"Officials trying to calm immigration raid rumors": The Associated Press reports here that "[n]agging rumors of raids have fueled such fear among illegal immigrants in Houston that many temporarily abandoned their jobs and homes, prompting city leaders and immigration authorities to try to calm the fright."

"Tobacco lobbyists try to block tax increase": The Associated Press has this report.

"Bradley bankruptcy decision delayed until summer": The Austin Business Journal reports here that "[p]rominent Austin developer Gary Bradley must wait at least two more months to find out whether a bankruptcy judge will allow him to abscond from more than $75 million of debt."

"DPS: major crime decreased in 2003": The Associated Press is reporting here that "[a] review finds the major crime rate in Texas decreased slightly in 2003."

Notice of Vacancy:

The U.S. Court of Appeals for the Fifth Circuit seeks applications from all highly qualified candidates for a 14-year appointment as a United States Bankruptcy Judge for the Southern District of Texas at Houston. Travel to other divisions in the district may be necessary on an occasional basis.

The selection process will be confidential and competitive. The current annual salary is $145,452. Only those persons with a law degree whose character, experience, ability, and impartiality qualify them to serve in the Judicial Branch should apply. Persons shall be considered without regard to race, color, sex, religion, disability, or national origin.

Those interested in applying should write to Gregory A. Nussel, Circuit Executive, U.S. Court of Appeals, Fifth Circuit, 600 Camp Street, Room 300, New Orleans, Louisiana 70130, for the qualification standards and an application form. Alternatively, these materials are available at www.ca5.uscourts.gov. THE DEADLINE FOR FILING COMPLETED APPLICATIONS IS MAY 28, 2004.

"Trial in recount dispute to start in two weeks": The San Antonio Express-News reports here that:

U.S. Rep. Ciro Rodriguez's legal challenge to overturn a controversial recount that propelled former state lawmaker Henry Cuellar to the Democratic nomination will go to trial within two weeks in Laredo, a judge ruled here Thursday.

As both sides laid out parts of their strategies in pretrial arguments, visiting District Court Judge Joe Hart said he wants the trial to start in Webb County on May 10 or 11, depending on courtroom availability.

Hart said he would rule on various motions, including Cuellar's petition that the case be dismissed, at a hearing in Laredo on Tuesday.

Statement by Chief Justice Thomas R. Phillips: The Chief Justice's statement is available here.

Texas Supreme Court: This week's orders are now available from the Texas Supreme Court.

"Chief Justice Phillips Announces Plans to Leave the Supreme Court": The Texas Supreme Court has this press release.

"Can States Constitutionally Regulate Video Games, As California Is Considering Doing? The First Amendment Framework That Would Probably Apply":

FindLaw columnist and U.C. Hastings law professor Vikram Amar, and FindLaw guest columnist and U.C. Davis law professor Alan Brownstein, consider the constitutionality of proposals -- such as a recent one in California -- that would regulate minors' access to violent video games. Amar and Brownstein survey several different relevant lines of Supreme Court cases, and conclude that such laws, as long as they apply only to minors, would not necessary be struck down as First Amendment violations.

"Petition drive seeks alcohol sales election in county Precinct 3": The Lubbock Avalanche-Journal reports here that:

Voters in a large portion of Lubbock, all of Idalou and parts of New Deal and Abernathy soon may be asked to sign a petition for an election to legalize the sale of packaged beer and wine.

However, petition organizer Roger Settler must file an acceptable application with the county election administrator before the long and highly structured legal process can begin.

Settler, a candidate for Lub bock mayor in the May 15 election, filed an incomplete application Tuesday, according to election administrator Dorothy Kennedy.

Settler formed the People's Liquor Coalition to legalize beer and wine sales in Lub bock County Commis sioner Precinct 3 and said he intends to complete the application this week.

"Recount lawsuit ruling to be made in Laredo": The Laredo Morning Times has this report.

"Final suspect in truck deaths caught in Texas. Smuggling trip abandoned in Victoria killed 19 immigrants": The Corpus Christi Caller-Times reports here that:

The last of 14 suspects in a human smuggling operation that led to the suffocation deaths of 19 people in South Texas is in custody, federal prosecutors said Thursday.

Fredy Giovanni Garcia-Tobar, a 24-year-old from Guatemala, was picked up in a traffic stop by police acting on a tip from the Texas Department of Public Safety, said Nancy Herrera of the U.S. Attorney's office.

"Phillips resigns as chief justice. Judge leaves Supreme Court to teach": The Austin American-Statesman reports here that:

After more than 16 years at the helm of the state's highest civil court, Supreme Court Chief Justice Tom Phillips delivered his letter of resignation Thursday to Gov. Rick Perry. He will step down on Sept. 3.

Phillips, 54, said he decided it was time to forge another career path. He will teach for a year at the South Texas College of Law in Houston while considering long-term plans.

While Phillips said he had grown weary of the court's "assembly-line" work, he spoke mostly with respect for the institution he has headed with the third-longest tenure in state history.

"Sparring over Skilling incident continues": The AP reports here that:

The sparring over whether former Enron CEO Jeffrey Skilling's bond should be more expensive and restricted because of a drunken scuffle in New York continued Thursday as prosecutors dismissed complaints that they publicized a distorted account of the incident.

"Retiring state Supreme Court chief justice lauded": The Fort Worth Star-Telegram reports here that:

Texas Supreme Court Chief Justice Tom Phillips -- a champion of judicial election reform who is credited with rebuilding the high court's once-tarnished image -- announced Thursday that he is retiring.

Phillips, 54, is stepping down in September from the state's highest civil court to become a professor at the South Texas College of Law in Houston and said he will look for other career options while there.

"Lobbying could change state mental health laws": The Fort Worth Star-Telegram has this report.

"Texas' chief justice resigning. Longtime foe of state's system of electing judges will teach law": The Houston Chronicle reports here that:

Taking a parting shot at a money-driven election system that gave him four victories but little comfort, Texas Supreme Court Chief Justice Tom Phillips announced Thursday he will resign in September to teach at Houston's South Texas College of Law.

Public School Finance: The Houston Chronicle reports here that "Gambling measure stirs school finance debate."

"Lottery battle brewing in House. Bipartisan opposition arising to key component of schools plan": The Austin American-Statesman has this report.

"Proposal would cut funding to Valley schools by millions": The Brownsville Herald has this report.

"Border Patrol boats back on Rio Grande": The Associated Press reports here that:

After years of being docked by historically low water levels and propeller-clogging river weeds, U.S. Border Patrol boats are again plying the waters of the lower Rio Grande.

"Ex-officer gets 30 days for stealing from suspect": The Houston Chronicle reports here that:

A former Houston police officer was sentenced to 30 days in jail Wednesday after pleading guilty to stealing money from a person he arrested.

Joseph Hubert, 54, was charged in December after internal affairs investigators set up a sting operation in response to complaints about the 18-year veteran.

