text:
tag:blogger.com,1999:blog-96150482014-11-27T09:13:45.668-05:00Southern District of Florida BlogThe SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email me at firstname.lastname@example.com Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-60202433613136456202014-11-26T09:26:00.003-05:002014-11-26T09:26:56.239-05:00Happy Turkey DayHope everyone has a wonderful Thanksgiving.

If you are working today and need a break, check out Judge Martin's 20-page dissent from an en banc denial (another example of no rehearing where the government won).

Or if you want a more fun read, the Miami Herald covered Judge Cooke's book club:

Marcia Cooke, a U.S. district court judge, recalls a Sunday Book Brunch Bunch meeting in which the members met for brunch and stayed past dinnertime.
"We ended up ordering brunch and dinner that time," she said.
The group of women, which includes an editor, an Urban League of Broward director and an acquisitions manager, meets once a month at different brunch spots to have a book discussion and girl talk.
"These are nice, intelligent, accomplished women who know a lot about literature, education and the community," said Khamisi Grace, director of programs at the Urban League. "It's a powerful thing."
Grace doesn't always finish the books and doesn't feel pressured to. She likes having the freedom to admit when she didn't like a book and debate with other members.
"The best conversations are on books people are in disagreement about," she said.
When Grace would choose a book for herself, she never used to go with books that had heavy themes. No longer.
"To me, reading is supposed to be a relaxing thing, like watching TV,'' she said. "I think the books you pick for a book club are different from the books you would pick for yourself because they launch a discussion in a different kind of way.''
Sandra Seals, an acquisitions manager, said she would have never picked up Fever by Mary Beth Keane, a novel about the first healthy carrier of Typhoid Fever in America.
The group reads anything and everything, but tries to avoid books that depict harm to animals and children. Last month was the exception. They read We Need to Talk About Kevin by Lionel Shriver, about a fictional school massacre and a mother's attempt to come to terms with the murders her teenage son committed.
"The book was intense," Cooke said.

Read more here: http://www.miamiherald.com/entertainment/books/miami-book-fair-international/article4060227.html#storylink=cpy

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-84392422181331631192014-11-25T10:04:00.000-05:002014-11-25T10:04:05.629-05:00"I'm kind of just fading away."That's current 11th Circuit Clerk of Court John Ley on his retirement.

If you are interested in becoming the new 11th Circuit Clerk, check out the announcement here. Salary is in around $165k. Alyson Palmer covers the story in this article.

Or if you are interested in becoming the court's Chief Mediator, click here.David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-63473412059922836112014-11-24T07:30:00.000-05:002014-11-24T07:30:01.082-05:00More en banc new from the 11th CircuitThis time it's from Judge Rosenbaum's barbershop case, which the blog covered here. The order granting hearing en banc is just a one-liner vacating the panel decision.

The panel decision started this way:

It was a scene right out of a Hollywood movie. On August 21, 2010, after more than a month of planning, teams from the Orange County Sheriff's Office descended on multiple target locations. They blocked the entrances and exits to the parking lots so no one could leave and no one could enter. With some team members dressed in ballistic vests and masks, and with guns drawn, the deputies rushed into their target destinations, handcuffed the stunned occupants—and demanded to see their barbers' licenses. The Orange County Sheriff's Office was providing muscle for the Florida Department of Business and Professional Regulation's administrative inspection of barbershops to discover licensing violations. We first held nineteen years ago that conducting a run-of-the-mill administrative inspection as though it is a criminal raid, when no indication exists that safety will be threatened by the inspection, violates clearly established Fourth Amendment rights. See Swint v. City of Wadley, 51 F.3d 988 (11th Cir. 1995). We reaffirmed that principle in 2007 when we held that other deputies of the very same Orange County Sheriff's Office who participated in a similar warrantless criminal raid under the guise of executing an administrative inspection were not entitled to qualified immunity. See Bruce v. Beary, 498 F.3d 1232 (11th Cir. 2007). Today, we repeat that same message once again. We hope that the third time will be the charm.

This continues the 11th Circuit's en banc history of only granting rehearing when the government loses. David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-58492406431970701822014-11-21T08:04:00.001-05:002014-11-21T08:04:26.935-05:00Sorry for the slow bloggingIt's been a crazy week, but we've had some great guest posts. Thanks for those!

We'll end the week with a post about judges starting to question these fake stings. From the NY Times:

"Stash-house stings" like this one in 2013 have sent more than 1,000 of the country's most "violent, hardened criminals" to prison, sometimes for terms of decades, according to the bureau, which has made a specialty of the ruses. The agency says it has conducted about 365 of these stings over the last decade, removing from the streets career criminals who are "willing to kill and be killed," with less risk to agents and neighbors than raids on real stash houses.

But this year, the judge in this Los Angeles case dismissed the charges against two of the defendants on the rarely invoked grounds of "outrageous government conduct." Judge Otis D. Wright II of Federal District Court described the bureau in his March decision as "trawling for crooks in seedy, poverty-ridden areas — all without an iota of suspicion that any particular person has committed similar conduct in the past."

Similar prosecutions have nearly always held up in court, and the agency strongly defends its methods and choice of targets. But over the last year, a growing number of federal judges have questioned the tactic.

A second judge in Los Angeles dismissed similar charges in May. The federal appeals court in Chicago last week mandated a new trial to allow evidence of possible entrapment. Other judges have demanded data from the bureau to help them explore whether the stings, which nearly always land black or Hispanic defendants, involve illegal racial targeting.

The stash-house stings are a prime example of thespreading federal use of undercover agents in many fields, a trend that law enforcement officials say is efficient and safe but that raises unease among civil liberties advocates.

On Thursday, a federal appeals court in California heard the government's motion to reinstate criminal charges in the case that Judge Wright criticized, and itscall that the judge be removed from the case for bias.

"The conspiracy was real; the guns were real; the defendants' intent to use them to violently rob a cocaine stash house was real; and the defendants' criminal histories were real," the federal prosecutors argued in their brief. The supposed stock of cocaine had to be set high, they said, to make the proposal credible.

Continue reading the main story

In May, also in Los Angeles, Judge Manuel L. Real of Federal District Court dismissed charges against three other men, saying the government "steers too close to tyranny." He said that the agents initially knew little about the defendants except that "they were from a poor neighborhood and minorities." The government has appealed.

And last week, in another setback for federal agents, the United States Court of Appeals for the Seventh Circuitmandated a new trial for a defendant in a Chicago suburb who said he had been pressured into planning the robbery for which he was sentenced to nearly 27 years. The trial judge had erred, the circuit court ruled, by not allowing an entrapment defense.

In a separate line of attack on the drug stings, defendants in Chicago and elsewhere have filed motions to require the bureau to provide data on the racial makeup of sting targets, and information on how the agency selects its targets.

In one case, the agency asked the court to dismiss charges rather than be required to comply. In several others, after judges found at least suggestive evidence of racial targeting and approved the data request, the agency has complied, though the information remains under seal.
David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-80992529852767013812014-11-18T16:30:00.001-05:002014-11-19T10:34:21.243-05:00Judge Robin Rosenberg Invested as District Court Judge by ADAM RABINAdam Rabin, the author of this post, is a partner at McCabe Rabin. Photo credit to Daniel Portnoy Photography.

On November 14, Southern District of Florida Chief Judge Michael Moore swore in Judge Robin Rosenberg as a District Court Judge before many federal and state court judges, bar leaders, family and friends. The ceremony was moving and captured the personal side of Judge Rosenberg.

The investiture led off with Jonathan Paine, the son of the late U.S. District Judge James C. Paine, whom Judge Rosenberg clerked for after graduating from Duke Law School. Jonathan spoke of how life comes full circle sometimes with Judge Rosenberg's getting sworn in the same court room as Judge Paine had presided back when Rosenberg was clerking for him.

Past President of The Florida Bar, Scott Hawkins, presented the Bible and spoke of the nearly 75 hearings that he had before Judge Rosenberg in a hotly contested state court case over the last few years and how she never raised her voice once or lost her composure during the proceedings.

Fourth DCA Judge Robert Gross, with whom Judge Rosenberg occasionally sat as an associate judge, spoke of her work ethic and legal acumen. Judge Gross also told a story on how his clerk performed an appellate review of a case that Judge Rosenberg handled as a trial court judge and had to enter a separate order on 70 different motions. One by one, she did not just enter granted or denied. Instead, she engaged in a separate, individualized legal analysis on each motion with findings and conclusions. The law clerk commented to Judge Gross that he had never seen anything like it.

Judge Rosenberg's husband, former Palm Beach County State Attorney, Michael McAuliffe, also spoke on Judge Rosenberg's accomplishments. In talking about the Senatorial judiciary confirmation process, McAuliffe analogized a common expression when mountaineering (a hobby for McAuliffe who re-climbed Kilimanjaro this summer) that "It's always further than it looks. It's always taller than it looks. And it's always harder than it looks."

The show was stolen, however, when Judge Rosenberg and McAuliffe's elder daughter, Sydney Rosenberg McAuliffe, a freshman at Duke, took the podium. She spoke of the accomplishments and role-modeling that her mother had provided for her and her younger brother and sister as a professional. More significantly though, Sydney spoke of their close, best-friend relationship and that while her "mom accomplishes more than most by dawn," it is her love for and unyielding investment in her children that was her most laudable accomplishment. Most of the audience had to brush off the tears.

Judge Rosenberg closed with thanking her parents, children, family, friends, state-court judicial colleagues, the federal judges who have welcomed her, President Obama, and Senators Nelson and Rubio.

If you have never been to a federal-court (or state-court) judicial investiture, you should attend one. They always remind me of how fortunate we are to practice law, re-instill the importance of professionalism and civility in our profession, and reinforce how family and friends contribute greatly to one's success.

Congratulations to Judge Rosenberg on an investiture that had most attendees smiling through the weekend.

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-61733805309034480182014-11-17T16:30:00.000-05:002014-11-18T10:12:13.363-05:00A 'humble giant' by Bill Cooke

Bill Cooke, the author of this post, is a Miami photojournalist and publisher of the Random Pixels blog.

I first met Judge William Hoeveler sometime around 1990, right after he'd been assigned to preside over the trial of Panamanian dictator Manuel Noriega.

