Death Penalty

  • Morning Docket

    Morning Docket: 11.13.15

    * Steven Metro, an ex-managing clerk at Simpson Thacher who was accused of passing insider info about mergers and other business transactions to his law school buddy in a $5.6 million insider trading scheme, has pleaded guilty. He faces up to 20 years in prison. [Reuters]

    * Remember Keila Ravelo, the Willkie Farr partner who allegedly stole millions from that firm and her prior firm, Hunton & Williams? It turns out her involvement in the $5.7 billion MasterCard/Visa antitrust settlement could ultimately become its kiss of death. [Big Law Business / Bloomberg]

    * Chief Judge Morrison England (E.D. Cal.) says he and his colleagues are incredibly overworked, sometimes putting in more than 80 hours per week. It’s too bad it doesn’t make a difference — the court is at a “crisis point” in its backlog of cases. [WSJ Law Blog]

    * Last summer, a federal judge ruled the death penalty was unconstitutional in California because an appeals process with the “slight possibility of death” was cruel and unusual. Here’s a real shocker: the Ninth Circuit overturned the decision. [New York Times]

    * Embattled Pennsylvania AG Kathleen Kane is well past the point of having 99 problems, but there’s no end in sight. Former prosecutors have filed suit against her, alleging she retaliated against them for exposing her alleged criminal misdeeds. [Tribune-Review]

  • Morning Docket

    Morning Docket: 11.09.15

    * On Friday night, Judge Julie Kocurek, the presiding felony judge for Travis County, Texas, was shot outside her home. Her condition has been upgraded from critical to stable, and some say that she may have been a target of retaliation. We may have more on this terrible news later today. [American-Statesman]

    * Apparently it takes podcast stardom to get a post-conviction hearing these days: A Maryland judge has agreed to reopen the case against Adnan Syed, the man whose murder conviction received an in-depth look during the first season of “Serial.” [CNN]

    * Per the Bureau of Labor Statistics, the legal sector added 700 jobs in October, bringing the industry to its highest level of employment all year. Don’t get too excited — we’re still a long way from reaching pre-recession era glory. [Big Law Business / Bloomberg BNA]

    * It took almost 10 years without putting anyone to death, but California has finally proposed a one-drug alternative to its three-drug lethal injection protocol after it was struck down as unconstitutional in 2006. Was this worth the wait? [WSJ Law Blog]

    * Following a much-deserved public excoriation from our very own Elie Mystal, Mizzou Law’s Student Bar Association has decided to do away with its absurd social media policy. In a media statement, the SBA even agreed that it was “poorly written.” [Huffington Post]

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  • Morning Docket

    Morning Docket: 10.22.15

    * Brush that dirt off your shoulder: Jay-Z may have 99 problems, but this copyright lawsuit about his song “Big Pimpin'” is no longer one of them. The suit filed against the rap mogul in 2007 was dismissed on standing grounds, but the plaintiff says he plans to appeal. [Los Angeles Times]

    * When it comes to the death penalty, Justice Antonin Scalia says that it “wouldn’t surprise [him]” if the Supreme Court were to strike it down as unconstitutional. It seems that a capital punishment case could become the next SCOTUS blockbuster. [CBS Minnesota]

    * No one is a fan of the Securities and Exchange Commission’s in-house court system, and legislation to give financial defendants the right to opt out will be introduced in Congress later this week. Would you rather face trial before a federal judge or jury? [WSJ Law Blog]

    * Earlier this week, a state-court judge brought a live grenade to the courthouse, but only because he wanted to have it properly disposed of by police. The jurist currently remains unidentified, which is a good thing, because this is pretty embarrassing. [CBS Los Angeles]

    * Jurors in New York are paid $40 per day for their service, so you may be wondering how the confused members of the jury in the Dewey & LeBoeuf (mis)trial were able to survive on only $2,920 after five months spent in the courtroom. [Big Law Business / Bloomberg]

