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Election 2008
Will There Be A Hollywood Ending To The Dramatic Story Of Clinton Vs. Obama?
by JOHN W. DEAN
Presidential Candidates vs. Hate
Why Obama And McCain Should Repudiate The Messages Of Their Extremist Religious Endorsers
by MARCI HAMILTON
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| US Supreme Court |
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- YEAGER v. UNITED STATES [08-67]
- WONG v. BELMONTES [08-1263]
Criminal Law & Procedure, Habeas Corpus, Sentencing
In capital habeas proceedings, a circuit court's order requiring the petition to be granted is reversed where petitioner did not establish that defense counsel prejudiced petitioner by providing him ineffective assistance at the penalty phase of his trial, because petitioner failed to show a reasonable probability that the jury would have rejected a capital sentence after it weighed the entire body of mitigating evidence against the entire body of aggravating evidence. - SAFFORD UNIFIED SCHOOL DIST. #1 v. REDDING [08-479]
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| US Court of Appeals - Ninth Circuit |
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- HERNANDEZ v. HOLDER [11/25]
Administrative Law, Criminal Law & Procedure, Immigration Law
In a petition for review of the BIA's order removing petitioner from the U.S., the petition is denied where petitioner's conviction for possessing a controlled substance under California Health and Safety Code section 11379(a) qualified as a basis for removability under 8 U.S.C. section 1182(a)(2)(A)(i)(II). - USA v. MOHSEN [11/25]
Criminal Law & Procedure, Evidence
Defendant's perjury and fraud convictions are affirmed where: 1) the district court correctly instructed the jury on the materiality element of the perjury and fraud charges; 2) there was no use of the Phase II counts or evidence in the Phase I proceedings of defendant's trial, and thus the bifurcation process was not so manifestly prejudicial as to require reversal; and 3) the district court should have consulted the parties or counsel before responding to the jury's request to see the indictment, but the error was harmless beyond a reasonable doubt. - BECKY BECCERIL v. PIMA COUNTY ASSESSOR'S OFFICE [11/25]
Civil Rights, Health Law, Labor & Employment Law
In an Americans with Disabilities Act (ADA) action claiming that a county office discriminated against plaintiff-employee by reassigning her because of her disability and refusing to engage in the ADA's "interactive process" after she had requested a reasonable accommodation, summary judgment for defendant is affirmed where: 1) there was no evidence that plaintiff's supervisor reassigned her because her coworkers in the public service section complained about accommodations she received for her disability; and 2) plaintiff did not raise a triable issue on whether her disability substantially limited her in speaking, eating, seeing, sleeping, and thinking and concentrating.
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