A writer for the Los Angeles Times wrote this after he was picked:

"He stands 6-feet-3, his hair is silver-gray, he speaks in a rich baritone, and his bearing is nothing less than magisterial....

"If you went to Central Casting and said, 'Give me a judge,' " says top Miami defense attorney Roy Black, "you couldn't get someone better than William Hoeveler.

"But he not only looks like a perfect judge," adds Black. "He is."

Back then, I was a freelance photographer shooting news assignments for the Associated Press.

There were lots of stakeouts at the federal courthouse as the trial date neared. Stuff that usually involved taking pictures of attorneys entering and leaving the courthouse. Not very exciting.

In 1991, one newspaper reported there were "more than 250 pretrial pleadings, motions, responses, memorandums and court orders" in the months leading up to the trial.

At some point, I decided to approach the major players involved in the case and ask them if I could shoot their portraits in a formal setting: Noriega's defense attorney, the prosecutors, and of course, Judge Hoeveler.

This was, after all, going to be what some would call the Trial of the Century.

Frank Noriega, Myles Malman, Guy Lewis and Pat Sullivan all agreed to give me some time.

And then I called Judge Hoeveler. I'd been introduced to him some weeks before by a mutual friend.

"Would you mind if I shot a portrait of you in your chambers, Judge? You know...for history?"

"Of course," was his response, "When would you like to do it?"

A date was set and I lugged my equipment up to the ninth floor. As I shot pictures in his chambers, I soon became fascinated with this man who treated me - a somewhat disheveled and unrefined news photographer - with genuine respect. The judge didn't judge or criticize. He even laughed at my corny jokes.

I soon learned that I wasn't alone. Judge Hoeveler, I found out, had a reputation for treating everyone the same way. With respect.

Finally, in September 1991, as the trial was about to get underway, I found myself back at the courthouse. I was assigned to get a picture of the judge when he arrived for the first day's proceedings

I decided to stake out the entrance to the courthouse's underground garage - joined by a few TV cameramen - in the hope of getting a shot or two before he disappeared into the garage.

It wasn't long before the judge drove up to the guard shack.

But instead of driving in, he rolled down the window and chatted with us for a bit. He seemed genuinely bewildered, but nevertheless amused, by all the attention he was getting. As we chatted, the judge's equally bewildered Akita, Nisei, peered at us from the back seat of the car.

Here was a judge arriving for perhaps the most important trial of his career, but he still found the time to talk with some scruffy news photographers. Respect.

Over the years, I found myself back in his chambers for various reasons. I always looked forward to those visits. And when I couldn't visit, I picked up the phone just to say hello and to chat for a few minutes. His secretary, Janice, never told me that he was too busy to talk.

Almost 25 years later, I still call Judge Hoeveler a friend.

I revere the man.

A few months ago, I read that he was finally going to retire.

I made a mental note to go downtown and see him, but I kept putting it off, afraid perhaps, that I might become too emotional.

A few weeks ago, the judge's daughter, Margaret, posted something on Facebook about a going away party that had been held in his honor.

I decided to call her.

"I'd like to visit with your dad. Do you think that's possible?"

"Sure," she said, "why don't you call him?"

Last week, I called him. But because it was 8 p.m., I was sure his wife, Christine, would answer.

Not a chance. A strong, clear, familiar voice answered.

"Hi," I said, "this is Bill Cooke."

"And this is Bill Hoeveler," came the answer.

"I'd like to come see you," I said.

"You're welcome to come anytime," he said.

On Saturday, Michael Putney and I dropped in on the judge and Christine. Shortly after we arrived, Margaret popped in.

We shared some stories, laughed a lot, and someone - I'm not sure who - may have even shed a tear or two.

After our visit, I posted some pictures on Facebook. I noted that I wasn't proficient enough in the English language to adequately describe Judge Hoeveler.

In my opinion, the word "great" isn't descriptive enough.

A few hours after I posted on Facebook, the Miami Herald's federal courts reporter, Jay Weaver, left a comment on my post calling the judge "a humble giant."

Indeed, Jay. Indeed.

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-12588449381077350432014-11-16T13:28:00.001-05:002014-11-16T13:28:18.722-05:00Big 5-4 en banc opinion from the 11th CircuitThe blog covered the panel decision in Spencer v. U.S. here in which the panel held:

We hold that a defendant who unsuccessfully raised a career offender issue at both sentencing and on direct appeal can use a timely-filed first motion under 28 U.S.C. § 2255 to pursue the same issue when an intervening case from the Supreme Court validates his argument and applies retroactively. Under that intervening case, this defendant's third degree Florida felony child abuse conviction no longer qualifies as a predicate crime of violence. He therefore is not properly treated as a career offender. We vacate the district court's denial of his section 2255 motion and remand for resentencing.
Seems rather straightforward. Someone who preserves an issue should be allowed to raise it when the law changes, especially where it means an extra 81 months in prison.

But the 11th Circuit in a 5-4 opinion, per Judge Pryor (joined by Ed Carnes, Hull, Tjoflat & Marcus), said no:

This appeal concerns whether a federal prisoner may relitigate an alleged misapplication of the advisory United States Sentencing Guidelines in a collateral attack on a final sentence. After he pleaded guilty to distributing cocaine and we affirmed the judgment against him, Kevin Spencer moved to vacate his sentence of imprisonment, 28 U.S.C. § 2255, for an alleged error in the application of the advisory guidelines. Spencer argues that an intervening decision of the Supreme Court, Begay v. United States, 553 U.S. 137, 128 S. Ct. 1581 (2008), makes clear that the district court and this Court erroneously classified him as a "career offender" based on a prior conviction for felony child abuse, which he argues is not a "crime of violence." United States Sentencing Guidelines Manual § 4B1.1 (Nov. 2006). Spencer maintains that this alleged error represents a "fundamental defect which inherently results in a complete miscarriage of justice," Hill v. United States, 368 U.S. 424, 428, 82 S. Ct. 468, 471 (1962), that can be revisited on collateral review. We disagree.
 There were a number of powerful dissents by Martin, Jordan, Wilson & Rosenbaum.

Here's Judge Wilson:

Kevin Spencer has served approximately eight years of the prison sentence he received after pleading guilty to selling two rocks of crack cocaine to an undercover police officer. Had the district court correctly applied the sentencing guidelines, Spencer would likely be a free man today. Instead, because of the district court's erroneous application of the career offender enhancement, Spencer faces the prospect of spending nearly six more years in prison unnecessarily.
Contrary to the Majority, I do not read Supreme Court precedent to say that a "lawful" sentence forecloses a determination by us that a complete miscarriage of justice has taken place in Spencer's case. Accordingly, I would reach the merits of Spencer's claim because I believe that an erroneous guideline determination that is likely to result in a person spending such a considerable amount of additional time in prison—here, six years—constitutes a fundamental error resulting in a complete miscarriage of justice.
 Judge Martin:

I believe the federal courts as an institution would be stronger if we simply acknowledge that we got Mr. Spencer's sentence wrong from the start, and fix it. The government now concedes that, contrary to its argument to Mr. Spencer's sentencing court in 2007, he had no prior crime of violence conviction at the time he was sentenced. But the government nevertheless urges this Court to lay the burden of its mistaken 2007 argument upon Mr. Spencer. The majority of this Court has done just that. So Mr. Spencer will continue to serve an extra many years of a mistaken sentence, even though he has been right about how we got his sentence wrong from the start.

Judge Jordan:

Kevin Spencer is serving more than 12 years in prison (151 months to be exact) for selling $20 worth of crack cocaine. The panel found, see Spencer v. United States, 727 F.3d 1076, 1100 (11th Cir. 2013), the government now concedes, see En Banc Brief for the United States at 57-58, and the majority does not dispute, that Mr. Spencer's mistaken career offender designation more than doubled his advisory sentencing range from 70-87 months to 151-188 months. For those of us familiar with—and sometimes numbed by—the ranges produced by application of the Sentencing Guidelines, it may be easy to overlook the dramatic increase resulting from the error. To put it in perspective, the 81-month increase is roughly the time needed to complete both college and law school.
And Judge Rosenbaum starts off this way:

Today the Court holds that Sentencing Guidelines error that does not cause the imposition of a sentence greater than the statutory maximum can never be cognizable under § 2255 unless a prior conviction on which an enhancement is based is vacated or the petitioner is actually innocent of the crime for which he was sentenced. The reason for this, the Court explains, is that all sentences based on errors under the Sentencing Guidelines but still lower than the statutory maximum are necessarily "lawful," and "lawful" sentences are not cognizable under § 2255. But the notion that "lawful" sentences cannot be challenged on a § 2255 petition is not supported by United States v. Addonizio, 442 U.S. 178, 99 S. Ct. 2235 (1979), the case on which the Court relies for the proposition, and is undermined by the statute's own text.

Powerful dissents. It just seems absolutely wrong to let a man sit in prison for 81 more months when everyone acknowledges that he wasn't a career offender. Why is finality is worthy goal when justice, fairness, and the law dictate a different result. If Spencer is sentenced today, he probably gets 2 years instead of 15.

It is worth noting that the two newest court members, Julie Carnes and Jill Pryor, did not participate. Also, Senior Judge Phyllis Kravitch who was part of the panel elected not to participate. And the visiting district judge on the panel was not permitted to participate. So this case may well have turned out differently if the new judges were on the en banc court. This case looks destined for the Supremes.
David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-42570077606771639532014-11-14T09:03:00.002-05:002014-11-14T09:03:22.152-05:00Robin Rosenberg's investiture todayCongrats to Judge Robin Rosenberg, who will have her formal investiture today at 3pm in West Palm Beach. Exciting stuff!