  • Morning Docket

    Morning Docket: 10.19.15

    * After a recent vote, the Florida Bar flat-out rejected a supposedly “controversial” proposal for bar reciprocity. Attorneys in the Sunshine State absolutely, positively do NOT want you practicing law there if you haven’t taken the Florida bar. [WSJ Law Blog]

    * Tomorrow, Oscar Pistorius will be released from prison after having only served a fifth of a five-year sentence for killing his girlfriend, a law school graduate. He’ll begin a stint of house arrest, and he’s not allowed to have guns there… for very obvious reasons. [UPI]

    * The case of the missing mistrial? After four weeks of deliberation, and after having acquitted the defendants of a slew of lesser charges, the jury in the criminal trial against the ex-execs of Dewey & LeBoeuf will enter a new month without a full verdict. [Reuters]

    * The Nebraska Legislature voted to abolish the death penalty in the state, but supporters of capital punishment have forced a November 2016 referendum vote instead. Not to worry, “[n]obody’s going to be executed in Nebraska anytime soon.” [New York Times]

    * This week, Connecticut’s Appellate Court will hear cases at the state’s most famous — and most prestigious — law school. Don’t get too excited, Yalies, because this has nothing to do with you. In fact, you’ve probably never even heard of this place. [Associated Press]

  • Morning Docket

    Morning Docket: 10.01.15

    * Vatican officials confirmed — or rather, didn’t deny — that Pope Francis did, in fact, have a secret meeting with infamous Kentucky clerk Kim Davis. Hmm, apparently all it takes is denying people their newfound civil rights to get an audience with the Pope. [WSJ Law Blog]

    * The ABA Accreditation Committee will recommend that the ABA approve the merger between Hamline and William Mitchell. The merger byproduct could be operational in 2016 if all goes well. Is this something we should be excited about? [Hamline University]

    * On the ninth day of deliberations in the criminal trial of Dewey & LeBoeuf’s former executives, jurors were still unable to come to a consensus, and one juror mentioned she’d have to leave early on October 9. Oy vey! Dewey think this jury is hung? [Am Law Daily]

    * Oklahoma Governor Mary Fallin stayed the execution of Richard Glossip — you may recognize his name from his recent unsuccessful Supreme Court case — because the drugs the Corrections Department received didn’t match protocol. Figures. [Associated Press]

    * “We are heartened the district attorney has agreed that even a misdemeanor charge would be inappropriate.” Prosecutors will not be charging Caitlyn Jenner with vehicular manslaughter in the fatal car crash she was involved in earlier this year. [USA Today]

  • Morning Docket

    Morning Docket: 09.17.15

    * If you’re unsatisfied with your current income-based loan repayment plan, wait until you see what the government has in store for you with its Revised Pay As You Earn plan. Here’s a hint: more pain, more tears, and more anger. [Am Law Daily]

    * If you haven’t heard, SABMiller will likely be getting taken over by Anheuser-Busch InBev NV in a “mega-beer merger.” Sadly for Hogan Lovells, SABMiller tossed the firm out like a skunked beer in favor of representation by Linklaters. [WSJ Law Blog]

    * Rather than poaching lawyers from other local firms, Jones Day is trying to grow its Detroit office by calling home Michigan attorneys who expatriated from the state. No offense to the firm, but these people probably left for a reason. [Crain’s Detroit Business]

    * Slowly but surely, results from the July 2015 administration of the bar exam are being released. Duke Law did best in North Carolina, where the overall combined pass rate for all takers was 69.4 percent (down from 75 percent last year). [Triangle Business Journal]

    * With hours to spare, Richard Glossip — a man you may know from the Glossip v. Gross case that was before SCOTUS — was able to secure a last minute stay of execution. An Oklahoma appeals court has given him two more weeks to live. [New York Times]

  • Morning Docket

    Morning Docket: 09.01.15

    * ABC News chief legal analyst Dan Abrams is suing his neighbors over his lawyerly lair — and one of the defendants is a Biglaw partner at a top firm. Expect more on this later. [New York Post]