A person he arrested had $400 cash, but $110 was missing when they got back to the police station, prosecutors said. He pleaded guilty to theft and tampering with a government document, which could have landed him in jail for up to two years.

"Charges against Lea Fastow scaled back in new plea bargain": The Houston Chronicle reports here that:

Lea Fastow, wife of ex-Enron CFO Andrew Fastow, was charged with a misdemeanor tax count today and is scheduled to plead guilty at a new arraignment next Thursday, avoiding a June trial date in Brownsville.

"House committee delays school finance vote again": The AP has this report.

"Backyard files suit against Milam": The Austin Business Journal reports here that:

Claiming concerts might have to be canceled, the operators of the popular music venue The Backyard have taken to court a parking dispute against the developer of two controversial retail projects in the Bee Cave area.

Travis County-based Ready to Receive Inc. and Direct Events Inc., which own and operate The Backyard, sued Milam Galleria Holdings LLC and HCS Holding Co. LLP on April 27 in Travis County District Court. Chris Milam, CEO of Austin-based International Development Management LLC, is the developer of two nearby projects, The Shops at the Galleria and the Hill Country Galleria.

At issue at is parking -- the right for 2,200 vehicles to park on land now owned by the defendants. That land, 18 acres adjacent to The Backyard, previously was owned by Spanish Oaks Commercial Partnership LP. A Spanish Oaks representative couldn't be reached for comment.

The Backyard's operators claim that when the land changed hands, Milam's companies failed to honor terms of a previous lease enabling 2,200 vehicles to park on the property. Specific claims include trespassing and tortious interference with contracts.

Milam denies the allegations. He says the parking deal originated with the previous landowner, not with his companies.

Fifth Circuit Reverses Conviction for Attempted Bank Robbery and Remands to the District Court with Instructions to Enter a Judgment of Acquittal: Yesterday, the United States Court of Appeals for the Fifth Circuit released this opinion.

"Last suspect in deadly smuggling ring arrested": The AP has this report.

"Criminal charges filed against spammers for first time": The AP has this report.

"Supreme Court chief to leave for teaching job": The AP is reporting here that:

Texas Supreme Court Chief Justice Tom Phillips will step down from the high court to take a teaching position at the South Texas College of Law in Houston, a court official said Thursday.

Phillips, a Republican, has scheduled a news conference for Thursday morning to make the announcement. He is expected to leave the court in September, said court spokesman Osler McCarthy.

Phillips, a Dallas native, was appointed chief justice to the court on Jan. 4, 1988, and was re-elected four more times, most recently in 2002.

During his term on the court, Phillips, 54, pushed to change the state's current system of electing judges and instead have the governor appoint judges who could then be voted out of office.

Phillips received his bachelor's degree from Baylor University and a law degree from Harvard Law School. He worked for several years as a trial attorney in Houston and was appointed in 1981 by Gov. William P. Clements as judge of the 280th District Court in Houston.

Update: The Houston Chronicle has this report from today's news conference. The Austin American-Statesman has this report.

New Standing Order in Travis County: "On April 5, 2004, the Travis County District Judges signed and filed the Amended Standing Pretrial Scheduling Order for Trial of Civil Jury Cases Including Use of Electronic Media. The Amended Order will go into effect on May 1. The Amended Order sets forth a timeline for pretrial events to occur before a civil jury case in Travis County. You may access the Amended Order online here." [Source = Travis County Bar Association's eBulletin]

"High Court Weighs Landmark 'Enemy Combatant' Cases": Tony Mauro of the Legal Times reports here that:

The Supreme Court appeared divided and troubled Wednesday during contentious arguments in a pair of landmark cases testing presidential power to detain U.S. citizens as enemy combatants in the war on terrorism, without judicial review.

"Evaluating Brown v. Board of Education on Its Fiftieth Anniversary. Are the Revisionists Right About This Landmark Decision?"

FindLaw columnist, attorney, and author Edward Lazarus discusses -- and offers a rebuttal to -- recent claims that the Supreme Court's decision in Brown v. Board of Education was far less significant than has been believed. Lazarus surveys revisionists' arguments, but concludes that Brown -- along with a host of Warren Court decisions that endorsed the same principles -- deserves its landmark status.

"Texas lawmaker's bill would benefit Bacardi. U.S. Rep. Lamar Smith picks up trademark issue dropped after outcry over contributions": The Austin American-Statesman reports here that:

The long, strange tale of Bacardi USA's fight against Cuba -- featuring backroom deals, deep-pocket campaign donations and the global clash of communism and capitalism -- has taken another turn, with U.S. Rep. Lamar Smith entering the fray.

Smith, R-San Antonio, filed a bill Wednesday to alter U.S. trademark rules to benefit Bacardi, the marketer of Bacardi rum, Dewar's scotch and other recognizable labels.

The legislation is similar to a sharply criticized provision that was quietly slipped into the defense appropriations bill last October by House Majority Leader Tom DeLay, R-Sugar Land. After it was revealed that DeLay political committees had received $40,000 from Bacardi, the resulting outcry didn't stop until the provision was stripped out.

Smith, however, sees his bill as more of a slap at Cuban leader Fidel Castro, whose government confiscated a rum-making company in 1960, setting off a chain of events that continues today.

Public School Finance: The Austin American-Statesman reports here: "House committee re-writes its education plan. New version increases earlier payroll and sales tax proposals."

The AP reports here: "Latest school finance plan: Sales tax would rise to 6.75%. Committee's rewrite also has $1 cigarette tax; property tax would stay in local hands."

"Candidate asks judge to reject lawsuit over primary voters": The AP reports here that:

Congressional challenger Henry Cuellar said Wednesday that U.S. Rep. Ciro Rodriguez was legally too late to make claims about unqualified Webb County voters casting ballots in last month's Democratic primary.

In court papers filed Wednesday in Laredo, Cuellar asked retired Judge Joseph Hart, who is hearing the case, to not accept Rodriguez's amended lawsuit, filed Tuesday, which states that Cuellar's slender lead in District 28 is a result of illegal voting in his home county.

Cuellar's legal filing asserts that by pointing at the Webb County voters, Rodriguez is trying to improperly broaden the scope of his original lawsuit, which cites unspecified irregularities in voting, vote counting and in a recount in late March.

The filing also repeated earlier assertions that Rodriguez's lawsuit is too skimpy on details and asked the court to force the seven-year incumbent to provide the names of improper voters and other specifics within 24 hours.

"Suit alleges racism at Euless restaurant": The Fort Worth Star-Telegram reports here that:

An Irving woman has filed a federal lawsuit claiming that she was subjected to racist treatment at the Waffle House in Euless in July 2002.

The lawsuit, filed Tuesday by Johnnie Merrill and her daughter in U.S. District Court in Dallas, is the latest of several lawsuits that accuse the Georgia-based company of racist treatment of African-American customers.

"Sex shops! 'Triple-X truck stops'! All from selling alcohol!": The Fort Worth Star-Telegram reports here that:

A few years into the 21st century, voters in Burleson and other local cities are still deciding whether to leave the 1950s.