David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-4982142688024517332014-11-13T07:52:00.001-05:002014-11-13T07:52:20.010-05:00"What the prosecutor said isn't true."That was Marty Raskin doing his best My Cousin Vinny in opening statements for the ICE agent on trial before Judge Altonaga. The Herald has the details:

Juan F. Martinez was a "corrupt" federal agent who pocketed hundreds of thousands of dollars from informants while extorting a Colombian business and drug traffickers with the power of his badge, a prosecutor told Miami jurors Wednesday.
Martinez, a suspended Immigration and Customs Enforcement agent, knew nothing about the suspicious payoffs that swirled around him and that his informants were the real criminals, a defense attorney countered during opening statements of his client's federal extortion trial.
"What the prosecutor said isn't true," attorney Martin Raskin told the 12 jurors.
Martinez, 48, faces up to 20 years in prison if he is convicted of an extortion conspiracy charge or related offenses in a 12-count indictment filed last December. His trial is expected to last three weeks before U.S. District Judge Cecilia Altonaga.
Martinez, who joined ICE in 2001 before being suspended without pay a decade later, has investigated Colombian cartels, paramilitary groups and other drug traffickers.
The charges allege that Martinez used his official ICE position to extort more than $2 million from a Colombian company, some of its employees and drug traffickers in exchange for purported law-enforcement protection and immigration benefits between 2009 and 2011, according to prosecutors Michael Nadler and Karen Gilbert.
Martinez, a one-time Miami police officer, became the target of a federal criminal investigation after undercover agents spotted him during a March, 29, 2011 meeting with a Colombian drug-trafficking informant at the touristy Bayside Marketplace in downtown Miami.
The informant gave Martinez a bag stuffed with more than $100,000 in alleged cash bribes — courtesy of the Colombian company that they were shaking down, prosecutors said.
Unbeknownst to Martinez, Drug Enforcement Administration agents stumbled onto Martinez that March day because they had been investigating his informant, Jose Miguel Aguirre-Pinzon, whom they saw make the alleged cash delivery at Bayside, according to sources familiar with the probe.
Martinez was later stopped by DEA agents on his way back to ICE's field office in west Miami-Dade. DEA agents found the alleged payoff stashed inside Martinez's car.
"That is the day that the house of cards built by the defendant with lies and deceit began to crumble," Nadler told jurors during opening statements.
But Raskin, the defense attorney, said the payoff was not what it appeared to be. "The money was given to Agent Martinez to hold over night because Miguel [the informant] was afraid to hold the money in his hotel room over night," he said.

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-87592885891037088272014-11-12T08:06:00.003-05:002014-11-12T08:06:53.447-05:00Should the Supreme Court and its Justices be more open?Well, they couldn't be more secretive according to a new push to open up the Court. From USA Today:

As in: They don't publicize their schedules. They don't state their conflicts when recusing themselves from cases. They don't put their financial disclosures online. They don't bind themselves to a code of conduct. And they don't let cameras in the courtroom.
"The Supreme Court has taken on a larger role in American life in recent years. With that increased power comes the need for increased accountability," says Gabe Roth, former manager of the Coalition for Court Transparency, which has focused largely on the need for greater video and audio coverage of the court.
The new effort, to be called "Fix the Court," is intended to bring more media and advertising firepower to what has been a diffused effort on the part of liberal, conservative and government watchdog groups concerned about the high court's renowned seclusion.
It opens Wednesday with a six-figure advertising campaign aimed at politically active fans of Fox and MSNBC, as well as online sites. Funding comes from the non-partisan New Venture Fund.
"They told us where we can pray, picked our president, allowed billionaires to buy elections and made choices of life and death," the ad intones. "Nine judges, appointed for life to a court that makes its own rules and has disdain for openness and transparency — the Supreme Court, the most powerful and least accountable branch of government."
The campaign will open with five goals:
•It wants the justices to specify why they recuse themselves from cases, so the public can gauge their potential conflicts of interest.
•It wants annual financial disclosures filed online, with more details about the justices' benefactors.
•It wants them to abide by the same code of conduct that applies to other federal judges.
•It wants advance notice of their public appearances.
•It wants improved media and public access to their courtroom and plaza.
The justices' elusiveness has baffled reporters for years, inspiring outside efforts to track their travels in advance. The latest is a Twitter-based service called "SCOTUS Map" that collates future appearances on a map of the world.
"They're public figures. What they say makes news," Roth says. "They shouldn't be hiding their public appearances."
Meantime, the Court will be deciding whether to hear a case concerning the right to have fish-nibbling pedicures:

A Gilbert spa owner wants the U.S. Supreme Court to rule she has a constitutional right to have fish nibble on her customers' toes and charge them for that.
Attorney Clint Bolick of the Goldwater Institute said that's the only path now open to Cindy Vong, owner of La Vie salon, after the Arizona Supreme Court refused last week to consider her plea. That left in place a state Court of Appeal ruling which said the state Board of Cosmetology was legally entitled to stop her from using the fish.
Bolick said the issue is larger than just Vong.
He said it's one thing for government to impose restrictions designed to protect public health and safety. But Bolick said the lower court ruling, if left undisturbed, allows state officials to ban an entire business practice.
"The issue is really a business's right to exist," he said.

My fellow germaphobes, would you put your feet in that water?

He cited a study done by the health protection agency in the United Kingdom.
"There has not been a single documented instance of harm from fish spas in the entire world," Bolick said. "And that has been confirmed by the U.S. Centers for Disease Control."
He also said that UK study found the risk to be "miniscule" and can be further reduced by following certain health and safety protocols.
Aune dismissed the UK study, saying that health oversight in Europe is not the same as it is here, with no real place for consumers who had developed infections to complain.
She said Arizona and other states had a problem about a decade ago when contaminated water used for foot baths resulted in ulcers on the legs of customers.
"It was the buildup in the pipes that weren't getting cleaned out each night and each week," Aune said.
She said that, questions of whether the fish themselves can transmit disease, the same problems can develop from having the fish in the water. And Aune said there's really no way to disinfect the water.
"Not without killing the fish," she said.
"They dirty the water," Aune continued. "The water could never stay clear."

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-87156904115326307322014-11-11T08:16:00.000-05:002014-11-11T08:26:40.350-05:00Veterans DayRumpole has his yearly post up about Veterans Day. It's a good read.

The courts are closed today, but what about your office? Seems like most people are working. True?

<form action="http://poll.pollcode.com/93678253" method="post">

Is your office closed today, on Veterans day?

<input id="answer936782531" name="answer" type="checkbox" value="1" /> Yes, my office is closed when the courts are closed. <input id="answer936782532" name="answer" type="checkbox" value="2" /> Yes, my office is closed when the schools are closed. <input id="answer936782533" name="answer" type="checkbox" value="3" /> No, my office is open except for holidays like Thanksgiving. <input id="answer936782534" name="answer" type="checkbox" value="4" /> No, my office is open when the stock market is open. <input id="answer936782535" name="answer" type="checkbox" value="5" /> No, my office is open every day. <nobr><input type="submit" value=" Vote " /> <input name="view" type="submit" value=" View " /></nobr>

pollcode.com free polls

</form>David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-32111698731108961342014-11-07T21:47:00.002-05:002014-11-07T21:47:40.352-05:00FDC-Miami holds first Daddy-Daughter DanceThis is both incredible and awfully sad at the same time (via the Miami Herald):

The bureau hosted its inaugural Daddy-Daughter dance to create an enduring memory, one that can carry inmates to the outside world with a different perspective and offer daughters the hope that there will be more such moments. It is part of the bureau's broader reentry program to reach out to the children and families of offenders and strengthen their bonds, critical for transitioning back home. "You are a key to the success of your father," Federal Bureau of Prisons Director Charles E. Samuels Jr., told the 20 girls, aged 4 to 18, who had assembled to meet their fathers, all minimum-security, nonviolent offenders.
In a third-floor prison meeting space transformed into a ballroom with a fairytale theme, 13 fathers in suits and ties and tuxedos spent two hours with their girls, this long-held tradition unfolding without the harshness of uniforms and visiting rooms and prison walls. They danced. They swayed. They held tight. They laughed. They cried. And these fathers who have been gone for years remembered the chapters they had missed: birthdays, holidays, first tooth, first crush, first heartbreak.
Some of the girls are so young, they only know a father confined; others are old enough to remember what life was like when their father was home.
"I haven't been there for so many special moments," said inmate Michael Rangel, 40, his eyes welling up. The father of three daughters has been in prison almost three years for cargo theft and is scheduled to enter a halfway house in January. "I talk to them and email them all the time, but it's not the same as being there."
The whole article is worth a read, and there are some great pictures by Al Diaz at the Herald link.

David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-32437536670583888342014-11-07T08:18:00.001-05:002014-11-07T08:18:24.037-05:006th Circuit upholds gay marriage ban, creates circuit splitIt's an interesting debate about the role of judges. Is it the judiciary's duty to defer to the will of the people or to provide a check against the majority while upholding our constitutional rights. I think the dissent has the better of this one (here are both opinions):

Today, my colleagues seem to have fallen prey to the misguided notion that the intent of the framers of the United States Constitution can be effectuated only by cleaving to the legislative will and ignoring and demonizing an independent judiciary. The framers crafted Article III to ensure that rights, liberties, and duties need not be held hostage by popular whims. If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams.

Meantime, Sandy Yates, the wife of Supreme Court litigant John Yates, posted in our comment section for yesterday's post:

Just to clarify a couple of points. The fish measured off shore had been frozen for 4 days. When remeasured on shore were put up a metal conveyor and dumped into a vat of water in August in Florida. Hmmm, do you think they may have thawed out. The average fish on shore were 1/2 on bigger than off shore. In addition the FWC officer testified he does NOT measure fish in accordance with federal law. Now, add the fact that the FWC expert witness provided a document with an analysis of measuring the fish the correct way those fish (even frozen) were mostly over 20 inches. Not for the clincher. While NOAA was running around getting this "paper shredding indictment", the head Law Enforcement officer for the whole US was in front of Congress for shredding 80% of his files while being investigated by the Inspector General's Office for abuse of fisherman. Ironic, don't you think.

