Wednesday, August 02, 2006

J. Middlebrooks rules against Sharapova in documentary suit


The AP reports: "A federal judge ruled Wednesday against tennis star Maria Sharapova, saying a Florida production company was entitled to market a documentary on the athlete despite her agents' attempts to halt distribution.U.S. District Judge Donald Middlebrooks said Byzantium Productions Inc. was lawful in its production of two films, 'Anna's Army' and `Russian Women's Tennis.' The documentaries did not violate trademark laws, the judge found."

Padilla trial continued...

... until January 22, 2007. "No further continuances will be granted," according to Judge Marcia Cooke. Here's the AP report.

To be noticed or not to be noticed - that is the question

by Marc David Seitles
For anyone who was wondering whether a defendant and his counsel had to be notified if the district court was going to grant a variance above the advisory guidelines range - the answer is no. Today, in US v. Irizzary, No. 05-11718 (11th Cir. Aug. 1, 2006), the Eleventh Circuit held that "the district court was not required to give Defendant advance notice before imposing a sentence above the advisory guidelines range based on the court's determination that sentences within the advisory guidelines range did not adequately address section 3553(a) sentencing factors."

On a sidenote, who created the term "variance"? A district court shall impose a sentence sufficent but not greater than necessary after considering all the factors set forth 18 USC 3553(a) - and that's it. The sentencing court renders its decision after considering the required statuory language. Therefore, should any decision post Booker truly be called a "variance"? Thoughts?

Tuesday, August 01, 2006

Judge William Thomas

Former Federal Defender and current State Circuit Judge William Thomas issued a big ruling today in a highly publicized murder case. Rumpole has the scoop here. (And to avoid any confusion, that's not me who was quoted in the article. That's another lawyer with the same first and last name -- different middle names.) UPDATE -- here's Judge Thomas' Order. Worth a read.