Voters want better supermarkets and more restaurants. For that, they'll need to OK selling beer, wine and restaurant mixed drinks.

The election is May 15.

In a backlash straight out of Prohibition, the local temperance union has mounted an all-out attack against demon rum.

In White Settlement, one pastor is comparing drinkers to Saddam Hussein. In Burleson, one City Council challenger is frightfully predicting an onslaught of "triple-X truck stops."

Look, I doubt that anyone is going to take up drinking just because they no longer have to cross the county line or city limit.

So selling Shiner Bock or Pearl Light doesn't add more drunks. It simply keeps tax money closer to home.

Voters in Trophy Club figured that out in February. They approved beer, wine and mixed-drink sales with 94 percent of the vote.

On the other side of the argument, nobody wants to encourage drunken drivers or teen-age binge drinkers.

"Trial begins for former pastor accused of assaulting woman": The Houston Chronicle reports here on the trial of James Tucker.

"Skilling's lawyers say event distorted. Prosecutors' release of details criticized": The Houston Chronicle has this report on Skilling's night out in New York City.

"State fund for reimbursing trial witnesses runs dry": The AP reports here that:

Texas' fund for reimbursing travel, lodging and meal costs for criminal trial witnesses is empty, and state officials are scrambling to find money elsewhere so counties aren't stuck with the tab.

Lawmakers during last year's legislative session slashed funding for witness expenses by about 50 percent — from $1.1 million in 2002-03 to $600,000 this year. The fund has already been depleted, some five months before the start of the fiscal appropriation year in September.

Prosecutors say they're frustrated about the funding shortfall but will keep trying cases.

"Candidates hope to keep third party ads out of campaign": The AP reports here that:

Two Texans in a pitched battle for the same U.S. House seat are sending letters to hundreds of third-party groups, telling them their advertisements are not wanted in the 32nd congressional race.

Democratic Rep. Martin Frost and Republican Pete Sessions, both of Dallas and up for re-election in November, signed an agreement to bar unapproved third-party advertising from the contest. They pledged to send the letter to local, state and national organizations.

The two incumbents ended up vying for the same seat because Texas' Legislature redrew congressional district boundaries last year, carving up Frost's former District 24 so that a Republican would be heavily favored.

The candidates pledged to "publicly disavow" any advertisement of any sort that has not been authorized by one of the campaigns. They also asked third parties already advertising to cease the ads.

Bashman's Coverage of Today's United States Supreme Court Opinions: Available at this link is Howard Bashman's coverage.

"Dynegy settles California energy market claims": The Houston Business Journal has this report.

"Texas Lawyer launches quarterly pub[lication]": The Dallas Business Journal reports here that:

Texas Lawyer, a Dallas-based trade publication aimed at legal professionals, said Tuesday it has launched a quarterly magazine called Executive Legal Adviser. The magazine explores legal issues affecting business executives in Texas. It is written and edited by the staff of Texas Lawyer and includes contributions from business attorneys.

Texas Lawyer said it will host a launch event for the new venture on June 10 in Houston. The publication date of the first issue was April 21, and the magazine is distributed free of charge, Texas Lawyer said.

"Exxon Mobil appeals $3.5B judgment in Alabama case": The Dallas Business Journal provides this report.

"Asbestos settlement fuels quarterly loss for Halliburton": The AP has this report.

Texas Supreme Court & Texas Court of Criminal Appeals: No argument is scheduled for either court today.

United States Supreme Court: The Court will hear oral arguments in two cases today.

The first, Hamdi v. Rusmfeld, No. 03-6696, presents the following question for review:

Whether the court of appeals erred in holding that respondents have established the legality of the military's detention of Yaser Esam Hamdi, a presumed American citizen who was captured in Afghanistan during the combat operations in late 2001, and was determined by the military to be an enemy combatant who should be detained in connection with the ongoing hostilities in Afghanistan..

The second, Rumsfeld v. Padilla, No. 03-1027, presents the following questions for review:

1. Whether the President has authority as Commander in Chief and in light of Congress's Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat 224, to seize and detain a United States citizen in the United States based on a determination by the President that he is an enemy combatant who is closely associated with al Qaeda and has engaged in hostile and war-like acts, or whether 18 U.S.C. 4001(a) precludes that exercise of Presidential Authority.

2. Whether the district court has jurisdiction over the proper respondent to the amended habeas petition.

"Labor Standards Act recently updated": The Galveston County Daily News has this report.

"Eight-liner game room owner cuts deal, pleads guilty to gambling charge": The Lubbock Avalanche-Journal has this report.

"Law School Turf War Ignites. The Federalist Society vies with emerging American Constitution Society":

An ideological turf war has erupted in law schools, as liberals push against what they call a conservative dominance of American law. Enter the American Constitution Society, formed to counter the powerful Federalist Society. Saying the Federalist Society does not speak "for all the people," former Attorney General and ACS board member Janet Reno adds, "Law students want something real. They want to understand how they can participate and what a difference they can make."

Tresa Baldas of the National Law Journal has this report.

"Rejecting the All-or-Nothing Approach in the Moussaoui Case and the Guantanamo Detainees Oral Argument":

FindLaw columnist and Columbia law professor Michael Dorf compares two recent war-on-terrorism cases, and applauds the courts involved for taking a balanced, rather than an extreme, approach. One case is that of Zacarias Moussaoui -- who allegedly conspired to try to become "twentieth hijacker" in the 9/11 attacks. Moussaoui asked for his indictment to be dismissed unless he could call certain witnesses; the government said it need not produce the witnesses due to national security concerns; the court let the indictment stand but compelled the government to produce the witnesses' statements. The other case is the Guantanamo detainees case before the Supreme Court, in which the Justices seem to be looking for a middle ground.

"City reaffirms opposition to Patriot Act": The El Paso Times reports here that:

El Paso, by a split City Council vote Tuesday, became the 299th city in the country to adopt a resolution opposing the USA Patriot Act, which gave sweeping powers to security and law-enforcement authorities after the terrorist attacks of Sept. 11, 2001.

The council passed over a toughly worded measure supported by about 60 UTEP students, faculty members and others to adopt a milder version drafted by Northeast Rep. John Cook, a Vietnam War veteran, asserting that the Patriot Act infringes on important constitutional rights.

"Doggett targets 'sham' tax write-off. Companies say $2 billion-a-year benefit aids economy, environment": The Austin American-Statesman reports here that:

By merely spraying coal with latex or other additives, companies receive $2 billion a year in "synthetic fuel" tax breaks even though the coal burns no differently, U.S. Rep. Lloyd Doggett charges.

"This entire synfuel industry is basically a sham," the Austin Democrat said Tuesday. "I think it's one of the worst tax loopholes on the books."

Today, Doggett will introduce a bill to kill the tax credits, which are remnants of the energy crises of the 1970s, when Congress sought to encourage the creation of home-grown fuels.