Go get 'em Mrs. Yates!David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-89256829153424658872014-11-05T14:45:00.002-05:002014-11-05T14:45:32.306-05:00"No, I'm not talking about Congress. I'm talking about the prosecutor. What kind of a mad prosecutor would try to send this guy up for 20 years or risk sending him up for 20 years?"That was Justice Scalia today in the "fish case", Yates v. U.S., going after the government lawyer for his argument on the statute. SCOTUSBlog has a summary of the oral argument, which looks like it was a rough ride for the SG's office:

Within minutes, Scalia leaned forward and, accusingly, told Martinez that he was defending the law and its use for someone who got only thirty days. "What kind of sensible prosecutor does that? Who do you have who exercises prosecutorial discretion? Is it the same guy who brought Bond, last Term?" — a reference to a decision in which the Court had ruled that the Justice Department had gone too far in using a law against the spread of chemical weapons to prosecute a woman for trying to poison her husband's lover.
 Scalia pressed on, noting the potential for a twenty-year prison sentence under this law, and asking "what kind of mad prosecutor" would use that law in a case like this one? Martinez weakly responded that the prosecutors had not asked for a twenty-year sentence against the fisherman.
 Justice Ruth Bader Ginsburg then interjected, asking whether the Justice Department provided any guidance, "any kind of manual" to limit prosecutors. Martinez answered that the manual for U.S. attorneys told them that, in choosing what crimes to charge, to go for the "most severe available."
 In view of that, Scalia retorted, the Court was going to have to be "much more careful" about how it interpreted federal criminal laws. When Martinez tried to portray the fisherman as someone who ordered the destruction of evidence, disobeyed a federal officer, and worked out a cover-up scheme, Chief Justice John G. Roberts, Jr., commented: "You make him sound like a mob boss."
 Just what sentence did prosecutors recommend here, Justice Kennedy asked. Martinez said twenty-one to twenty-seven months, but then added that thirty days here was "reasonable" and twenty years "would have been too much."
 The hearing's tone had changed totally, and Martinez was on the defensive throughout the remainder of his time. He tried to recover by going over the specific words and headings in the law, trying to show what Congress had intended for the law.
 As he was nearing the end of his half-hour, Martinez was suddenly confronted by Justice Samuel A. Alito, Jr. The lawyer, the Justice said, had a lot of arguments on the fine points about the law, but "you are asking us for something that is pretty hard to swallow," that this law could be used for "really trivial matters."
 When Martinez protested that the law would not be used for "trivial matters," Alito conjured up just such small offenses as throwing a single trout, illicitly caught, back into a lake, and then Justice Breyer asked about kicking a small ember away to try to conceal a forbidden campfire in a public park. "You could multiple the examples beyond belief," Breyer said.
 In between those exchanges, Justice Kennedy commented acidly that the Court perhaps should no longer refer to the concept of "prosecutorial discretion" if it was open to use as in this case.
 Martinez's woe had started with Justice Scalia, and it never ended until he sat down.
David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-36603248408523706252014-11-04T15:56:00.001-05:002014-11-04T15:56:54.278-05:00Judge Hoeveler's retirement receptionHere he is with some of his colleagues from last week's reception honoring him.

David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-54606014068241510892014-11-03T17:30:00.000-05:002014-11-04T11:40:43.558-05:00Ft. Lauderdale jury finds UBS executive not guilty in tax caseMatthew Menchel represented Raoul Weil in this lengthy trial before Judge Cohn. Here's the AP's Curt Anderson:

A federal jury acquitted a former top Swiss banking executive of U.S. charges that he conspired with wealthy Americans to hide $20 billion in secret accounts from the Internal Revenue Service.
Jurors deliberated just over an hour before returning the not guilty verdict for Raoul Weil, formerly the No. 3 executive at UBS AG. He had faced up to five years in prison and a $250,000 fine if convicted of conspiring to defraud the U.S. government.
"We're obviously pleased with the verdict. This was a case that should never have been brought," said Weil's attorney, Matthew Menchel.
...
In the courtroom, Weil hugged his wife and lawyers, clenching both fists when the verdict was announced.
Weil was the highest-ranking Swiss banker prosecuted under an IRS and Justice Department crackdown on Americans' use of offshore accounts to dodge U.S. taxes. In 2009, UBS paid a $780 million U.S. fine and disclosed names of thousands of American account holders to the IRS, many of whom were later prosecuted.
David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-31514552111157803312014-11-03T15:17:00.004-05:002014-11-03T15:17:46.176-05:00"An estimated 20,000 persons, or more, ... are in prison for crimes to which they pleaded guilty but did not in fact commit."And those are conservative numbers according to Judge Jed Rakoff, who has written a compelling piece explaining that innocent people are pleading guilty to crimes that they have not committed. There is a lot to blame for this phenomenon but he offers this solution:

What can we do about it? If there were the political will to do so, we could eliminate mandatory minimums, eliminate sentencing guidelines, and dramatically reduce the severity of our sentencing regimes in general. But even during the second Obama administration, the very modest steps taken by Attorney General Eric Holder to moderate sentences have been met by stiff opposition, some from within his own department. For example, the attorney general's public support for a bipartisan bill that would reduce mandatory minimums for certain narcotics offenses prompted the National Association of Assistant US Attorneys to send an "open letter" of opposition, while a similar letter denouncing the bill was signed by two former attorney generals, three former chiefs of the Drug Enforcement Administration, and eighteen former US attorneys.
Reflecting, perhaps, the religious origins of our country, Americans are notoriously prone to making moral judgments. Often this serves salutary purposes; but a by-product of this moralizing tendency is a punitiveness that I think is not likely to change in the near future. Indeed, on those occasions when Americans read that someone accused of a very serious crime has been permitted to plea bargain to a considerably reduced offense, their typical reaction is one of suspicion or outrage, and sometimes not without reason. Rarely, however, do they contemplate the possibility that the defendant may be totally innocent of any charge but is being coerced into pleading to a lesser offense because the consequences of going to trial and losing are too severe to take the risk.
I am driven, in the end, to advocate what a few jurisdictions, notably Connecticut and Florida, have begun experimenting with: involving judges in the plea-bargaining process. At present, this is forbidden in the federal courts, and with good reason: for a judge to involve herself runs the risk of compromising her objectivity if no bargain is reached. For similar reasons, many federal judges (including this one) refuse to involve themselves in settlement negotiations in civil cases, even though, unlike the criminal plea bargain situation, there is no legal impediment to doing so. But the problem is solved in civil cases by referring the settlement negotiations to magistrates or special masters who do not report the results to the judges who handle the subsequent proceedings. If the federal rule were changed, the same could be done in the criminal plea bargain situation.
As I envision it, shortly after an indictment is returned (or perhaps even earlier if an arrest has occurred and the defendant is jailed), a magistrate would meet separately with the prosecutor and the defense counsel, in proceedings that would be recorded but placed under seal, and all present would be provided with the particulars regarding the evidence and issues in the case. In certain circumstances, the magistrate might interview witnesses or examine other evidence, again under seal so as not to compromise any party's strategy. He might even interview the defendant, under an arrangement where it would not constitute a waiver of the defendant's Fifth Amendment privilege against self-incrimination.
The prosecutor would, in the meantime, be precluded from making any plea bargain offer (or threat) while the magistrate was studying the case. Once the magistrate was ready, he would then meet separately with both sides and, if appropriate, make a recommendation, such as to dismiss the case (if he thought the proof was weak), to proceed to trial (if he thought there was no reasonable plea bargain available), or to enter into a plea bargain along lines the magistrate might suggest. No party would be required to follow the magistrate's suggestions. Their force, if any, would come from the fact that they were being suggested by a neutral third party, who, moreover, was a judicial officer that the prosecutors and the defense lawyers would have to appear before in many other cases.
Would a plan structured along these lines wholly eliminate false guilty pleas? Probably not, but it likely would reduce their number. Would it present new, unforeseeable problems of its own? Undoubtedly, which is why I would recommend that it first be tried as a pilot program. Even given the current federal rules prohibiting judges from involving themselves in the plea-bargaining process, I think something like this could be undertaken, since most such rules can be waived and the relevant parties could here agree to waive them for the limited purposes of a pilot program.
I am under no illusions that this suggested involvement of judges in the plea-bargaining process is a panacea. But would not any program that helps to reduce the shame of sending innocent people to prison be worth trying?

David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-92022370240897083102014-11-03T09:37:00.002-05:002014-11-03T09:37:58.044-05:00Stop using Courier (and Times New Roman)Font choices are in the news because the Massachusetts Supreme Court is still using Courier, as are a number of judges in this District. You must stop! From the Boston Globe:

The court's opinions all come down in Courier, the old-fashioned typeface designed to mimic electric typewriters. Courts are known for being tradition-bound, but today the SJC is one of only five state high courts that still issue opinions in Courier. And Massachusetts is one of only three states—along with Alabama and New Jersey—that essentially force appeals court attorneys to file their briefs in the font.

As a result, Massachusetts court proceedings have an almost uniquely retro look. The US Supreme Court publishes its opinions in neat, literary Century type. The State Department defected from Courier a decade ago in favor of Times New Roman. Even middle-school students can print their papers in high-toned Bodoni or Garamond.

"If the court asked, 'So, would you like to stop using Courier?' there probably would be a tsunami of, 'Yes, please!'" said Susan Sloane, the director of Legal Research and Writing at Northeastern University School of Law.

Why does Massachusetts cling to Courier? The habit began with typewriters, of course, but its persistence in 2014 offers an illustrative window into the workings of the court, where deference to judges—and to precedent—governs things that have nothing to do with the law itself.

In the type world, Courier is what's called a "monospaced" font, in which letters are squeezed or stretched to have equal width and spacing; for example, Courier adds a wide tail to lowercase "i" and squishes "w," so they take up the same amount of room on the page. Most fonts used for texts today—including the one you're reading—are "proportional," meaning the spacing of each letter varies according to its size. These are easier to read, but didn't work for typewriters, which were mechanically unable to vary spacing or the width of the metal type.

For decades, most appellate court briefs and opinions were produced on Courier typewriters, so they all looked the same. They also all had roughly the same number of words per page, because of the font's uniform monospacing. So judges could conveniently and fairly set a page-count limit on their length.

With the advent of computers, lawyers began dabbling in different fonts that looked better—but also let them squeeze way more text onto the page. A 50-page brief might have the equivalent of 70 pages of Courier text in it. Many overwhelmed courts responded by passing rules requiring the use of Courier or a similar monospaced font.

In 1999, the Massachusetts SJC imposed a restriction in its Rules of Appellate Procedure, which govern the form of legal briefs. "Only a monospaced font is allowed," that rule says, and Courier is the only one suggested. If there were any doubt as to why, SJC clerk Francis Kenneally points out, you can actually find a note in the rules explaining that it's to prevent lawyers from sneaking extra text into the 50-page brief limit. (The rule doesn't apply to the more egalitarian trial courts, which accept even handwritten suits, according to Michael Donovan, clerk of the Suffolk County Superior Court for Civil Business.)

