In my near 14 years on the bench, this is the first time I can recall this happening.
– Judge Kermit Bye of the Eighth Circuit, in a scathing dissent issued after Missouri executed a death row inmate before the court could finish reviewing his request for a stay. On Wednesday, Missouri executed another death row inmate, this time before the Supreme Court ruled on his request for a stay. The state has executed three inmates in as many months, all while appeals were still pending.
Several organizations filed a Complaint of Judicial Misconduct against Fifth Circuit Judge Edith Jones earlier this week. The complaint charges Judge Jones with a variety of offenses, but the headline-getter is the claim that she made racist remarks during her speech on February 20, 2013, hosted by the University of Pennsylvania’s chapter of the Federalist Society.
With no transcript or recording of the event, the 12-page complaint relies on the affidavits of a few individuals who attended the speech, including Marc Bookman, the Director of the Atlantic Center for Capital Representation. Bookman’s affidavit serves as the primary account, with the other affiants agreeing and adding relatively few details. About a week before the Penn Fed Soc speech, Bookman published an essay in Mother Jones titled “How Crazy Is Too Crazy to Be Executed?”, about Texas murderer Andre Thomas. Whether Bookman intended ahead of time to use his account of the Fed Soc event as the basis of a misconduct complaint or not, he was likely expecting to be offended when he attended a Federalist Society speech called “Federal Death Penalty Review” by a pro-death-penalty, Texas-based judge. Just a guess….
On Tuesday, the Supreme Court released opinions in two habeas cases, McQuiggin v. Perkins and Trevino v. Thaler. The holdings reek of liberal judicial activism, however well-intentioned.
In Perkins, my least favorite of Tuesday’s cases, the Court held that a showing of “actual innocence” is sufficient to circumvent the Antiterrorism and Effective Death Penalty Act’s (AEDPA) statute of limitations. In effect, a narrow majority decided to judicially amend a validly enacted statute, creating an exception that the majority admits that the statute itself does not contain. On top of that, this particular case may have been a pretty defective vehicle for addressing the limitations question anyway. There’s a pesky matter, discussed at oral argument, about the procedural posture of the case, making it pretty dubious whether the Court should have even gotten to the merits here.
(Cases like Perkins make me want to appropriate my own version of Dan Savage’s “DTMFA” — shorthand for “Dump the Mother-F*cker Already.” Too often, it would be useful to just be able to write “DTMFA” for “DIG the Mother-F*cker Already” for cases that I wish that SCOTUS would dismiss as improvidently granted. But, alas, you probably have to be a syndicated sex columnist for the privilege of coining long-but-useful acronyms.)
If it seems like the Jodi Arias murder trial has lasted for weeks, that’s because it has — the courtroom drama began on January 2, 2013, and the proceedings have dragged on until today. HLN legal commentator Nancy Grace has had a field day with all of the allegations in this “who-done-it” murder mystery, just as Grace did in the earlier murder trial of Casey Anthony.
Arias originally blamed the killing of her ex-boyfriend, Travis Alexander, on masked intruders. Years later, she admitted that she killed him, but chalked it up to self-defense — in the form of 27 stab wounds, one gunshot wound to the head, and a slit throat.
Lo and behold, after more than 15 hours of deliberations, the jury has finally reached a verdict….
Yesterday, with hours to spare, the Mississippi Supreme Court stayed the execution of Willie Manning by a vote of 8-1. The stay was granted based on letters from the Department of Justice casting doubt on the scientific value of testimony from FBI experts at the trial almost 20 years ago.
The lone dissenter, Justice Mike Randolph, outlined his interest in putting someone to death immediately over the objections of the Department of Justice and its FBI experts. The decision reads like satire, making the case for the stay stronger than any majority opinion could. Oh, and then there’s some conspiracy rantings about the Obama Administration because, you know, Mississippi…
* If you swap out a menorah and put in a dreidel, does your Hanukkah display avoid violating the Establishment Clause? I know, I know, WAR ON HANUKKAH. [Huffington Post]
* I wonder why Martha Minow (law dean, HLS) or Robert Post (law dean, YLS) doesn’t write an op-ed defending the value proposition of going to law school? Wouldn’t you like to hear this argument from somebody who isn’t desperate to fill their class seats? [Constitutional Daily]
* Isn’t the concept of the “last meal” the best thing about death row? Granted, that’s a low bar, but still. Having a last meal sounds so civilized. No wonder Texas and Florida want to take it away. [Legal Blog Watch]
* Do patent trolls have a weakness to fire, just like videogame trolls? Because, I’d like for them to get burned. [Business Insider]
* The fact that voter suppression doesn’t work doesn’t make it right. [Election Law Blog]
* Ignoring losses until they go away sounds like the basis of any sound financial strategy. [Dealbreaker]
‘This herpes thing is less embarrassing than my 72-day marriage to Kim Kardashian.’
* Want to know what they call the Supreme Court attorney who deals with requests for stays of execution? The death clerk. Paging John Grisham, because this guy’s nickname would make a great book title. [New York Times]
* “If you’re going to sue, it’s better to sue earlier rather than later.” Probably why battleground states like Florida, Iowa, Nevada, Ohio, Pennsylvania, and Wisconsin are in a tizzy over their election laws. [Washington Post]
* WikiLeaks or it didn’t happen: Bradley Manning’s lawyer has demanded that seven years be cut from his client’s prospective sentence due to allegations of improper treatment while in military custody. [The Guardian]
* Michigan Law’s Sarah Zearfoss, she of Wolverine Scholars fame, finds media coverage about the awful job market for recent law grads “really frustrating.” Try being unemployed. [Crain's Detroit Business (reg. req.)]
* Kris Humphries is being sued for allegedly giving a girl herpes. But alas, the plaintiff seems to have no idea who actually gave her the herp — four John Doe defendants are identified in the complaint, too. [Star Tribune]
* “Given the police idiocy, one wonders where the boobs really are.” A nude model who was arrested during a body-painting exhibition in Times Square won a $15K false-arrest settlement from the cops. [New York Post]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.