Instead, the companies -- ranging from energy conglomerates to the largest U.S. hotel chain -- are generating healthy financial returns, not new sources of energy, Doggett said.

"House school plan opens to mixed reviews. Proposal cuts property taxes, raises sales taxes and creates a new payroll tax": The Austin American-Statesman has this report.

"Mexican court upholds conviction in killing of U.S. journalist": The Austin American-Statesman reports here that:

Two Huichol Indians have been found responsible for the killing of a U.S. journalist and are being sought by Mexican authorities, according to an attorney for the journalist's family.

The Indians, Juan Chivarra and Miguel Hernandez, previously were convicted in the 1998 killing of Philip True, a reporter for the San Antonio Express-News. But the men were freed while they appealed the verdict.

Jorge Ochoa, attorney for the True family, said an arrest warrant was issued for Chivarra and Hernandez after a court rejected their appeal.

"Internet-based child porn ring that lured thousands uncovered": The Fort Worth Star-Telegram reports here that:

A joint investigation conducted by Dallas police and FBI agents has uncovered an Internet-based child pornography operation with 23,000 customers throughout the United States, officials said Monday.

Operation Site-Key, which began in April 2001, has so far resulted in 51 convictions in the United States for possession of child pornography. With a list of 23,000 suspected subscribers of child pornography Web sites, police and FBI agents warn they're just getting started.

"Wife who stabbed husband wants to see kids": The Houston Chronicle reports here that "Susan Wright hopes a murder conviction will not keep her from seeing her children. The 28-year-old mother who was found guilty in March of stabbing her husband nearly 200 times is fighting a new court battle, this one over visitation rights with her 5-year-old son and 2-year-old daughter."

"House plan shifts Texans' tax burden. Consumer taxes would rise, property taxes fall": The Houston Chronicle reports here that:

Texans would save about one-third on their property taxes but would pay higher sales taxes and face new taxes on services such as oil changes, haircuts and visits to the vet under a plan unveiled Tuesday before a House committee.

The long-awaited plan of the House leadership was surprising in its breadth, offering a comprehensive way to lower property taxes and fund $1 billion in new education spending. The plan would raise enough revenue to replace $5 billion in lost property taxes plus the new spending.

Except for provisions on video gambling and cigarette taxes, House Speaker Tom Craddick's plan is vastly different from one offered by Gov. Rick Perry, who called lawmakers into special session to devise a new school finance system and provide property tax relief.

Perry's plan offers less property tax relief and relies on revenue from "sin" taxes rather than sales and business taxes. Perry said the House proposal merits "thoughtful and thorough consideration."

"Illegal influx from Mexico soars to meet labor needs": The Houston Chronicle has this report.

"Suit alleges scores of fraudulent votes in Laredo area": The AP reports here that:

U.S. Rep. Ciro Rodriguez filed an amendment to a lawsuit Tuesday that states that his challenger, Henry Cuellar, took the lead in a primary election recount because more than 100 ineligible voters cast ballots in the Laredo area in the March 9 primary.

The document states that some people did not live at the addresses at which they were registered to vote in the 28th Congressional District; other voters gave addresses that are abandoned houses, vacant lots or do not exist.

In some cases, people who did not vote were shown to have cast ballots, and in other instances, false information was given to election officials by people in order to vote, the amendment states.

"Beaumont jury awards $1 billion in diet drug suit": The Houston Chronicle has this report.

"Jurors hit drug maker for $1 billion": The Knight Ridder News Service reports here that:

The family of a Texas woman was awarded $1.013 billion Tuesday by a Beaumont jury, which found the drug maker Wyeth was responsible for the woman's death about six years after she took one of the company's fen-phen diet drugs.

"Family of woman who took diet drug awarded more than $1 billion": The AP reports here that:

The family of a woman who took a diet drug called Pondimin was awarded more than $1 billion by a Jefferson County jury Tuesday.

Cynthia Cappel-Coffey died last year after being diagnosed with primary pulmonary hypertension — which attorneys for her family claimed resulted from her use of the drug.

Cappel-Coffey took the drug for five months in 1997, according to her attorneys. She was diagnosed with PPH in 2002 and died the following year. She was 41 years old.

Houston Attorney John O'Quinn, who represented Cappel-Coffey's family, said Wyeth was negligent and "acted with 'malice' in marketing of this drug by putting its making of money ahead of human life and safety."

Wyeth, the company which produces the drug, said it had provided adequate warnings about the risk of PPH associated with the drug and had complied with Food and Drug Administration regulations.

The New Jersey-based drug company said it would appeal the verdict and noted that PPH cases represent a fraction of diet drug litigation.

Here is Wyeth's press release regarding the verdict.

"Patient dies from result of assault at state hospital. Police say charges pending against fellow patient": The Austin American-Statesman has this report.

"House looking at payroll tax plus expanded sales tax for Texas": The Houston Chronicle reports here that:

House Speaker Tom Craddick said today that the House is considering a payroll tax and expanded sales taxes to pay for property tax cuts and new education spending.

The details will be rolled out this afternoon by the House Select Committee on Public Education.

In addition to $1 billion in new education spending, Craddick said the House is looking at lowering the $1.50 cap on school property taxes to $1 for every $100 of a property's assessed value.

To pay for that, the committee is proposing eliminating the corporate franchise tax, which most businesses already have restructured to avoid, and enacting a new business tax on payroll. Craddick said the tax could be either 1 percent of payroll or a set amount per employee. There would be a cap to protect businesses that have large numbers of employees, the Republican speaker said.

"San Antonio judge charged with child indecency": The AP reports here that:

An administrative law judge accused of having sex with a local teenager may face additional charges arising from an incident last year in which he was found returning from Mexico with three underage girls.

Forrest Elmo Stewart, 77, of San Antonio currently faces a state charge of felony indecency with a child by sexual contact. He was arrested in a Victoria hotel last week.

Stewart, who presides over cases involving Social Security benefits, was in the process of being released from custody Tuesday on a $100,000 bond, Bexar County jail officials said.

According to an arrest affidavit, Stewart paid $100 on a number of occasions to have sex with a 16-year-old girl in several houses and motels around the city.

The investigation that led to Stewart's arrest began after he was arrested with the young girls in May 2003 in Freer in Duval County, law enforcement officials told the San Antonio Express-News.

"Without Ethics, Democracy Deteriorates, Warns Pope": Catholic Online has this report.

Public School Finance: The Austin American-Statesman reports here that "Speaker says House plan to include sales tax increase."

"State cuts title insurance rates. Commissioner orders 6.8 percent drop": The Austin American-Statesman reports here that:

Texas homeowners will get a break on title insurance, with a 6.8 percent cut ordered Tuesday by Insurance Commissioner Jose Montemayor.

With the cut, title insurance on a $100,000 house will be $871, down from $1,023 in 1998.

People buy title insurance when they buy a property and when they refinance their mortgages. The insurance protects buyers and mortgage lenders against any problems with the title to the house.

Unlike other types of insurance, title insurance rates are set by the state every two years and all companies must charge the same rate.