The past 20 years have seen writing and typography advocates successfully pressing courts to modernize—not only in fonts, but in other typewriter holdovers such as double-spacing and in-line citations. A top advocate for better-looking court documents is Matthew Butterick, a Los Angeles attorney who's also a Harvard-trained typeface designer. His blog "Typography for Lawyers" and 2010 book of the same name have been influential on many courts. He considers himself something of a Courier assassin.

"Have you ever seen a book, newspaper, or magazine printed in Courier? Never," Butterick said in an e-mail. And for good reason, he said: It's hard to read, and the written equivalent of "droning along in a monotone."

 Butterick says stop using Times New Roman as well:

Why not? Fame has a dark side. When Times New Roman appears in a book, document, or advertisement, it connotes apathy. It says, "I submitted to the font of least resistance." Times New Roman is not a font choice so much as the absence of a font choice, like the blackness of deep space is not a color. To look at Times New Roman is to gaze into the void.
If you have a choice about using Times New Roman, please stop. Use something else. See font recommendations for other options.

Okay, Okay, so you don't want to read about font choices on Monday morning. Well here's a story from USA Today on a big fight in the Supreme Court about overcriminalization:

 Look up the definition of "fisherman" and John Yates' wrinkled, weather-beaten, Winston-puffing mug might appear. But these days, he's limited to restoring antique furniture and dealing in scrap metal.
Now look up the Sarbanes-Oxley Act of 2002, and you'll find the federal government's Enron-inspired crackdown on financial fraud and document shredding.
But three years ago, the act reeled in Yates for tossing 72 undersized red grouper into the Gulf of Mexico.
On Wednesday, the Supreme Court will examine the curious case of Yates v. United States, which asks the question: Was it the government that went overboard?
"It's obvious that a fish is not a document," says Yates, 62, over a lunch of grouper bites and Budweisers on the Gulf coast, which has been his home for the past 15 years. "You don't have to be that smart to figure that out."
Does the nation's highest court have bigger things to fret about than six-dozen 19-inch fish? Certainly.
But the justices agreed to hear Yates' appeal, even after two lower federal courts determined that his prosecution under a law targeting white-collar criminals was justified. It mirrors a similar case last year, in which the government prosecuted a jilted wife's clumsy effort at revenge under a federal chemical weapons treaty. The court reversed that one, 9-0.
The facts of the case: Yates was captaining the 47-foot "Miss Katie" in 2007 when a state conservation officer with federal enforcement power boarded, measured some 3,000 pounds of fish and found 72 grouper under the 20-inch minimum. He ordered them returned to shore.
Not throwing back in the undersized fish is a civil violation, punishable by a fine or fishing license suspension. But this fish tale got more complicated when Yates allegedly ordered a crew member to throw the offending fish overboard and replace them with longer ones. When the fish were remeasured on dry land, the government smelled a rat. So to speak.
It's a charge Yates still denies to this day; He says they were the same fish, measuring differently based on their mouths, tails and temperature. His wife, Sandy, a former paralegal, keeps a voluminous file that includes the original handwritten measurements of each fish.
Yates was convicted in 2011 of violating Sarbanes-Oxley, which carries a possible 20-year sentence for tampering with or destroying "any record, document or tangible object." He served a 30-day sentence over the Christmas holidays and still lives under a three-year supervised release program. When Sandy's sister died earlier this year, he quips, "It took an act of Congress for me to bury her in Ohio."

Bill Shepherd of Holland & Knight has written an amicus brief for NACDL supporting Yates.
David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-17135907160027115782014-10-29T16:43:00.002-04:002014-10-29T18:14:18.902-04:00"As Kim Kardashian is with her husband, I'm not going to keep you long."That was Chief Judge Ed Carnes today at Robin Rosenbaum's investiture. It was a great event with lots of good speeches. Judge Carnes also invoked the song "Don't Rock the Boat Baby" in describing the importance of collegiality on the 11th Circuit.

Judge Stanley Marcus (who has known Judge Rosenbaum since she was his law clerk) gave a very funny talk, telling numerous jokes, which had the audience laughing out loud. He started out by saying that since this was the third investiture that he was speaking at for Judge Rosenbaum, he felt a little like Zsa Zsa Gabor's 8th husband: he knew what was expected of him, but he wasn't sure how to make it different.

In response, Judge Rosenbaum said: "If you've enjoyed the entertainment, they'll be playing again next week in Las Vegas." Then she invoked Talking Heads, "Once in a Lifetime."

Very fun event.

Here are some pictures:

Here is Judge Marcus swearing in Judge Rosenbaum.

How would you like this jury:

And here are 11 of the 12 active judges on the 11th Circuit, plus two senior judges:

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-64132757428209572792014-10-27T16:23:00.000-04:002014-10-27T16:23:01.957-04:00Big unpublished opinion from the 11th Circuit reversing because of a judge's refusal to ask voir dire questions related to sexual preference prejudicesJudge Martin issued this 2-1 opinion in United States v. Bates, holding that it was reversible error not to ask potential jurors about their biases against "men who have sex with men." Northern District of Florida Judge Robert Hinkle dissented while Judge Richard Eaton from the Court of International Trade joined Judge Martin. Even though the emergency order allowing two visiting judges has been lifted, its revocation only applies going forward, so it does not affect this opinion.

From the intro:

Cameron Dean Bates is a federal prisoner serving a 240-month sentence after being convicted of eighteen counts of receiving, accessing, distributing, and possessing child pornography, in violation of 18 U.S.C. § 2252A. He is also a man who has had sexual relationships with other adult men, a fact that came to be a central issue during his criminal trial. He challenges his convictions on several grounds. But we need only consider his argument that he should have been permitted to inquire of potential jurors whether they might harbor prejudice against men who have sex with men. Specifically, Mr. Bates argues that the District Court abused its discretion when it refused his request to ask prospective jurors during voir dire about any prejudice they might harbor against him on the basis of his sexual activity with other men. After careful review, and with the benefit of oral argument, we agree with Mr. Bates that the District Court should have examined whether the jurors might bear prejudices against him. While it is true that Mr. Bates stands charged and convicted of disturbing acts of receiving and distributing child pornography, we cannot condone the manner in which his convictions were obtained. As a result, we vacate the convictions.

From the end of the opinion:

The government cannot carry its burden to show that this error was harmless. If Mr. Bates is to be convicted, we must have sufficient assurances that it is done by a fair and impartial jury of his peers. Here, the risk that Mr. Bates was convicted by jurors who cared less about the charged criminal conduct than about his perfectly legal sexual activity, is intolerably high. His convictions must therefore be vacated, and we remand this case for further proceedings.

 The court was also concerned with the amount of time the defense was given to prepare:

Although we do not decide Mr. Bates's argument that the District Court abused its discretion by denying his motions to continue trial, on remand the District Court must assure itself that Mr. Bates has adequate resources to permit his expert to review the evidence, and enough time to pursue the evidence necessary to aid in his defense. Two circumstances of this case raise concern that Mr. Bates was not afforded the time or resources necessary to prepare an adequate defense during his first trial. First, there was a delay of several months in getting approval for funds for an expert. ...
Second, we are concerned that Mr. Bates did not have enough time to prepare his defense, given that the focus of his prosecution shifted abruptly before trial. Mr. Bates was originally charged on August 23, 2012 in a two count indictment that included only one specific date on which child pornography was allegedly distributed, and gave a range of dates spanning sixteen months over which child pornography was allegedly downloaded or accessed. On February 14, 2013, just two weeks before trial, the government superseded on the indictment, increasing the number of counts to eighteen and highlighting much more detailed information about the dates and times child pornography was downloaded, accessed, and distributed. One week after that, the government disclosed a lengthy supplementary expert report, which was also more detailed than anything Mr. Bates had gotten from the government to that point. Given these late shifts in the focus of Mr. Bates's prosecution, and the technical nature of the evidence the government presented, we are concerned that he did not have enough time to adequately defend himself during his first trial. See United States v. Verderame, 51 F.3d 249, 250–52 (11th Cir. 1995). If Mr. Bates is retried on remand, we hope and expect that the District Court will be mindful of his need for expert assistance and adequate time to prepare for trial.

David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-13619204802727523342014-10-27T13:21:00.002-04:002014-10-27T13:21:25.092-04:00"Never dance with a Cuban."That was Justice Sonia Sotomayor, speaking at an event at Yale with Justices Thomas and Alito (see post below for more on the event and Alito getting turned away from brunch). The Washington Post covers Justice Sotomayor's dance preferences:

The justice, whose family hails from Puerto Rico, said that as an appeals court judge, she was often invited to Hispanic events where salsa was being played. But she was a "potted plant" who never learned the steps.
 So around age 50, Sotomayor took lessons and made a discovery: "I cannot keep a beat to save my life. But I have a facility that some of my colleagues would find very strange: I can follow."
 Amid the laughter, Sotomayor said that what she needs is a partner who can lead.
 "Among Hispanic men, the best dancers in terms of keeping a beat are Dominicans, the worst are Cubans," Sotomayor continued. "Dominicans have big, big steps--"
 A doubled-over and guffawing Thomas interrupted: "That's profiling!"
 "It is, but it proves itself right a lot," Sotomayor continued. "Cubans have these very tight little steps. Never dance with a Cuban. And Puerto Ricans I can dance with, too."
 It was the perfect set-up for the conservative Alito, with whom liberal Sotomayor frequently disagrees.
 "It's a revelation to know that Sonia likes to follow," Alito said. "I think we're going to start dancing in the conference room."
David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-84090987164428532892014-10-27T09:04:00.003-04:002014-10-27T10:11:28.585-04:00"Well, he should have made a reservation. We get very busy for brunch." -- hostess after turning Justice Alito away for brunchAbove the Law has a cute story about Justice Alito being turned away for brunch yesterday and how he handled it graciously. This shouldn't be a big deal obviously, but when you have judges yelling at store clerks to take down signs, it's nice to hear that some judges have manners.

