First Roberts' Court opinion

Paul Rashkind at the U.S. Supreme Court blog posts this interesting bit of trivia regarding the first opinion of the Roberts' Court. Here's a taste:

A bit of trivia: For whom did the Roberts' Court rule in its historic first published opinion? It ruled in favor of convicted murderer Paul Allen Dye, who sought a writ of habeas corpus based on prosecutorial misconduct. Check out Dye v. Hofbauer, 526 U.S. ___ (2005) (per curiam) here.

Cuban spy panel discussion

The American Constitution Society has put together a panel discussion regarding the Eleventh Circuit's opinion in the Cuban Spy case. Panelists are Judge Stan Blake (11th Judicial Circuit), Former Chief Judge Edward B. Davis (Southern District of Florida) , Former U.S. Attorney Guy Lewis (Southern District of Florida), and Federal Defender Kathleen Williams (Southern District of Florida). I'll be moderating what is sure to be a very lively debate. Any suggestions for questions?

News and notes

The Federal Bar Association's Young Lawyers Division had a luncheon today. Judge Ursula Ungaro was the featured speaker. Very nice turnout. We learned that the new federal courthouse isn't going to open until June 2006. Also, the Southern District is going to implement the all e-filing system, i.e., no paper, in the near future. More on that to follow when I get info.

Bond for alleged Katrina scammer

Magistrate Judge Patrick White set bail at $125,000 (the Sun-Sentinel article, which is otherwise good, does not mention whether this is a corporate surety bond, 10% bond, or personal surety bond) for the supposed Katrina scammer, Gary S. Kraser. Defense lawyer is Alvin Entin. Prosecutor is Joan Silverstein.

A Love That Was Benched by Their Careers

For those of you interested more in gossip than in jurisprudence, here is a interesting story from the Los Angeles Times concerning the relationship between nominee Harriet Miers and Justice Nathan Hecht of the Texas Supreme Court. Justice Hecht you might remember offered several quotes regarding his friend's nomination. Here is one: When the conservatives ''find out what this president knows about Harriet,'' he said, ''they are going to be happy as clams.'' Hecht also offered this quote about Ms. Miers in an article published last year: ''She always remembers everybody's birthday and has a present for them,'' he said. 'She'll be finding a present for them in the middle of the night. `Can't it wait until next week?' 'No,' she'd say. 'It has to be done now.' '' This is important. I don't have to tell you what happened at the Court last year when everyone forgot Justice Scalia's birthday.

Increase in criminal case filings

Julie Kay of the Daily Business Review has an interesting article (pass through link required) today summarizing her interview with Michael Clemens, special agent in charge of the Miami FBI office. Trying to deflect all the criticism regarding the "porn wars" Clemens says that they are continuing to focus on terrorism and have also devoted more resources to fraud. “We really had a spike in investigations after 2001. Most divisions did,” he said. “If we had a terrorist attack here, believe me, I would move 100 percent of our agents to counterterrorism. But it’s not necessary now.” I am also quoted in the article agreeing that filings are up. Kay refers to the blogosphere: "Since the Review first reported [about the priority on porn], agents and prosecutors are aghast at the notion, the issue has become fodder for comedians, late-night talk show hosts and bloggers around the world who questioned why law enforcement should devote limited resources to something that may be perfectly legal." The Daily Business Review is doing a good job following the blogs.

Brillant acquittal

Evnitz Brillant was acquitted today in front of Judge Marcia Cooke, the Herald reported here. What a huge win for the defense. The buzz at the courthouse was that this guy had no chance. Props to Howard Schumacher, Brillant's lawyer. Interesting moments in the trial: 1) the star witness picked out a DOJ lawyer as the defendant; and 2) the court excluded a polygraph test that the defendant passed.

Bush taps SDFLA for state bench

Congratulations to Marty Bidwell, Chief Assistant Federal Defender from the Southern District of Florida on his appointment to the Circuit bench. Bush also elevated Jeffrey Levenson, former AUSA from the Southern District of Florida, to the Circuit bench. Having litigated with Marty and against Jeff, I can say without hesitation that both are fantastic appointments. Congrats to both of you.