    * Speaking of Biglaw, a familiar tale of financial performance: gross revenue at Am Law 100 firms grew by 4 percent in the first half of 2015, but driven by rate increases rather than demand growth. [American Lawyer]

    * If you want the Supreme Court to hear your case, try to steer your cert petition clear of the “long conference,” known as the place “where petitions go to die.” [New York Times]

    * Speaking of SCOTUS, the Court won’t come to the rescue of the Kentucky county clerk who refuses to issue marriage licenses to same-sex couples — time to issue those licenses or quit, Kim Davis. [How Appealing]

    * But the justices did come to the (temporary) rescue of former Virginia Governor Robert McDonnell, allowing him to remain free until SCOTUS acts on his petition for certiorari. [SCOTUSblog via How Appealing]

    * Are criticisms of the S.E.C.’s administrative-law procedures correct? Here’s a study from Professor David Zaring. [New York Times]

    * The Show-Me State leads when it comes to showing defendants to their deaths: Missouri has displaced Texas as the “epicenter of the American death penalty.” [The Marshall Project]

    * Speaking of capital punishment, I predicted that these particular Ninth Circuit judges wouldn’t be too sympathetic to this challenge to the death penalty — and based on yesterday’s oral argument, it seems I was right. [How Appealing]

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  • Non-Sequiturs

    Non-Sequiturs: 08.28.15

    * Curious about what Ant-Man has to say about Civ Pro? And while you’re there vote for ATL fav Legal Geeks for best podcast in The Geekie Awards. [Legal Geeks]

    * Speaking of podcasts, here’s a great one about the movement to abolish the death penalty, with a particular focus on the recent spate of botched executions. [Punishment Podcast]

    * Update from the wide world of organized labor — yes, that’s still a thing — there is a major steelworkers lockout with employers advertising on Craigslist to get scabs to work 84 hours a week of hard labor. See this is EXACTLY why we need unions. [Lawyers Guns and Money]

    * The latest in James Woods’s suit to reveal the anonymous Twitter user that called him names: Twitter sends the actor a harshly worded letter. [The Hollywood Reporter]

    * Should the Supreme Court take up a case to have the remains of Jim Thorpe moved from Pennsylvania to Oklahoma? [The Hill]

    * Was the latest decision on protesting in SCOTUS plaza motivated by personal factors? [Fix the Court]

    * Today’s the 60th anniversary of the murder of Emmett Till, whose death was a catalyst in the civil rights movement. [Time]

  • Non-Sequiturs

    Non-Sequiturs: 08.26.15

    * District Judge Henry Wingate suspends Mississippi’s death penalty. The full written decision is expected later this week. [BuzzFeed]

    * Wondering why Roger Goodell is taking a hardline over Deflategate? He’s just acting like any good dictator and securing his power. [Washington Post]

    * Trying to get bail set in a massive insider trading case? It helps if you’ve got God as a character reference. [Dealbreaker]

    * Of all the dumb, stupid, obvious, %^$*#, frustrating AF horse hockey. Alabama is in the process of closing 45 out of 49 DMVs around the state. For the uninitiated: Alabama passed a strict voter ID law in 2011 and now there’s this new barrier to getting the proper identification. I guess it isn’t a stretch to pencil in Alabama as red in 2016. [Daily Kos]

    * In less depressing news, read contemporary coverage of the passage of the 19th Amendment. [The Nation]

    * … And right back to the depressing: a commenter places the blame for a lack of women lead counsel squarely with clients. Oh good, I was afraid for a minute that the legal industry might actually have to do something about gender issues. [What About Paris?]