Anyway, three Justices were in New Haven giving a talk. Per the NY Times:

Justice Thomas, 66, has apparently mellowed the most. He acknowledged being a "cynical and negative" law student, blaming immaturity and the unsettled political climate of the early 1970s. "I cannot say we were thinking straight about a lot of things, even if we were not using illegal substances," he said.

"I wish I came here at a time when I could have been more positive," he added. "There is so much here that I walked right by."

For years, Justice Thomas had refused to return to Yale. In his 2007 memoir, "My Grandfather's Son," he wrote that his law degree had been tainted by affirmative action. He had, he wrote, "learned the hard way that a law degree from Yale meant one thing for white graduates and another for blacks, no matter how much anyone denied it."

He added that he had "peeled a 15-cent price sticker off a package of cigars and stuck it on the frame of my law degree to remind myself of the mistake I'd made by going to Yale."
***

Justice Sotomayor, 60, has written that she was admitted to the law school with the help of affirmative action and that she found her time here intimidating and inspiring. She has been a frequent visitor and honoree, often drawing huge crowds, particularly after the publication of her own memoir, "My Beloved World."

On Saturday, she said she is a poor dancer but loves salsa and does well with a strong partner. "I have a facility that some of my colleagues would find very strange," she said. "I can follow."

Justice Alito looked shocked. "It's a revelation to me that Sonia likes to follow," he said. "I think we're going to start dancing at conference."

The justices were questioned by Kate Stith, a law professor at Yale. She asked Justice Alito what he had been reading.

"I have two books that are inspirational," he responded. "I keep them on a table by my bed, and I try to read a little bit of them every night. It's 'My Grandfather's Son' and 'My Beloved World.' "
***

The six other justices all attended Harvard Law School, though Justice Ruth Bader Ginsburg transferred to and graduated from Columbia Law School.

Chief Justice John G. Roberts Jr., who has two Harvard degrees, was once asked whether it is healthy for the Supreme Court to consist of only justices with degrees from elite institutions.

"First of all, I disagree with your premise," he responded. "Not all of the justices went to elite institutions. Some went to Yale."

Speaking of judges having manners, Chief Judge Michael Moore says that Judge Cooke does not need to recuse in the Miccosukee case. Judge Moore really did a solid for his colleague. From the DBR:

Cooke was critical of Bernardo Roman III, the tribe's attorney who filed the federal litigation against his predecessors. Cooke said at one point that Roman "probably never read the rule of ethics."
"The court finds that these statements, while indicative of Judge Cooke's understandable frustration with the parties and proceedings, in no way demonstrate a bias or partiality," Moore wrote.
Cooke dismissed with prejudice the tribe's lawsuit on jurisdictional grounds against its former Miami attorneys: Guy Lewis and Michael Tein of Lewis Tein and Dexter Lehtinen of Lehtinen Schultz Riedi Catalano de la Fuente.
 Here's the whole order. David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-60431362565577337012014-10-24T09:55:00.000-04:002014-10-24T09:55:00.698-04:0011th Circuit "emergency" overOn October 17, the 11th Circuit, per Chief Judge Carnes, issued an order putting an end to the emergency order that allowed cases to be decided by panels with only one active 11th Circuit judge. Now we are back to at least 2 11th Circuit judges per panel.

Aly Palmer of the Daily Report has this story:

With his court back to nearly full strength, the chief judge of the U.S. Court of Appeals for the Eleventh Circuit has announced the end of a court emergency.
In December, Chief Judge Edward Carnes declared an emergency, saying that cases could be decided by three-judge panels composed of only one of the court's judges plus two visiting judges. At the time, four of the court's 12 slots were vacant.
Since then, three vacancies have been filled. Most recently, Judge Jill Pryor of Atlanta started work two weeks ago. On Friday, Carnes signed a new order declaring the emergency over.
Friday's order suggested that the public will continue to see decisions from panels that include only one member of the court. Carnes explained that panels composed of fewer than two Eleventh Circuit judges that have had any appeals either orally argued or submitted to them for decision before Friday remain authorized to decide the cases.
Federal law says that when federal appeals courts decide cases by three-judge panels, at least two of the judges must be members of that particular appeals court. An exception includes the chief judge's ability to certify an "emergency."
Meantime, the big federal bar shindig tonight is at the JW Marriott. Who is in?David Markushttps://firstname.lastname@example.com:blogger.com,1999:blog-9615048.post-3109149859402494812014-10-22T21:24:00.004-04:002014-10-22T21:24:49.128-04:00Judge Gold formally retiresThe blog reported back in August the sad news that Judge Gold was formally retiring this month and that he would close his chambers and take inactive status. John Pacenti of the Daily Business Review covered the story last week and reports that Judge Gold is happy about moving on to the next phase of his life:

But for now, he is focused on his baby granddaughter in New York. His wife, Susan F. Gold, retired last year as an associate professor of pediatrics and education at the University of Miami, and they want to focus on family and travel.
"It's about at this phase in my life, reprioritizing while I'm healthy," he told the Daily Business Review. "We wanted to explore really other interests in our lives together and independently."
Gold was appointed by President Bill Clinton in 1997 after serving as a state circuit judge, an attorney with Greenberg Traurig and a Miami-Dade County attorney. He took senior status in 2011.
"This is a tough week because there is a sense of sweet sorrow in retrospect, but also an excitement about living a mindful phase of my life," the 70-year-old judge said. "At this stage, it's time to ask your next question: Who are you now, and what is it you want to do with the time you have left?"
***
U.S. District Judge Federico Moreno said Gold was one of the hardest-working judges in the district."He always has been one of our more scholarly judges," Moreno said. "We are going to miss him because he was such a hard worker, but I'm delighted he wants to spend more time with his family. He certainly deserves a break."
Judge Gold was at Judge Bloom's investiture last week and looked great.

He handled some of the biggest cases in this district -- Exxon, UBS, Shaygan... But more importantly than the brilliant way he handled those cases was that he was a great person and made everyone feel like they were getting a fair shake. He'll be missed on the bench.David Markushttps://email@example.com:blogger.com,1999:blog-9615048.post-74707217198545670192014-10-21T10:54:00.003-04:002014-10-21T10:54:46.606-04:00Supreme Court oral argument should be televisedJohn Oliver is so good:

David Markushttps://email@example.com


text:
Warrick and Grissom investigate the death of a man found at a foam party. Nick works on the case of a man found dead in his home. Catherine and Grissom investigate the death of a women who was involved with the aforementioned two men, all of which lead to Lady Heather. watch
When we first met Erica Strange a year ago, she was single, working a dead-end job, and had little hope for the future. A "chance" meeting with the mysterious Dr. Tom altered her life when he began allowing her to travel back in time to make some changes and get a "do-over" with her past regrets. She relived a high school dance, went back to the moment when she lost her virginity, faced off against an intimidating college professor and even revisited her Bat Mitzvah. But when Erica defied Dr. Tom's trust by attempting to change the circumstances surrounding the death of her brother, Leo, she was left at a crossroads, not knowing if she'd ever see her therapist again.
When her fiance falls in love with another woman on a business trip to Paris, a timid woman overcomes her fear of flying and goes after him. On the flight she meets a crazy Frenchman who promises to help her if she will do a small favor for him.
Race To Freedom movie trailer - starring Tom Butler, Susan Hogan, Janet Bailey, James Blendick. Directed by Don McBrearty. Genre: Drama
Rating: Not Rated
Gripping true story of the 1839 revolt on a slave ship going to America and the murder trial of the slave that led it. Critically praised.
More Clips & Interviews
In the tradition of Spinal Tap comes this hilarious, critically acclaimed "mockumentary" about low-budget movie making.
Bruce Willis, John Cusack and Jason Patric face off in this action-packed thriller. A retired assassin is drawn back into the life he gave up when his daughter is kidnapped. To rescue her, he must confront his former rival.
One of the savviest thieves in the world commits biggest heist of his life. He wakes up next morning to realize he has a gunshot wound on his arm that he doesn't remember getting. In his quest to find answers he discovers his name is Prince (Vivek Oberoi), he used to work for a man named Sarang (Isaiah) and his girlfriend's name is Maya (Aruna Shields, Nandana Sen, Neeru Bajwa). He is being hunted by the secret service of India-I Grip, the CBI and the biggest white collared criminals in the world. He is the most wanted man in the country because only he knows the whereabouts of the heist, which contains a secret that is linked not only to his loss of memory but threatens the future of the Human Race. Prince can rely on his razor sharp instincts to salvage himself. The web of deception spins and Prince gets even more entangled. Nothing and no one can be trusted. Every day he meets a new girl claiming to be Maya...
A former assassin is unwittingly drawn back into the life he gave up when he suspects that his daughter has been kidnapped.
More Michael Riley Movies Videos
Erica struggles with some big decisions and she's desperate for a little direction. After she helps Kai finish his session by finishing the song, she ends up breaking up with Ethan, citing irreconcilable differences. The last place she looks to is the closest to her heart and it opens up a world of possibility.
Also Available On Amazon Instant Video and VUDU
After a shocking turn of events at River Rock Publishing, Erica discovers the value of setbacks when Dr. Tom sends her to an alternate reality, supposedly setback free.
Also Available On Amazon Instant Video and VUDU
Dr. Tom's sent back to the day he last saw his daughter.
Also Available On Amazon Instant Video and VUDU
Work on the sex book is in full swing, but when Erica discovers Kai is one of the case study volunteers, she's less than impressed.
Also Available On Amazon Instant Video and VUDU
More Michael Riley On TV Videos
More Credits (28)
Being Erica may sound like a far-out sci-fi series — it's about a time-traveling therapy patient — but at its core, it's a story about a woman with regrets, who tries not to make the same mistakes again. "It's confusing to people who haven't watched it," Erin Karpluk, who portrays Erica Strange, tells TVGuide.com. "It's not a science-fiction show, it's an hour-long comedy-drama and the time travel is a catalyst for Erica's growth and development." Exclusive: Erin Karpluk on U.S. Being Erica adaptation: Do Being Eric! What initially attracted Karpluk to the series was ...
read more
Download the TV Guide app for iPhone, iPad and Android!

