JURIST - Paper Chase

Tuesday, September 30

Florida Supreme Court sets aside DNA deadline
Jeannie Shawl at 9/30/2003 04:34:34 PM

In response to an emergency petition the Florida Supreme Court today issued a court order that sets aside an Oct. 1 deadline for convicts to request DNA testing that could prove their innocence, established by Florida Rule of Criminal Procedure 3.853(d)(1)(a). The deadline has been suspended so that the Court can consider the inmates' challenge to rule's constitutionality. A list of briefs filed in this case can be found here.

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Senate confirms Ninth Circuit Court of Appeals judge
Jeannie Shawl at 9/30/2003 03:36:05 PM

This is Jeannie Shawl at the JURIST anchor desk. The United States Senate has confirmed San Francisco Superior Court Judge Carlos T. Bea to serve on the Ninth Circuit Court of Appeals. The Ninth Circuit's press release can be found here[PDF].

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Michigan lowers legal blood alcohol limit
Matt Jacobs at 9/30/2003 02:53:36 PM

A new Michigan law takes effect today, lowering the legal blood alcohol limit from .10 to .08, the DetroitNow News reports. Michigan becomes the 44th state to lower this legal limit. View the new legislation here. Under the law, the penalty for drunk driving can be up to a $500 fine and 180 hours of community service.

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UN report says Israel's counter-terror actions violate human rights
Matt Jacobs at 9/30/2003 01:48:27 PM

This is Matt Jacobs at the JURIST anchor desk. The UN has released a report examining the lawfulness of Israel's counter-terrorism actions. The report, made by the Special Rapporteur of the Commission on Human Rights for the Occupied Palestinian Territory, says that Israel's use of force is not an appropriate response to threats of terrorism. Read the full report here. The Rapporteur characterizes Israel's actions as amounting to "de facto annexation," which would be unlawful under the Charter of the United Nations, and the Fourth Geneva Convention.

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US Supreme Court certiorari grants
Bernard Hibbitts at 9/30/2003 12:41:41 PM

The US Supreme Court this morning granted leave to appeal in 10 cases, including one that might affect death row sentences in Pennsylvania. Review the full list here[PDF]. For details of all the grants, see recent postings on SCOTUSBlog, from DC Supreme Court litigators Goldstein & Howe.

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Supreme Court asked to end secret arrests
Bernard Hibbitts at 9/30/2003 12:31:41 PM

Objecting to the practice of "secret arrest," New York-based monitoring group Human Rights Watch and other civil, immigrant and human rights organizations announced Tuesday that they have asked the US Supreme Court to overturn a June decision by the US Court of Appeals for the District of Columbia Circuit ruling that the US Justice Department did not have to release the names of over 1,000 people arrested in the United States following the September 11 attacks. Review Center for National Security Studies v. Ashcroft[PDF]

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Laws against leaking the names of CIA operatives
Bernard Hibbitts at 9/30/2003 12:09:32 PM

Bernard Hibbitts back at the JURIST anchor desk again, taking over from Tim Lyon. Former Nixon White House Counsel John Dean discussed the legislation laying down penalties for leaking the name of a CIA operative in this FindLaw column from August 15, calling the strategy a "worse-than-Nixonian tactic." Citing Article 42 of the Intelligence Identities Protection Act of 1982, Senator Charles Schumer called for an investigation of the alleged White House leaks in a letter to FBI Director Robert Mueller on July 24. The Washington Post offers an analysis of the 1982 statute here.

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Justice Department to investigate leak of CIA agent's identity
Timothy Lyon at 9/30/2003 10:38:56 AM

In a developing story on JURIST, the Washington Post reports that the Justice Department has opened a full investigation into whether the White House was involved in leaking a CIA operative's name to the media. A chronology of events is also available.

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Cost of filing a federal appeal increases
Timothy Lyon at 9/30/2003 10:15:49 AM

The Judicial Conference of the United States has announced that, pursuant to statute, the cost of filing an appeal to a US Circuit Court of Appeals will increase from $105 to $255 effective November 1, 2003.

FBI arrests Guantanamo translator
Timothy Lyon at 9/30/2003 09:31:05 AM

This is Tim Lyon at the JURIST anchor desk. CNN reports that the FBI has arrested Ahmed Melhalba, a civilian translator who worked with U.S. military in Guantanamo Bay, Cuba. Melhalba is the third man with ties to Guantanamo Bay to be arrested for possible espionage in the past two weeks. Officials are seeking to determine whether the three men - Melhalba, James Yee, and Ahmad al Halabi- are part of a conspiracy.

Today's schedule
Bernard Hibbitts at 9/30/2003 08:13:12 AM

Three new law student anchors make their debuts on JURIST's Paper Chase today - from 9-11 Timothy Lyon takes the center seat, from 1-3 it's Matthew Jacobs, and from 3-5 Jeannie Shawl takes over. All are second-years at the University of Pittsburgh School of Law. As usual, stay tuned!

This day at law - First execution in the American colonies
Bernard Hibbitts at 9/30/2003 08:09:25 AM

On this day in 1630, John Billington was hanged for murder in Plymouth, Massachusetts, becoming the first person executed in the American colonies.