"Texas congressman turns up heat on 9/11 commissioner. In a letter signed by 74 other House Republicans, Rep. Lamar Smith questioned Jamie Gorelick's impartiality and criticized her for leaving law enforcement unprepared to stop terrorists": The Austin American-Statesman reports here that:

Continuing the Republican pressure on a Democratic member of the Sept. 11 commission, Rep. Lamar Smith on Monday questioned Jamie Gorelick's impartiality and criticized her for leaving law enforcement unprepared to stop terrorists.

The San Antonio congressman, in a letter also signed by 74 other House Republicans, asked Gorelick to provide a fuller accounting of her role in shaping intelligence-sharing policies as deputy attorney general in the Clinton administration.

"A review of the record indicates that there clearly were steps you and Attorney General (Janet) Reno could have taken to better prepare the Federal Bureau of Investigation and the Department of Justice to meet the challenges of international terrorism," the letter states.

Gorelick -- one of five Democrats on the 10-member panel investigating the Sept. 11 terrorist attacks -- received the letter but had no immediate response, a friend said Monday.

"Supreme Court Hears Cheney Secrecy Case": Gina Holland of the AP reports here that:

The Constitution gives presidents and vice presidents power to gather advice and make decisions without being forced to reveal every detail of how those decisions are made, the Bush administration's top Supreme Court lawyer argued Tuesday.

"This is a case about the separation of powers," Solicitor General Theodore Olson told the justices at the start of lively arguments about privacy in White House policy-making.

The nearly three-year fight over access to records of Vice President Dick Cheney's work on a national energy strategy came to the high court after a federal judge ordered what Olson called a broad, unconstitutional release of White House documents.

The White House is framing the case as a major test of executive power, arguing that the forced disclosure of confidential records intrudes on a president's power to get truthful advice. Environmental and other interest groups claim the records will show whether the energy industry got special access or favors.

"Social Security judge's charges have involved underage girls": The San Antonio Express-News reports here that:

For 20 years, Forrest Elmo Stewart had a hand in deciding whether people received Social Security benefits.

But the 77-year-old administrative law judge with the Social Security Administration now will face another jurist, having been charged with indecency with a child by sexual contact.

The investigation that led to the charge stretches back almost a year, according to court records and law enforcement officials.

According to an arrest affidavit filed last week, the San Antonio resident paid $100 on several occasions to have sex with a 16-year-old girl.

The document details several encounters in houses and motels around the city and said one of those may have been brokered through a woman Stewart knows.

Authorities said Stewart, who was arrested in a Victoria hotel where he sometimes traveled for work, may face additional federal charges.

The investigation began after Stewart was arrested in May 2003 in Freer, where he was found returning from Mexico with three underage girls for reasons that a local police chief said did not make sense.

"Recount suit to offer details": The San Antonio Express-News reports here that:

U.S. Rep. Ciro Rodriguez is expected to try to beef up his legal case against Democratic nominee Henry Cuellar today, introducing an amended lawsuit that alleges more than 500 people who voted in the primary here are registered at vacant addresses or at homes where they do not live.

Rodriguez, a seven-year incumbent in Congress, sued Cuellar two weeks ago after losing his re-election bid in a recount following the March 9 primary.

Responding to criticism from Cuellar that his legal challenge was too vague, Rodriguez's action today is expected to include long-awaited details of what he claims might have occurred in Webb and Zapata counties, where Cuellar got his biggest boosts in the 28th Congressional District recount.

"Justice doesn't always translate across border": The San Antonio Express-News reports here that:

With a justice system even its own president brands corrupt, Mexico would seem hard pressed to criticize how accused criminals are treated in the United States.

But that is what is happening, as Mexico calls on the United States to abide by a recent World Court ruling to review the cases of 51 Mexican nationals on death row.

United States Supreme Court: The Court will hear oral argument in one case today. That case, Cheney v. United States District Court, No. 03-475, presents the following questions:

1. Whether the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 1 §§ 1 et seq. can be construed, consistent with the Constitution, principles of separation of powers, and this Court's decisions governing judicial review of Executive Branch actions, to authorize broad discovery of the process by which the Vice President and other senior advisors gathered information to advise the President on important national policy matters, based solely on an unsupported allegation in a complaint that the advisory group was not constituted as the President expressly directed and the advisory group itself reported. 2. Whether the court of appeals had mandamus or appellate jurisdiction to review the district court's unprecedented discovery orders in this litigation.

"Democrats lobby for health funding. 2 file bills to reverse spending cuts": The Houston Chronicle reports here that:

Democrats and child advocates pleaded Monday for lawmakers to reverse deep cuts to health care programs for children, but health officials say they intend to bar thousands more children from coverage instead.

Democratic Reps. Elliott Naishtat of Austin and Garnet Coleman of Houston said they have filed bills to reverse health care spending cuts across the board by tapping into $1.2 billion in available money.

They asked Gov. Rick Perry to add health and human service issues to his call for a special session on school finance, arguing that unhealthy children can't learn no matter how schools are financed.

"Feds asked to suspend PAC probe. Contributions legal, U.S. attorney is told": The Houston Chronicle reports here that:

A national conservative group is asking federal prosecutors to drop an investigation into the financial activities of a political committee founded by U.S. House Majority Leader Tom DeLay, R-Sugar Land.

The American Conservative Union told U.S. Attorney Johnny Sutton of San Antonio that the 2002 campaign finance activities of DeLay's Texans for a Republican Majority should not be subject to a criminal investigation.

"Your office should take no action ... for the simple reason that the contributions were made legally and in accordance with the applicable state and federal law in effect during the 2002 election cycle," wrote David Keene, chairman of the American Conservative Union.

The advocacy organization Judicial Watch has filed a complaint against Texans for a Republican Majority, claiming it conducted illegal money laundering in 2002 to funnel corporate money to GOP candidates for the Texas House.

"Cheney disclosure challenge is on tap. High court to hear energy panel case": The Houston Chronicle reports here that:

The U.S. Supreme Court hears arguments today on whether Vice President Dick Cheney should be forced to name the energy executives, including some from Houston's bankrupt Enron Corp., who helped write the Bush administration's energy policy.

The case, to be decided by July, is one of several this court session involving challenges to White House secrecy.

"Medco to Pay $29M in Dispute With States": The AP reports here that:

In a case that could alter how prescriptions are filled, the nation's largest pharmacy benefits manager will pay $29 million to settle allegations by 20 states that it pressured doctors to switch patients' medications to benefit its bottom line.

Medco Health Solutions Inc., accused of "unfair or deceptive acts and practices" that violated the states' trade practices laws, also agreed Monday to new disclosures when it seeks to switch a patient's medication.

The Franklin Lakes, N.J.-based company also filed a settlement Monday with the U.S. Attorney's Office in Philadelphia requiring similar changes in its practices. That office is pursuing additional fines and penalties.

