CourtArtist.com

Theme of the Day: Death Penalty

Yesterday, April 15th, the Supreme Court appropriately delivered two tax related opinions.  Today, as they were about to hear arguments on a Louisiana law that permits the death penalty in cases of child rape, the Court announced their decision approving the use of lethal injection to administer capital punishment.

The sketch shows attorney Jeffrey Fisher arguing today for the petitioner in Kennedy v. Louisiana.  Fisher also appeared before the Supreme Court earlier this term representing the victims of the Exxon Valdez oil spill; a sketch of that argument can be found here.

Washington Post story on the Louisiana case is here.

NYT story on Lethal Injection here.

Historic Second Amendment arguments

The lines began Sunday evening. Today the Supreme Court was packed inside and ringed outside with demonstrators as the Justices heard arguments in a challenge to the DC handgun law - the toughest in the country. It's been nearly seventy years since the court last considered the right to bear arms.

The sketch shows Solicitor General Paul Clement at the lectern - notice the absence of notes.

Washington Post story here.

ScotusBlog analysis here.

'Lashon Hara' exception

Overcoming a traditional reluctance to tell a truth with bad intent, known as lashon hara,  the sin of gossip, in the Jewish community, two young men spoke out in a Baltimore courtroom Monday. As former bar mitzvah teacher Israel Shapiro was about to be sentenced on child sexual molestation charges one of the plaintiffs testified “This man destroyed my life in many ways."

Baltimore Jewish Times article here.

Exxon Valdez reaches the Supreme Court

Nineteen years after the disastrous oil spill in Alaska's Prince William Sound, and fourteen years after a jury awarded the victims $2.5 million in punitive damages, Exxon was pleading its case today before the U.S.Supreme Court. The sketch shows Walter Dellinger, the attorney representing Exxon, arguing before the Justices.

Dana Milbank's sketch here.

"Where's my goddam money?"

Congressman William Jefferson took the stand yesterday and testified about the manner with which FBI agents interviewed him and searched his home early one morning in 2005 while his wife and daughter slept. He described a trip to the bathroom accompanied by an agent, "I said are you going to watch me pee and he said 'yes.'" Referring to the $100,000. cash that Jefferson received from a government informant, $90,000. of which was later recovered from the freezer in his Capitol Hill home, he said an FBI agent yelled  at him "where's my goddam money?"

Times-Picayune story here.

Sad story in DC

Banita Jacks was discovered on Wednesday by marshals serving eviction papers in a dark house, where the electricity had been turned off months ago, with the long decomposing bodies of her four children, ages 5, 6, 11 and 17.  What led to this horrible outcome is not yet clear, but it's the worst local story I've covered in a long time.

Ms Jacks appeared before Magistrate Judge Karen Howze yesterday evening and was ordered held without bond until her next appearance on February 11.

Washington Post story here.

Indiana's Voter ID, not what it seems to be

The Supreme Court heard arguments yesterday in a challenge to an Indiana law requiring voters to present a photo ID.  Purported to curb voter fraud, the law is a clearly partisan measure to discourage certain voters, the mostly Democrat, elderly poor, from casting their ballot. But the Justices, perhaps haunted by Bush v. Gore, avoided the political issue by questioning petitioner's standing, and whether voter fraud was just "possible" rather than "likely".

The sketch shows Paul Smith, attorney for the Democratic challengers, arguing his case before the Justices.

Dahlia Lithwick has the story here.

Court examines mechanics of lethal injection

The Supreme Court Justices focused on the mechanical details of lethal injection in their questions to the attorneys arguing before them in Baze v. Rees today. Some Justices suggested that the case should go back to the lower courts where more evidence could be gathered about alternative administration of drugs for execution, a possibility that Justice Scalia objected to because it could extend the nationwide moratorium on executions; "it could take years" he said.

The sketch shows the attorney for the Kentucky death-row inmates, Donald Verrilli, Jr., arguing before the Court.

Washington Post story is here.

Court unlikey to open broad inquiry into CIA tapes

US District Judge Henry H. Kennedy, Jr seemed reluctant to grant the request by an attorney representing several Yemeni detainees at Guantanamo to compel the government to explain the destruction of CIA interrogation tapes. “Why should the court not permit the Department of Justice to do just that?” he asked David H. Remes, the lawyer for the detainees.

Remes, pictured below at the podium, replied “Plainly, the government wants only foxes guarding the henhouse."

Washington Post story here.

There's a name for it: zebibah

During the trial I blogged about the bruise on Moussaoui's forehead resulting from his prostrations during prayer, but I couldn't find the Arabic term for it. Well, it is called the zebibah and the NYT today has an article about it's popularity in Egypt among the fashionably pious.

The NYT article is here.

Sentencing is peachy for Italia Federici

Republican environmental advocate, and co-founder of CREA, Italia Federici was sentenced yesterday to a mere two months in a half-way house for tax evasion and obstructing a Senate investigation. Ms Federici, who once worked on former Interior Secretary Gale Norton's Senate bid, was romantically involved with the number two official at the Department of the Interior, J. Stevens Griles at the same time CREA was receiving checks totaling $500,000. from indian tribes represented by Jack Abramoff. Said her lawyer, "each man had his own agenda and each man used her for their own pleasure and gain".