    * Rest in peace, Amelia Boynton Robinson. The civil rights activist died today at age 104. Best known for her fight for voting rights in the 1965 “Bloody Sunday” march, she was portrayed by Lorraine Toussaint in the movie Selma. [WTOP]

  • Morning Docket

    Morning Docket: 08.26.15

    * Melvin Feliz, husband of Keila Ravelo, the partner who allegedly bilked Hunton & Williams and Willkie Farr out of millions to lead a life of luxury, pleaded guilty in the fraud case brought against him. Is she a prospective Real Housewife of Cellblock D? [Bergen Record]

    * Sorry, Southwest passengers, but the Seventh Circuit says you’re stuck with your free drink vouchers, and the lawyers who represented you in this class-action suit are stuck with their $1.65 million. No one is happy up in the unfriendly skies. [Associated Press]

    * China’s economy may be on the brink, but that doesn’t matter to Dentons. The firm is as happy as ever about its proposed merger with Dacheng because it really wants a horde of lawyers, so it’s gonna get one. It’s “almost absurd” to think otherwise. [Am Law Daily]

    * As we mentioned yesterday, lawyers work too damn much — so much, in fact, that they’re quitting their Biglaw jobs, starting competitor practices, and poaching talent from top firms by offering them a sense of work-life balance. [Harvard Business Review]

    * Kevin Fagan, perhaps better known as Juror 83 in the Dzhokhar Tsarnaev trial, is speaking to the media about his experience, and says he might’ve changed his death penalty vote if he had known the youngest victim’s parents opposed it. [WSJ Law Blog]

  • Morning Docket

    Morning Docket: 08.04.15

    * Her dad’s the ringleader, he calls the shots; she’s like a firecracker, she makes it hot: Since “everything is working perfectly” under pop star Britney Spears’s conservatorship — which has been in effect for the past seven years — it’ll likely stay that way indefinitely. [Us Weekly]

    * Well, that was fun while it lasted. The ABA did away with its year-old LSAT exemption rule in record time. Law schools will only have until 2017 to lard up classes with students who haven’t taken the exam. Good luck and Godspeed. [National Law Journal via TaxProf Blog]

    * Simpson Thacher isn’t the only Biglaw firm that allegedly blew it when it came to turning hundreds of General Motors’ secured creditors into unsecured creditors. Mayer Brown is also facing twin class-action suits for this $1.5 billion boo-boo. [Crain’s Chicago Business]

    * Good news, everyone! The ABA approved a merger between Rutgers Law-Camden and Rutgers Law-Newark, and we’re going to look at this in a positive light because theoretically speaking, there’s now one less law school out there. [MyCentralJersey.com]

    * “Are Law Schools Skewing Job Placement Numbers?” In a word, yes. Not to be a complete pessimist realist, but come on, you know most school-funded positions exist solely to prop up any given law school’s less-than-pleasing job statistics. [Bloomberg]

    * When you’ve taken the lives of so many, no one cares about your sad life story. A Colorado jury inched closer to inflicting the death penalty upon convicted movie theater shooter James Holmes in the second phase of his trial’s penalty portion. [New York Times]

  • Morning Docket

    Morning Docket: 07.17.15

    * “I don’t know what you heard about me, but a bitch can’t get a dollar out of me.” Truer lyrics have never been rapped. 50 Cent’s legal team will face off in bankruptcy court against lawyers for a woman owed $5 million thanks to a sex-tape scandal. [Business Insider]

    * You may be happy that income-based loan repayment exists and is saving you from defaulting on your law school debts, but in a few decades, you’re probably going to get F’d in the A by a ticking tax time bomb. [Student Loan Ranger / U.S. News]

    * If you missed it, James Eagan Holmes, the shooter in the Dark Knight movie theater massacre in Colorado, was convicted for killing 12 people and wounding 70 others. Next up is the sentencing phase of his trial, and the death penalty is on the table. [Denver Post]

    * The head honchos at Goldman Sachs are sad their second-quarter profits were reduced by ~half thanks to protracted litigation stemming from the financial crisis. The bank had to put away $1.45B for “mortgage-related litigation.” [DealBook / New York Times]

    * The stars at night may be big and bright deep in the heart of Texas, but Berg & Androphy, led by attorney David Berg, is trying its hand at big city life in New York. It got the hang of things, y’all: B&A has already poached two Kasowitz partners. [Lawdragon]