An Interesting Way To Fight The Death Penalty

The sole U.S. maker of the anesthetic used in executions announced Friday it would stop manufacturing sodium thiopental to prevent its product from being used to put prisoners to death.

I am unequivocally against the death penalty, particularly since is racially disparate in its application and I see it's unfortunate application in my criminal practice. It's no secret that even though blacks and whites are murder victims in nearly equal numbers of crimes, 80% of people executed since the death penalty was reinstated have been executed for murders involving white victims. It's also no secret that more than 20% of black defendants who have been executed were convicted by all-white juries.

Before we can even get to the moral argument, this point has never been addressed by proponents of the death penalty. Additionally, now that Hospiria, Inc. has said that it will not be a tool for state sanctioned murder anymore, maybe our educated nation will now go back to stoning, hanging and firing squad to morally teach us it's wrong to kill.

Jury Orders SAP to pay Oracle 1.3 Billion.

What a Thanksgiving. Today, a jury verdict ordered SAP to pay Oracle $1.3 billion for stealing customer-suppport documents and software in a scheme to siphon off customers. SAP, which is based in Waldorf, Germany, came into the trial ready to lose something. They admitted a subsidiary stole the documents and argued that it owed just $40 million. Obviously, a jury thought otherwise.

Federal Court Rules That Prop 8 Is Unconstitutional.

Today, the California District Court Judge struck down as unconstitutional Proposition 8, California's voter approved ban on gay marriage. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.

Illinois Supreme Court Strikes Down Medical Malpractice Caps.

Today, the Illinois Supreme Court today did the right thing: it struck down as unconstitutional limits as to what can be awarded in medical malpractice cases. The court argued that the cap violates separation of powers by allowing lawmakers to interfere with a judge's ability to reduce verdicts. The case, LeBron, a Minor v. Gottlieb Memorial Hospital, involved a malpractice lawsuit filed in 2006 against the hospital by the family of a girl who suffered severe brain damage and other injuries during her delivery there.

State lawmakers in 2005 passed legislation, which was signed into law by then-Gov. Rod Blagojevich, that established caps on noneconomic damages of $500,000 in cases against doctors and $1 million against hospitals. Illinois followed other states, such as California, that capped damages years ago.

The best quote of the opinion? "That ‘everybody is doing it," is hardly a litmus test for the constitutionality of the statute."

It would be nice if the entire nation followed suit.

Brave Judges

Every once in a while, something will happen that will make me proud of our justice system and the members of the bar. This ruling is one of them.

Happy Holidays.

Sotomayor Approved By Senate Judiciary Committee

Today, the Senate Judiciary Committee voted to approve Justice Sonia Sotomayor as the first Hispanic Supreme Court justice over nearly solid Republican opposition, paving the way for a historic confirmation vote next week. The panel voted 13-6 in favor of Sotomayor, with just one Republican, Sen. Lindsey Graham of South Carolina, joining Democrats to support her. So much for bi-partisanship.

US Supreme Court Rules That Defendants Have A Right To Cross Examine Forensic Experts

The United Supreme Court ruled today that the Sixth Amendment's Confrontation Clause gives criminal defendants the right to cross examine the scientists who issue forensics reports that are entered into evidence. The breakdown of the 5-4 ruling in Melendez-Diaz v. Massachusetts (07-591) was interesting, with Justice Scalia's majority opinion joined by Justices Thomas, Ginsberg, Souter and Stevens. Alito, Roberts, Kennedy, and Breyer dissented.

The ruling will provide for an added layer of challenge by defense lawyers to such criminal evidence as illegal drugs, fingerprints, blood spatter patterns and blood chemistry, guns and bullets, and other forms of physical evidence subjected to lab analyses, at least when the resulting reports are prepared for use as evidence in criminal trials.

Now, if prosecutors want to offer a crime lab report as evidence, and the report was prepared with the aim that it would be used at trial, the prosecution has to bring along the author or scientist and make them available for questioining by the defense — if the defense insists on the right to confront the analyst. It is not up to defense lawyers to summon them to the stand, but they must assert the right to confront the analyst, the Court indicated. A copy of the opinion can be found at http://www.supremecourtus.gov/opinions/08pdf/07-591.pdf.