Washington Post story here.

DC Tax employees help themselves to $20M

Two employees of the District's Office of Tax and Revenue in charge of tax refunds had been issuing illegal checks amounting to $20 million for the past six years that were cashed by friends and family.

Harriette Walters, pictured above with her attorney, Peter Ziedenberg, appeared before Magistrate Judge Alan Kay yesterday. Walters, an $81,000 a year tax assessment manager, was wearing a red, over-sized  Atlanta "Hard Rock Cafe" sweatshirt - probably not one of the $1.4 million worth of items she purchased at Neiman Marcus.

Also charged is Diane Gustus, seen below with her attorney A. Scott Bolden, a co-worker of Walters.

Washington Post story here.

'Roe v Wade of business cases'-not!

Stoneridge Investment Partners v. Scientific-Atlanta, hyped as "the Roe v. Wade of business cases", had the potential of clearing the way for billions of dollars in litigation, but by the end of Tuesday's arguments it was clear this business-friendly Court was not about to create a new liability for investment bankers and their business partners.

The sketch shows petitioner's attorney, Stanley M Grossman, arguing before the Court. Justice Breyer removed himself from the case and was not present.

Lyle Denniston has written an analysis on ScotusBlog.

Court struggles with sentencing gudelines

The Supreme Court today revisited federal sentencing guidelines in two cases where the trial judge made a downward departure.  Two years ago the Court decided that the guidelines should no longer be mandatory, but could still be used in determining a reasonable sentence.

In the first case attorney Jeffrey T. Green argued for petitioner Brian Gall who had been given probation rather than the jail term suggested by the guidelines.

Michael S. Nachmanoff, the Federal Public Defender in Alexandria, Va., argued for petitioner in the second case, Kimbrough v. US, that involved the disparity in sentencing guidelines for "crack" cocaine compared to powder, which is 100-to-1 : five grams  of crack gets you the same time as 500 grams of powder cocaine.

Deputy Solicitor General Michael R. Dreeben faced a skeptical court with no notes on his lectern (lawyer machismo?) and no amici briefs on his side.

WaPo story here.

GU Assailant Facebook IDed

The victim of an anti-gay assault identified his attacker from pictures on his Facebook.com profile.  Philip Cooney, 19, a Georgetown University sophomore was arraigned on simple assault, but may face more serious hate crime charges. The attack occurred in the early morning hours of Sept. 9 along the 1400 block of 36th Street, NW when Cooney allegedly taunted, tackled and punched the victim repeatedly for being gay.

Sen. Craig's lawyers try to withdraw guilty plea

In a suburban Minneapolis courtroom yesterday attorneys for Sen. Larry Craig sought to withdraw his disorderly conduct plea resulting from his arrest at an airport restroom where he reportedly solicited a sexual encounter through a series of foot-tapping and hand-swiping signals.

One of Craig's attorneys, Billy Martin, argued that the senator's actions were merely "innocuous" behavior, but Judge Charles A. Porter seemed skeptical and said that he would have a decision by the end of next week.

NYT story here.

Sex, lies and videotape?

Capitol Police sergeant Mike Malloy, left, watches as Assistant U.S. Attorney Michele Sartori questions a juvenile witness, identified only by her initials, whom officer Malloy is accused of having sex with and videotaping the act.

WaPo story here.

Voting Rights Act challenged

An unusual panel of jurists at the U.S. District courthouse in DC, made up of Circuit Judge David S. Tatel and District Judges Paul L. Friedman and Emmet G. Sullivan, heard arguments in a Texas case that seeks to change a key provision of the recently reauthorized Voting Rights Act. As it stands, districts with a history of discrimination at the polls are required to obtain pre-clearance from Justice before making any changes to their voting procedures.

The sketch shows Chris Ward, a lawyer for plaintiff Northeast Austin Municipal Utility District Number One, arguing before the panel.

AP's Pete Yost has the story here.

Yet another internet sex sting

U.S. Navy ensign and fourth-year medical student Troy Lewis sat with his attorney as Assistant U.S. Attorney Julieanne Himelstein summed up the government's case for the jury.  Lewis had used the internet to arrange a sexual encounter with a ten-year old, but his contact turned out to be an undercover DC police detective.

The local NBC4 has the story here (usually they do a better job shooting the sketches, and where's my credit?!?).

Another Abramoff defendant sentenced

Neil Volz, a former aide to convicted congressman Bob Ney who went on to work for disgraced lobbyist Jack Abramoff, was yesterday sentenced by Judge Ellen Huvelle to two years probation. He received leniency for his cooperation with the government in their prosecution of Ney and others.

The sketch below shows Volz testifying at the trial of former GSA chief David Safavian about the infamous St. Andrews golf trip.

Washington Post story here.