"Energy firms reach $280 million settlement with California": The AP reports here that:

Dynegy Inc. and NRG Energy Inc. struck a deal to wipe out more than $280 million in unpaid electricity bills during California's energy crisis, state officials said Monday.

The settlement resolves refund claims and accusations the companies charged unjust or unreasonable electricity rates after October 2000. It also includes $50.9 million to settle claims before October 2000, which federal regulators wouldn't consider.

"Police told to make 2 traffic stops per day": The Fort Worth Star-Telegram reports here that:

West side patrol officers are under new orders: Make two traffic stops a day or face a penalty that includes having days off changed or being reassigned to a different beat, shift or district.

The policy, described in a memo obtained by the Star-Telegram as an active approach to decreasing serious crime in west Fort Worth, disturbs some officers to whom it sounds similar to an illegal quota.

"To me, this is a thinly veiled attempt at a quota, and I don't like it," said Lee Jackson, president of the Fort Worth Police Officers Association, which represents more than 1,200 members of the department.

The state transportation code prohibits ticket quotas.

Police Chief Ralph Mendoza said that he did not initiate the new policy, which he learned about last week, and that he doesn't know who did. But he said he sees nothing wrong with the two-traffic-stop policy. He insisted that it is not an imposed quota.

"Judge declares mistrial in Hays landfill case. Four of 12 jurors reported seeing headline on Statesman article": The Austin American-Statesman reports here that:

A state District Court judge in Hays County on Monday declared a mistrial in a 2-week-old civil trial to determine who is responsible for disposing of the lead-tainted waste mistakenly sent to the Texas Disposal Systems landfill in Creedmoor.

Judge Gary Steel granted the mistrial motion by Zenith Electronics Corp. and Penske Truck Leasing Co., whose lawyers argued that jurors could have been improperly influenced by an article that appeared Saturday in the Austin American-Statesman.

Texas Disposal Systems is suing the two companies, saying they are legally responsible for paying for the proper disposal of their hazardous waste, sent to the municipal waste landfill after a 1997 truck wreck on Interstate 35.

According to a draft transcript of Monday's proceedings, none of the 12 jurors reported reading the article, though four jurors told the judge they had seen the headline: "Landfill is suing for toxic mistake; top-rated site near Austin stuck with tons of lead-laden waste."

"Proposals to expand gambling surface in House. Committee crafting finance bill hears proposals for video lottery machines": The Austin American-Statesman reports here that:

The House committee working on an education bill Monday considered two proposals to expand the state's lottery to include slot-like machines.

State Reps. Ron Wilson, D-Houston, and Jim Pitts, R-Waxahachie, introduced proposals for video lottery terminals to the House Select Committee on Public School Finance, of which they are members.

Both plans would allow the terminals at racetracks and on Indian reservations. However, Wilson's proposal would require racetracks to give 40 percent of their video lottery revenue, after prize money has been paid, to the state. Tribes operating the machines would have to share 8 percent of their net revenue.

"Congressman expected to offer details in District 28 lawsuit": The AP reports here that:

Attorneys for U.S. Rep. Ciro Rodriguez reportedly have new evidence in the congressman's lawsuit against a Democratic challenger over what the incumbent claimed were election irregularities.

Amended documents in the lawsuit alleging more than 500 people who voted in the primary here are registered at vacant addresses or at homes where they do not live were expected to be filed Tuesday, according to the San Antonio Express-News.

A seven-year congressional incumbent, Rodriguez sued Cuellar two weeks ago after losing his re-election bid in a recount following the March 9 primary.

"Pair proud to have helped defeat state's sodomy law": The Corpus Christi Caller-Times reports here that:

Two men whose 1998 arrests led to a U.S. Supreme Court decision that struck down bans on sodomy, say they are proud to have helped defeat an unjust law.

Speaking together for the first time since the case began, John Lawrence and Tyron Garner told The Houston Chronicle for a Sunday story that they are overwhelmed by the support they received and are glad the case is over.

"Supreme Court to Decide Tax Fairness Case": Gina Holland of the AP reports here that:

The Supreme Court agreed Monday to review the government's way of resolving large tax disputes, accepting a challenge that claims taxpayers can be hit with multimillion-dollar judgments without knowing how the decision was reached.

Justices will hear a constitutional challenge to the little-known and technical process for people who fight government demands for taxes. At issue are the largest cases - those involving more than $50,000, in which special judges hold trials and forward recommendations to the U.S. Tax Court for rulings.

Public School Finance: The AP reports here: "House committee considers video gambling at racetracks."

"Magistrate arrested on suspicion of indecency with a child": The San Antonio Express-News reports here that:

A San Antonio federal administrative magistrate arrested last week on suspicion of indecency with a child is scheduled for a bond hearing today.

Acting on a statement obtained from an alleged female victim, authorities arrested Forrest Elmo Stewart, 77, of San Antonio, early Thursday morning at a hotel in Victoria. He is being held in Bexar County Jail.

The alleged victim was not at the hotel with Stewart at the time of his arrest, said Tom Vinger, a spokesman with the Texas Department of Public Safety.

"Court Won't Reinstate Prayer at School": The AP reports here that:

The Supreme Court said Monday it will not consider reinstating mealtime prayers at a state-funded military college, turning aside an appeal from Virginia officials who wanted to preserve the tradition.

Justice Antonin Scalia blasted his colleagues for refusing to hear the case, arguing that it raised important church-state questions. Leaving those issues unresolved is unfair to Virginia Military Institute, Scalia wrote in a dissent joined by fellow conservative Chief Justice William H. Rehnquist.

A lower federal court had found VMI's mealtime prayers violate the Constitution, and the high court's action means that ruling will stand.

United States Supreme Court: The Court has released this week's orders list.

United States Supreme Court: The Court will hear oral arguments in two cases today. The first, Pliler v. Ford, No. 03-221, presents the following questions:

(1) Is the dismissal of a "mixed" habeas petition improper unless the district court informs the petitioner about the possibility of a stay of proceeding pending exhaustion of state remedies and advises the petitioner with repsect to a statute of limitations in the event of any refiling? (2) Can a second, untimely habeas petition relate back to the first habeas petition, when the first petition was dismissed and the first proceeding is no longer pending?

The second, F. Hoffman La-Roche v. Empagran S.A., No. 03-724, presents the following question:

Whether the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. 6a, provides jurisdiction under the Sherman Act over the claims of a foreign plaintiff injured by a conspiracy having direct, substantial, and reasonably foreseeable anticompetitive effects on United States trade or commerce, when the foreign plaintiff's claimed injury does not arise from those domestic effects.

"Vitamin Fight Could Energize Foreign Suits. Supreme Court takes up high-stakes price-fixing case": Lily Henning of the Legal Times reports:

In a multibillion-dollar price-fixing case pitting foreign vitamin buyers against vitamin sellers, the Supreme Court will hear arguments today on whether buyers who purchased products overseas had the right to bring suit in the United States in the first place. If it answers yes, the Court could clear the way for massive private claims by foreign plaintiffs in U.S. courts. And business advocates and government officials are raising flags.