subset: commoncrawl


text:
Visit our other Wisconsin Historical Society websites!
Refine or narrow your results by clicking any term in the gray boxes below.
Expand your results by removing any breadcrumb in a gray outlined box above. Click on the blue "X" to remove the term.
Narrow your results by entering a keyword into the search box above. Then click the "Search Within" checkbox, then click on the orange "Search" button.
If you did not find what you are looking for or you did not get any results, try changing your search term(s). See our Search Help page for more tips.
Date: 1913
Description: Photographic postcard of Forest Middleton, left, sitting cross-legged on a chair holding a pipe and glancing at a friend, possibly Eddie Quick. There is a...
Date: 1915 ca.
Description: Central High School, designed by St. Paul architect Cass Gilbert and partially razed in 1986.
Description: Group of people in a large model launch with an American flag on Lake Mendota near the University of Wisconsin-Madison boat house.
Date: 1940 ca.
Description: Scene at Vilas Park Zoo (Henry Vilas Zoo) showing bear pits.
Date: 1905 ca.
Description: View of the lagoon and surrounding wooded area in Tenney Park.
Date: 1960 ca.
Description: Views of popular sites in Madison. Numerous different types of recreation are visible along with popular sites such as the Wisconsin State Capitol building...
Date: 1912 ca.
Description: This card which is postmarked 1912 shows the zinc statutes on the stone gateways near the sidewalk at Monona Avenue (now Martin Luther King Blvd). Original...
Description: Photographic postcard of a cecropoia moth, Hylophora Cecropia, on a potted geranium.
Date: 1910 ca.
Description: Exterior of the Britingham Park Bath House.
Description: View of the Sherman Bridge and Lock and surrounding area on the Yahara River.
Date: 1918 ca.
Description: View of the terraced steps at the North, Langdon Street, entrance of the State Historical Society. The Armory (Red Gym or Old Red) is visible across Langdo...
Date: 1970 ca.
Description: View of Monkey House. On the lawn are flamingos, and in the background is a bear at Vilas Park Zoo (Henry Vilas Zoo). Photo taken by Edwin Proctor. Torn...
Date: 1938 ca.
Description: A view of the Sacred Heart Academy, presently known as Edgewood High School.
Date: 1907 ca.
Description: Bridge and Lagoon in Tenney Park. Sender of the postcard has written "Lover's Lane Bridge". A wooded area is visible in the background, while the bridge a...
Description: The Chicago & Northwestern Railway passenger depot.
Date: 1931 before
Description: Building on the University of Wisconsin-Madison campus.
Date: 1964
Description: Watercolor painting by Jens von Sivers presented to the zoo by the Cuba Club showing several camels in the yard in front of the camel barn at the Henry Vil...
Date: 1900 ca.
Description: A view of Main Street on the Capitol Square, looking west.
Date: 1925 ca.
Description: Postcard view of Science Hall on the University of Wisconsin-Madison campus. Elevated view looking towards the northwest. The Chemical Laboratory is on the...
Date: 1950 ca.
Description: Color postcard of the State Street and Lake Street intersection showing the Co-op book store, the Rennebohm Drug Store and the Wisconsin State Capitol.
If you didn't find the material you searched for, our Library Reference Staff can help.
Call our reference desk at 608-264-6535 or email us at:
© 1996-2014 Wisconsin Historical Society, 816 State Street, Madison, WI 53706


text:
Creative intros Xdock Wireless iPod audio system
Creative Technology has introduced the Xdock Wireless, a new iPod audio system that transmits music in the company's "Xtreme Fidelity" format. The system consists of a main unit with a universal iPod dock, and up to several X-Fi Wireless Receivers in other rooms. Xdock Wireless comes with a remote and plays music up to 100 feet away. The system also connects directly to a powered speaker system or home theater system to play video, photos and music in DTS surround-sound.
"Creative's award-winning X-Fi Xtreme Fidelity is produced with X-Fi Crystalizer and X-Fi CMSS-3D technology," explains the company. "The X-Fi Crystalizer makes MP3s sound better than CDs by analyzing and identifying which parts of the audio stream have been truncated or damaged during compression. It then intelligently and selectively restores the highs and lows from instruments and vocals that are damaged during the compression of MP3s. X-Fi CMSS-3D creates virtual surround sound through speakers or headphones. It expands audio for superior headphone listening so music completely surrounds the listener."
The Creative Xdock Wireless will sell for $200. X-Fi Wireless Receivers will be available for $100 each. An Xdock Wireless with an X-Fi Wireless Receiver will be available for less than $300. The system is expected to be available this spring.
Related Stories
- Beats introduces Solo2 Wireless Headphones
- Logitech debuts Harmony Living Home line
- Microsoft unveils iOS-compatible Universal Mobile Keyboard
- Video Review: Logitech Bluetooth Multi-Device Keyboard K480
- Philips debuts first Lightning connector headphones, Fidelio M2L
- Video Review: Waterproof Grace Digital Ecostone and iHome iBN6 speakers
I for one prefer systems that do not screw around with the audio signal in strange ways.
Posted by Bad Beaver on January 8, 2007 at 11:10 AM (CST)
I dunno, Creative's X-Fi technology is pretty amazing!
Posted by Galley on January 8, 2007 at 12:33 PM (CST)
I for one welcome our new wireless overlords.
Posted by OnlyShawn on January 8, 2007 at 12:56 PM (CST)
I, for one, oddly never get sick of that joke! :)
Posted by Galley in Greenville, SC on January 8, 2007 at 1:12 PM (CST)
I for one prefer systems that do not screw around with the audio signal in strange ways.
You mean like compressing the datastream? Or digitizing the orginal analog source?
Posted by flatline response on January 8, 2007 at 6:51 PM (CST)
If you have a comment, news tip, advertising inquiry, or coverage request, a question about iPods/iPhones/iPad or accessories, or if you sell or market iPod/iPhone/iPad products or services, read iLounge's Comments + Questions policies before posting, and fully identify yourself if you do. We will delete comments containing advertising, astroturfing, trolling, personal attacks, offensive language, or other objectionable content, then ban and/or publicly identify violators.
Recent News
- Apps of the Week: Sago Mini Road Trip, Football Manager Handheld 2015, Deliveries 6.0 + more
- Square plans to accept Apple Pay in 2015
- Google settles patent litigation with Apple's Rockstar consortium
- Corning announces Gorilla Glass 4
- Report: GT Advanced struggled with sapphire production
- Report: Apple plans to integrate Beats Music directly into iOS
- Apple plans to 'repurpose' Arizona manufacturing plant, save jobs
- Apple announces WatchKit software tools available to developers now
- Apple ordered to pay $23.6M in pager technology settlement
- Apple opens up Lightning port to third-party manufacturers, begins accepting HomeKit plans
Recent Reviews
- G-Project G-Go Outdoor Wireless Speaker (2014)
- SteelSeries Stratus XL Gaming Controller
- Belkin/Jarden Mr. Coffee 10-Cup Smart Coffeemaker
- Logitech Keys-to-Go For iPad
- IvySkin Renegade for iPhone 6 and iPhone 6 Plus
- Infinity Infinity One Wireless Speaker
- Twelve South PlugBug World iPad/iPhone Charger
- Pelican Protector for iPhone 6 and Voyager for iPhone 6 Plus
- STM Flip for iPhone 6
- Griffin Wallet Case for iPhone 6 and iPhone 6 Plus
Recent Articles
- Instant Expert: Secrets & Features of iOS 8.1
- An Easy Guide To Setting Up + Using Apple Pay In iOS 8.1
- Ten Things You Didn't Know About iPad Air 2 + iPad mini 3
- Mind The Gap: What's iPad's Role In An iPhone 6 (Plus) World?
- Editorial: Why I Switched To T-Mobile (And You Might, Too)
- The Early Guide To Apple Watch Apps
- iLounge's Top iPhone 6 + iPhone 6 Plus Case Picks (Fall 2014)
- Instant Expert: Secrets & Features of iOS 8.0
- Multi-Editorial: On Apple's iPhone 6, iPhone 6 Plus + Apple Watch
- What's New In Apple TV 7.0


text:
More steam for the anti-vaping movement: A French consumer magazine, National Consumer Institute, reported Monday that e-cigarettes contain "a significant quantity of carcinogenic molecules" in their vapor that have so far gone undetected.
E-cigarettes, those battery-powered devices you see people puffing indoors, use heat to vaporize liquid nicotine, but contain no tobacco and produce no smoke, and thus evade anti-smoking regulation.
Using a new method of testing, researchers found that in three out of the ten e-cigs studied, the level of formaldehyde, a known carcinogen, came close to the amount in conventional cigarettes. Furthermore, a highly toxic molecule called acrolein was detected "sometimes at levels even higher than in traditional cigarettes," said Thomas Laurenceau, chief editor of the magazine.
"This is not a reason to ban them, but to place them under better control," he said.
Laurencea's sentiment has been echoed by vaping skeptics across the pond, where the U.S. Food and Drug Administration is chewing on a set of possible regulations due out this fall, including a ban of online sales to prevent sales to minors and limits on advertising. Meanwhile, Michael Bloomberg, New York City's health-conscious mayor, is considering a plan that, among other things, would outlaw e-cig flavors like bubble gum that seem designed to attract youngsters.
The problem, say e-cig's detractors, is that without more long-term studies and tests, we don't know if they're the safe alternative to regular cigarettes that their proponents claim they are.
"The small studies that have been done so far hint at both pros and cons; one found that smokers cut back on real cigarettes after trying the electronic kind, while another found particles of metal and and silicates in e-cigarette vapor that could cause breathing problems," says the Bangkok Post. "It would be great if e-cigarettes turned out to be the breakthrough that gets people to give up smoking tobacco. In the meantime, we should all be careful that e-cigarettes not perpetuate a habit that society has come a long way toward snuffing out."
On the other end, vaping advocates are offended by the rush to condemn a breakthrough that could save hundreds of thousands of lives a year. "The anti-smoking movement is a victim of its own success," says Nick Gillespie at The Daily Beast. "This time, the buttinskys are trying to douse the dreaded e-cigarette, a device that supplies a safe nicotine hit to the user without bothering or endangering anybody else."
"[T]he prohibitionists are taking on e-cigarettes because... because... because... smoking tobacco is bad for you. And they don't think you should decide how to live your life," he says.
The idea is that e-cigs can't be as bad as regular cigarettes. And if regulators get too rule-happy, they might prevent real smokers from becoming faux smokers.
"Allowing anti-smoking ideology to dictate e-cig legislation would condemn smokers to using ineffective quitting strategies or dying premature, tar-sodden deaths, but evidence-based regulation that prioritizes public health would cause a revolution in tobacco harm reduction," says Lindsay Fox, an e-cigarette advocate, at The New York Times.
While the debate rages on, the e-cigarette industry is gaining momentum. The market is expected to reach $1 billion this year, and analysts say sales could top $10 billion in the next five years. Without regulation, the e-cigarette business could outgrow the cigarette business by 2047.
- 43 TV shows to watch in 2014
- Is it now OK to have sex with animals?
- In defense of Gwyneth Paltrow
- How to be the most productive person in your office — and still get home by 5:30 p.m.
- In Ferguson, Michael Brown lost his life — and America's police lost the benefit of the doubt
- Republicans love this new health care plan. Too bad it's basically a tax cut for the rich.
- Chuck Hagel wasn't the problem. It's America's addiction to endless war.
- What would a U.S.-Russia war look like?
Subscribe to the Week


text:
Description: (6) Tumblr
Image was hearted from just-a-hug-from-niall.tumblr.com
Other images from this site
Valeria♥ was first to heart it
18 people have hearted this image
This image is in 4 collections
You might like these too
Now available in your language!Use in your language! Go back to English
Other images from this site
You might like these too
Sign in with Facebook or Twitter to start your gallery.
Sign in with Facebook Sign in with TwitterDon't have Twitter or Facebook? Skip this step!


