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The following is posted on the November 2008 In Chambers blawg:

A number of years ago when I was prosecuting in Pima County one of the deputies came back from court one day and told us he had made a motion for the trial judge to direct a verdict of guilty. We all laughed at how ridiculous that was; you can’t do that. Then the other day I was browsing through an interesting series of books called American State Trials¦and I came across this:

At the Presidential election of 1872 (A Republican, Rutherford B. Hayes, won it but lasted only one term), Susan B. Anthony, along with 13 women, voted in Rochester, New York. Almost immediately afterward they were arrested and indicted for the offense of knowingly voting without having a lawful right to vote in violation of the Act of Congress of 1870. Only Ms. Anthony went to trial.

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With a historical presidential election only days away, William S. Hein & Co., Inc. is highlighting some of its presidential works:

Public Papers of the Presidents of the United States:

Containing the Public Messages, Speeches and Statements of the President

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Update from the Lexis Alert Service, Search run morning of October 30, 2008:

1. People v. Serrano, 4389, 3698/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8168; 2008 N.Y. App. Div. LEXIS 7992, October 28, 2008, Decided, October 28, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

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Electronic publlications from William S. Hein & Company:

HeinOnline’s U.S. Federal Agency Library

The U.S. Federal Agency Library is a complete collection of the official case law of some of the United States’ most important government institutions. This case law, also known as decision law, is the body of reported judicial opinions that are published by each agency and thereby become precedent and the basis for future decisions. This Library contains titles from various government agencies, including the FCC, NLRB, FTC, ICC, IRCB and many more. Continue to brochure.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 6th Circuit Court of Appeals, October 24, 2008 Jelovsek v. Bredesen, No. 07-5443, 07-5524 In a case involving whether certain Tennessee laws governing the wine industry violate the dormant commerce clause of the Constitution, a judgment upholding the laws is affirmed in part, and vacated in part where: 1) upholding a Tennessee law banning the direct shipment of alcoholic beverages to consumers, including wine, was proper; but 2) Tennessee’s Grape and Wine Law is discriminatory on its face; and 3) a remand was required in order to fashion an adequate remedy and to allow in-state wineries an opportunity to intervene.

U.S. 9th Circuit Court of Appeals, October 20, 2008 Porter v. Osborn, No. 07-35974 In the case of a roadside killing of a man by an Alaska State Trooper, denial of summary judgment for the state trooper on grounds of qualified immunity is reversed and remanded for reconsideration where to “shock the conscience” by actions stripping an officer of qualified immunity, the officer must act with a purpose to harm unrelated to law enforcement, rather than act with only deliberate indifference.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, October 22, 2008 US v. Boskic, No. 071188 Conviction of Bosnian citizen-defendant for two counts of making false statements in his applications for refugee status and permanent residency in the U.S. is affirmed over claims of error that: 1) the district court should have granted defendant’s motion to suppress statements made during an interview with government agents because those statements were secured in violation of his Fifth and Sixth Amendment rights; and 2) the court should have granted his motion for judgment of acquittal because the evidence was insufficient to support a finding of falsity in his two statements.

U.S. 1st Circuit Court of Appeals, October 22, 2008 US v. Anthony, No. 071670 Conviction and sentence for evading federal income tax are affirmed over claims of error that: 1) the district court’s willful blindness instruction was erroneous; and 2) the district court abused its discretion when it refused to admit into evidence legal materials on which defendant claimed to have relied in forming his good-faith belief that he did not have a duty to pay taxes.

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Update from the Lexis Alert Service, Search run morning of October 27, 2008:

1. People v. Delgado, 4361, 2279/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8004; 2008 N.Y. App. Div. LEXIS 7829, October 23, 2008, Decided, October 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

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The city Council of the City of New York voted 29 to 22 on October 23 to extend term limits which would permit Mayor Michael Blomberg to seek re-election next year. The Charter Amendment voted upon by the Council will also permit members of the City Council and other city elected officials to serve for three or four year terms.

Here is the text of the amendment to the city charter as approved by the Council on October 23, 2008:

Proposed Int. No. 845-A

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