"Did your time? Groups want you to vote. Get-out-the-vote drive targets ex-felons": The Austin American-Statesman reports here that:

It's a common misconception that ex-felons can't vote. Even ex-felons think they're barred in Texas, says Eva Owens, director of the nonpartisan Texas Criminal Justice Reform Coalition in Austin.

It is true that Texans with felony convictions once could not vote. But in 1983, a permanent ban was replaced with a five-year waiting period after felons finished their sentences. That later became a two-year period, and in 1997, then-Gov. George W. Bush enacted legislation eliminating that wait.

Voting rights are left up to the states. All except Vermont and Maine prohibit felony prisoners from voting, and six states permanently ban all ex-offenders, even those who've completed their sentences. (Seven others permanently ban certain felony offenders, but some may restore voting rights through a difficult pardon, appeal or clemency process.)

Texas is among 15 states that exclude all felony prisoners, probationers and parolees.

The state laws that ban or restrict the voting rights of felons keep an estimated 4.7 million citizens -- 1 in 43 adults in the United States -- from voting; more than half a million in Texas.

In the 1970s the U.S. Supreme Court held that preventing felons from voting is constitu- tional.

Should felons, even former felons, have the right to vote? Ever? The questions can inflame passions and trigger opinions on everything from justice in a democratic society to victims' rights, civil rights and the legacy of laws that once barred all but wealthy, white, male landowners from voting.

"Cases test law giving legal rights to fetuses": The Houston Chronicle has this report.

"Special session taking on look of '06 primary": The Houston Chronicle reports here that "[t]he special legislative session on public school finance could be mistaken for the Republican gubernatorial primary of 2006 as Gov. Rick Perry publicly spars with possible challenger Comptroller Carole Keeton Strayhorn."

"House debuts money distribution plan": The Austin American-Statesman reports here that:

House leaders rolled out an innovative method for distributing state money to public schools on Saturday, as a House education committee continues to consider new ways to overhaul the way Texas pays for educating children.

The proposed funding plan would give schools a set amount of money, differentiating for the first time between the cost of primary and high school students.

"Despite rain, U.S. skeptical of Mexico's water debt payment": The AP has this report.

"Raid rumors send local immigrants into a panic": The Houston Chronicle reports herei that "[t]he panic that sent hundreds of illegal immigrants fleeing from their homes, jobs and schools in recent weeks may have been set into motion on March 23, when a developer and contractor surveyed their sprawling construction site from a white helicopter with green stripes -- the same colors as U.S. Border Patrol helicopters."

"Nader criticizes Perry on Texas school finance. Says gambling shouldn't fund education": The AP has this report.

"Scalia, hunting partners have strong political ties": The Los Angeles Times has this report.

"State GOP money trail muddy, possible violations of law": The Houston Chronicle reports here that:

The Texas Republican Party went on a drive during the last major statewide elections to raise corporate cash like never before, collecting $2.2 million from companies such as energy firms and nursing home chains.
While raising the money was legal, it may have been spent in violation of state law, the Houston Chronicle found through a review of more than 10,000 pages of state and federal campaign finance reports.

Texas law prohibits political parties from spending corporate or labor union money on anything other than running a party primary, paying for a convention or administrative expenses. State law also requires those funds to be spent through a separate, restricted account, which can also include money from other sources.

But the state Republican Party transferred its corporate donations to a federal committee it runs and designated all general election expenses as administrative.

"Judge acts after agency ignores troubled elderly": The New York Times has this report.

"State's high court to consider malpractice case. Appeals court threw out previous victory for family": The Houston Chronicle reports here that "[t]he multimillion dollar malpractice case of a Humble man who suffered brain damage in a botched back surgery is heading to the Texas Supreme Court. The high court, in a move that surprised some legal observers, agreed to consider the case at the request of the family of Ricardo Romero, who suffered a work injury in 1998. 'It'll be scheduled in the future, probably not until the fall,' said Osler McCarthy, a court spokesman, noting the justices are nearing the end of hearing oral arguments for the current term."

"Famous ex-couple show support for son in court": The Houston Chronicle reports here that "[a]ctors Farrah Fawcett and Ryan O'Neal wiped away tears in a Houston courtroom Friday as they watched a judge order their 19-year-old son to undergo residential drug treatment for heroin addiction. Redmond O'Neal, of Malibu, Calif., was staying at his maternal grandfather's northwest Harris County home when he was arrested and charged with forgery on Jan. 7, 2003. Authorities said he tried to cash a fake check at a hardware store on FM 1960. Prosecutors agreed to dismiss the charges in April 2003 on the condition that the teen successfully complete a drug treatment program, but he failed to do so."

"Landmark segregation case was slow to bear fruit, historian says. 1954 ruling became effective only in the 1990s, John Hope Franklin says at Heman Sweatt symposium": The Austin American-Statesman reports here that:

The landmark decision that declared segregation in public schools illegal 50 years ago took several decades to become effective, African American historian John Hope Franklin said Friday night at the University of Texas.

As a researcher and historian working on plaintiff Linda Brown's team, Franklin had some direct insight into the 1954 Brown v. Board of Education decision, in which the Supreme Court made segregation in all public schools illegal.

He said the case was "almost forgotten" during the Civil Rights era and only resurfaced in the collective consciousness in the 1990s.

"Lawmakers to unveil school spending plan today. Districts would get more money for bilingual, low-income students": The Austin American-Statesman reports here that:

Members of a House committee don't yet agree on how they should raise money for public education, but today they're going to discuss how to spend it.

A proposal the committee will unveil today would pump at least $700 million more into the system in the 2005-06 school year, including additional money for low-income and bilingual education students.

It also would require that payments to school districts be adjusted for inflation each year. In addition, the cost of education index, which accounts for regional differences, would be updated. It hasn't been updated in more than a decade.

"Supreme Court rules for Ethical Society to get religious tax exemption. Strayhorn argues that the group doesn't qualify because it doesn't worship a higher power": The Austin American-Statesman reports here that:

The state comptroller's office, pinch hitting for divine beings, is now zero for three in Texas courts but wants one more trip to the plate.

The state Supreme Court on Friday rejected Comptroller Carole Keeton Strayhorn's argument that the Ethical Society of Austin doesn't qualify for religious tax exemptions because its members do not worship a specific God or higher power.

"Nader criticizes Perry over school finance plan": The AP reports here that:

Independent presidential candidate Ralph Nader on Friday criticized Republican Gov. Rick Perry over his plan to fund schools partially by allowing video lottery terminals at racetracks and Indian casinos.

"We should not be funding education by encouraging gambling, which produces addiction, breaks up families, strikes hard at lower income people and represents the decay of any society in history," Nader said.

Perry has defended the plan, saying Texas voters should have a choice about whether to legalize and regulate the machines, which are similar to slot machines. Perry's office has estimated Texas would raise about $2 billion in almost three years from video gambling.