text:
District Court judge »
Editorial: Letters to the Editor (Elected Officials Thank You)
Share Thank-yous To the Editor: I want to take this opportunity to thank all of the citizens in Forsyth County who voted for me in the May primary and the General Election in November.Read More »
Editorial: Letters to the Editor (Franco, Voting, , Bonds, Kazakos, Qualifications)
Share Valene Franco To The Editor: You, the citizens of Forsyth County, will determine which of our current candidates will serve our community. I urge you to join me in casting one of thoseRead More »
Editorial: Letters to the Editor (democracy, voting, & experience)
Share No Excuses To the Editor: A participatory democracy demands active participation from its citizens. Voting is the primary means that we have to make our country "a more perfect union." The right toRead More »
Former teacher says WS/FCS failed him
Share Sexual improperity charges dismissed by judge (pictured above: Samuel E. McClain) A former Carver High School teacher pulled from the classroom because of allegations of sexual misconduct says he is looking to putRead More »
Editorial: Letters to the Editor
Share Fansler for School Board To the Editor: Katherine Fansler for School Board At-Large – many people who have met her already realize that she is exactly the type of school board member we needRead More »
BLSA scholarships and honors presented
Share More than 180 people attended the Wake Forest University Black Law Students Association 29th Annual Scholarship Banquet on Feb. 28 at the Milton Rhodes Center for the Arts. Guest speakers included N.C. SupremeRead More »
Black Chamber's second wind
Share (pictured above: Montinique Cager poses with his wife, Pam at the recent mixer.) After a season of inactivity, The Winston-Salem Black Chamber of Commerce wants to write new chapters. Once a strong networking avenueRead More »
Letter to the Editor: I want to continue to make a difference
Share This year marks my 12th year as a District Court Judge and my fourth election cycle. Since my election in 2002, I believe that I have made a difference in the lives ofRead More »
Ready to Run
Share Judge Ola Lewis has announced her intentions to run for the N.C. Supreme Court next year. A resident of Boiling Springs Lake, Lewis has been a District Court judge in Brunswick County sinceRead More »


text:
Town Square
Sort by: Most recent topic/comment Most viewed Most comments
Navigation tip: Clicking on any category label will display all recent posts in that category
OTHER ISSUESInhofe/Climate protest at Google HQ Wed AM
Press release: Climate Activists to Protest Outside Google HQ Wednesday, Deliver 50,000 Petition Signatures Telling Google...Original post made by 350 dot org on Jul. 23, 2013
There are no comments yet. 1102 Views
OTHER ISSUESDefeating the Model Minority Stereotype
My name is Alex Pelfrey, I am twenty years old, I have lived in California for those twenty years and I admit that I am an...Original post made by Alex Pelfrey on Oct. 18, 2009
There are no comments yet. 2050 Views
OTHER ISSUESLOST Black & White Cat
Our 21 year old B&W Male cat has gone missing from the corner of Dana And Calderon. He is mostly deaf, arthritic and frail. PLEASE...Original post made by Ali on Oct. 25, 2009
Last comment by Catperson, on Oct 28, 2009 at 4:06 pm | 1 comment | 2104 Views
OTHER ISSUESRotary Community Grant Program - Now taking applications
All Community Grant requests for this coming fiscal year (July 1 thru June 30) must be submitted by March 1, 2009. Awards...Original post made by Alicia Crank on Jan. 7, 2009
There are no comments yet. 2526 Views
OTHER ISSUESCHASE on the Plaza: Free Concert on June 14th
CHASE (Community Hope and Sober Events) Our 3rd annual CHASE on the PLAZA is coming to Community Plaza in Los Altos on...Original post made by Alicia Crank on Jun. 9, 2009
There are no comments yet. 2010 Views
OTHER ISSUESVeriSign 3Q07 Update
Nov 1 VeriSign announced its 3Q07 financials and report. This updates some of the info in the HeyTech article for Nov 2nd....Original post made by amhey on Nov. 1, 2007
There are no comments yet. 3746 Views
OTHER ISSUESNew features for Town Square
We are in the process of making a few changes to how Town Square operates. Some of the changes are new editing tools...Original post made by Andrea Gemmet on Sep. 22, 2014
Last comment by Konrad M. Sosnow, on Sep 24, 2014 at 10:31 pm | 13 comments | 3678 Views
OTHER ISSUESGoogle' Gamble - What Would You Do With 700 MHz?
Here's a place to discuss my article on Google for Dec 7, 07. What would you do with 700 MHz spectrum that Google is bidding...Original post made by Angela Hey on Dec. 7, 2007
There are no comments yet. 3950 Views
OTHER ISSUESWhat do you think Google should do re: Yahoo?
Mountain View company, Google, has posted a blog that objects to Microsoft's bid for Yahoo!. See http://googleblog.blogspot.com/2008/02/yahoo-and-future-of-internet.html Do...Original post made by Angela Hey on Feb. 4, 2008
Last comment by Lives downtown, on Feb 28, 2008 at 8:38 pm | 1 comment | 3971 Views
OTHER ISSUESDebate over the future of the Grant Road farm grows nasty
Many Mountain View residents who live adjacent to the Grant Road farm (or famed "pumpkin patch" as it's better known) were...Original post made by Anne Toth on May. 29, 2007
Last comment by Don Frances, on Jun 11, 2007 at 2:33 pm | 27 comments | 7624 Views
OTHER ISSUESFake Parking Tickets
I recently came back to my car from a store and found a fake parking ticket. My car was parked legally in a parking spot,...Original post made by Anonymous on Nov. 14, 2008
Last comment by Randall Flagg, on Nov 15, 2008 at 4:17 pm | 1 comment | 2636 Views
OTHER ISSUESCouncil to consider Pot Club ban again
Mountain View (acting) City Attorney Janie Quinn (of San Jose) has submitted for vote an ordinance banning Medical Cannabis...Original post made by B.D. on Feb. 22, 2010
Last comment by Cheech, on Feb 23, 2010 at 7:51 am | 1 comment | 1547 Views
OTHER ISSUESPolice Chief Vermeer as Google's next "top cop"?
Putting two + two together, Chief Vermeer appears in line to be Google's next "police chief". The former chief in Menlo Park,...Original post made by Barry Burr on Jun. 3, 2014
There are no comments yet. 2720 Views
OTHER ISSUESLast Namesake of Lawson's Grocery Dies
Thank you for your article on the passing of my father, Don Lawson. I felt like you captured the fact that he was a man of...Original post made by Beth Lawson-Hyland on Sep. 24, 2009
There are no comments yet. 1969 Views
OTHER ISSUESAnyone Else Missing Mail This Month?
I failed to recieve my water/garbage bill from the city, as well as DMV renewal stickers. I had the same outgoing mail sitting...Original post made by Bruno on Mar. 25, 2010
Last comment by post office sucks, on Mar 31, 2010 at 6:57 pm | 1 comment | 1333 Views
OTHER ISSUESAllowing a local non profit wellness center to offer cannabis
There is a movement to allow a local nonprofit wellness center to step foot in Mtn view to help our local medical patients...Original post made by cannabis advocate on Jan. 13, 2010
Last comment by Jonathan Lustig, on Jan 15, 2010 at 11:45 am | 6 comments | 2126 Views
Learn first hand about another culture without leaving the United States. and establish a friendship that will last a...Original post made by Carol Berger on Oct. 31, 2007
There are no comments yet. 4022 Views
OTHER ISSUESsame-sex marriage
The Voice is looking for any gay couples in Mountain View who would to discuss same-sex marriage in California in relation...Original post made by Casey Weiss on Jun. 12, 2008
There are no comments yet. 2930 Views
OTHER ISSUESReceiving an IOU from the state?
The Voice is interested in writing a story about Mountain View residents who will be receiving an IOU from the state due...Original post made by Casey Weiss on Jul. 2, 2009
There are no comments yet. 1889 Views
OTHER ISSUESGoogle expands to Redwood City
Anybody wishing for Google to stop dominating our city got their wish: http://m.bizjournals.com/sanfrancisco/blog/2014/10/google-to-buy-big-chunk-of-pacific-shores-iconic.html?ut...Original post made by Chris on Oct. 9, 2014
Last comment by MVResident67, on Oct 9, 2014 at 8:47 am | 2 comments | 184 Views
Page 1 of 83
I Told My Mom She's Dying
By Chandrama Anderson | 12 comments | 2,545 views
Grab a Bowl of Heaven soon in Mountain View
By Elena Kadvany | 0 comments | 1,912 views
Quick Check List for UC Applications
By John Raftrey and Lori McCormick | 0 comments | 1,269 views
Fancy Fast and Fun!
By Laura Stec | 3 comments | 982 views
Palo Alto and Bay Area Election Facts and Thoughts on the Implications
By Steve Levy | 5 comments | 882 views