suggestive; and 2) the showup identification was independently reliable. .
U.S. 2nd Circuit Court of Appeals, May 14, 2009 US v. Tureseo, No. 07-2933 Conviction and sentence for reentering the U.S. after deportation, making a false claim of U.S. citizenship, and aggravated identity theft is affirmed in part and vacated in part where: 1) the district court erred when it instructed the jury in defendant’s absence, but the error did not cause prejudice and was harmless beyond a reasonable doubt; but 2) the court made a constitutional error that was not harmless beyond a reasonable doubt when it omitted an essential element of the offense in its jury instruction on the aggravated identity theft charge Continue reading
Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 9
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May 14, 2009.
CRIMINAL LAW & PROCEDURE US v. Ness, No. 05-440 Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond a reasonable doubt that the purpose of defendant’s transportation of narcotics proceeds was to conceal the nature, location, or source of the narcotics proceeds; and 2) the government failed to prove that defendant violated 18 U.S.C. sec. 1957(a), as it did not present sufficient evidence that a financial institution was involved. .
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County – Lexis. May 18, 2009.
Update from the Lexis Alert Service,
May 18, 2009.
1. People v. Smith, 558, 2680/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 3839; 2009 N.Y. App. Div. LEXIS 3674, May 14, 2009, Decided, 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.
List: Law Library Blogs
We are delighted to see the updated List of Law Library Blogs. It was originally compled by Bonnie Shucha, University of Wisconsin Law School, and has been updated by Michael Robak, University of Illinios College of Law. When viewing this list it is important to note that it contains only law library blogs; all others have been removed. Many thanks to Bonnie for her pioneering efforts in creating the original list and to Michael for maintaining it at a high standard.
Meghan McCain: Why I Love Guns
Meghan McCain, John McCain’s daughter, writing in the Daily Beast discusses her love of guns. Here are some excerpts from her posting.
According to Meghan: “…I find it empowering, especially as a woman, to fire off a few rounds….Lets get something straight: Individual responsibility and personal liberty are inherent Republican philosophies. And nothing could be more essential in protecting those ideals than the Bill of Rights. Its no accident the second of the first 10 amendments protects the right to bear armsand has done so for more than 200 years. Obviously, I realize the Second Amendment has been heavily scrutinized. Its simplicity is sometimes mistaken for ambiguity. But it stands as a fundamental right, ensures the conditions for a ‘free state,’ and rewards responsible, trained citizens with the freedom to protect themselves. Thats what the NRA is truly about: providing Americans who choose to take advantage of their Second Amendment rights the appreciation for the serious responsibilities and safety precautions necessary to ensure gun owners safety and the safety of others.”
Although some of us don’t especially love guns or agree with her interpretation of the Second Amendment, Meghan does have a right to express her opinion. See her entire posting at http://www.thedailybeast.com/blogs-and-stories/2009-05-14/trigger-happy/ and don’t forget to read the comments.
Announcement and Survey: AALL Publication on Legal Research for Non-Lawyers
The American Association of Law Libraries (AALL) Legal Information Services to the Public SIS has updated its publication, “How to Research a Legal Problem: A Guide for Non-Lawyers.” The text of the revised version, by LISP members Lee Warthen and Angus Nesbit, can be viewed here:
http://www.aallnet.org/sis/lisp/research.htm
In the past this Guide has been published by AALL as a pamphlet and sold through AALL’s publications program for a modest fee. AALL wishes to evaluate whether publishing and selling the Guide as a print pamphlet, while also providing free digital access, remains viable, or whether a digital-only publication is more suitable. We’ve created a quick five-question survey to find out how your library might use the Guide and how you would prefer to receive it.
ABA Journal Weekly Newsletter. May 15, 2009.
Top Ten Stories of the Week ending May 15, 2009:
Law Firms Did ‘Financial Insanity’ and ‘Greedy Lawyers’ Doom WolfBlock?
May 14, 2009, 09:07 am CDT
ABA Journal Weekly Newsletter. May 8, 2009.
Top Ten Stories of the Week ending May 8, 2009:
Law Practice Management Downturn’s Losers: BigLaw, ‘Entitled’ Associates, Top Schools May 7, 2009, 10:12 am CDT
Law Schools Blog Questions ‘Rankings Malpractice’ by Law Schools