"Handling of hazardous waste creating a stink in Creedmoor. Landfill operator sues to enforce waste rules":

On prairie land 10 miles southeast of downtown Austin, 99 large containers filled with a festering mix of hazardous waste and household trash sit waiting for transport to a safe burial. With temperatures rising, so will the stench.

It's a surreal predicament for Bob Gregory. His Texas Disposal Systems landfill, where the sealed containers languish, is widely regarded as the best-designed, best-run municipal waste landfill in Texas. So say his neighbors, state regulators, environmental activists -- even the governor's office, which in 2002 honored the company with a Texas Environmental Excellence Award.

Gregory's only vocal detractors seem to be Zenith Electronics Corp. and Penske Truck Leasing Co., the companies he is suing because their lead-laden waste mistakenly was sent to Texas Disposal Systems after a 1997 truck wreck on Interstate 35.

Their lawyers, including legal powerhouse Baker Botts, are in state District Court in Hays County arguing that the two companies have no obligation to pay the $400,000 it will cost to legally dispose of about 1,600 tons in a landfill designed to accept industrial hazardous waste.

The Austin American-Statesman has the rest of the story.

"Three Austin download cases over. Industry settles with defendants as campaign against music file-sharing presses on": The Austin American-Statesman has this of the story.

"Vatican official: Deny Communion to politicians favoring abortion rights. Leaders who don't publicly uphold teachings aren't fit, official says": The Washington Post reports here that:

A top Vatican official said Friday that Roman Catholic politicians who support abortion rights should be denied Communion, as church officials in the United States debate how to respond to Democratic presidential candidate John Kerry's position in favor of abortion rights.

Cardinal Francis Arinze, at a Vatican news conference about liturgical abuses, declined to say whether the Massachusetts senator should be denied Communion. Instead, he spoke generally about Catholic politicians who do not uphold church teachings in their public lives.

"Killer gets reprieve based on retardation claim": The AP reports here that "[a] condemned killer scheduled to die next week for the rape, robbery and fatal shooting of a 17-year-old Denton high school student won a reprieve today from a federal appeals court. Attorneys for James Lee Clark, 35, contend the former plumber's helper from Caddo Parish, La., is mentally retarded and not eligible for the death penalty."

"A Controversial Choice for the Position of Archivist of the United States: Part of the Bush Administration's Secrecy Strategy?":

FindLaw columnist and former counsel to the President John Dean traces President Bush's actions with respect to the secrecy of his official papers from his Texas Governorship, to the present. Dean chronicles legal tactics Bush has used to try to keep these papers secret, and argues that his recent decision to nominate a new national archivist is in keeping with what Dean contends is a secrecy strategy by the President.

"A teacher fights back against unruly kids. As educators face more abuse, some are turning to courts to restore order in classroom": The Christian Science Monitor has this report.

Texas Supreme Court: The Texas Supreme Court published three opinions today. The Court's orders list is available here.

'Ex-lawyer heading to prison": The San Antonio Express-News reports here that "[a] disbarred attorney who failed to repay a former client he took to the cleaners was sentenced Thursday to 15 years in prison. Miles Appleberry, 61, shook his head but said nothing as District Judge Sharon MacRae, rejecting his plea for probation, ordered sheriff deputies to lead him away as his wife, Jay, and 15-year-old daughter, Candice, looked on tearfully. The graying former bankruptcy attorney pleaded no contest to stealing more than $150,000 from the trust fund of former Trinity University student Cecilia Black, who had hired him in 1998 to manage an inheritance."

"Perry plan has strip club crowd asking, 'Why us?'":

In the four years "Gwen" has made a living dancing scantily clad on the poles of San Antonio's strip clubs, she has seen business steadily drop off — a trend she blames on the growing aggressiveness of city ordinances and hard economic times.

Now the 22-year-old blonde fears her livelihood could be in further jeopardy, as Gov. Rick Perry is politicking for a sin tax on the clubs to overhaul the state's education funding.

"It would totally decrease our business," said Gwen, who would not give her real name.

The dancer said she has already seen a decline in visits from her regulars, and her income has been cut almost in half because of local ordinances regulating activity in strip clubs.

In an attempt to lower school property taxes, Perry called a legislative special session to rework school financing in Texas and find ways to make up for state budget shortfalls.

Part of Perry's overall plan would increase the tax on tobacco, expand legalized gambling and create a tax on topless clubs to help make up for lost property tax revenues.

The San Antonio Express-News has the rest of the story.

"Cooke County officials reopen 1946 hanging case": The AP has this report.

"House seeks to prepare itself for devastating attack": The AP reports here that:

Recognizing its own vulnerability in the age of terrorism, the House has agreed to speed up special elections to replenish its numbers when 100 or more lawmakers die in an attack.

"This bill will guarantee the failure of any terrorist attempt to decapitate the legislative branch of the United States," Majority Leader Tom DeLay, R-Texas, said after the 306-97 vote Thursday.

Under the legislation, the House speaker could declare "exceptional circumstances" when 100 or more seats in the 435-seat body are left vacant by a catastrophic event, triggering special elections in affected districts that must be held within 45 days. The House approved an amendment protecting the voting rights of military personnel under the expedited system.

While the final vote was decisive, many Democrats warned that speeding up elections was not enough and, at a time of terrible crisis, could expose Congress to weeks of lacking the manpower or the authority to act. Many sought a constitutional amendment that would allow temporary appointments of lawmakers before elections could be held.

"Courthouse regains former splendor": The Fort Worth Star-Telegram has this report on the restoration of the Parker County Courthouse.

"Retirees may lose health benefits": The New York Times reports here that "[t]he Equal Employment Opportunity Commission voted Thursday to allow employers to reduce or eliminate company-paid health benefits for retirees when they become eligible for Medicare at age 65. The agency approved a final rule saying that such cuts do not violate the civil rights law banning age discrimination. The vote was 3-1, with Republicans supporting the rule and a Democrat opposing it. Employers and some labor unions backed the change, saying it would help preserve coverage for early retirees. But AARP, which represents millions of Americans age 50 and older, strenuously objected."

"Panel probing Perry's `working retreat' trip to Bahamas": The Houston Chronicle has this report.

"Appeals court overturns murder conviction, again. Death row inmate poorly represented, panel says": The Houston Chronicle has this report.

"Georgetown liquor laws under fire. Restaurants want to kill rule that patrons must have club membership for alcohol service": The Austin American-Statesman reports here that:

A coalition of downtown Georgetown businesses is preparing to challenge liquor laws that require restaurant patrons to join a private club before they can be served alcohol.

The group will start gathering signatures at the city's Red Poppy Festival this weekend to call an election in September that would allow the unencumbered sale of alcohol at all restaurants north of Texas 29 and east of Interstate 35.

As it stands now, restaurants outside that area -- including those in the new Wolf Ranch retail development -- can sell alcohol freely to people 21 and older. Most of the restaurants east of the interstate, including those on the city's historic courthouse square, must abide by older local laws that require customers who drink to fill out a club membership card and sometimes pay a nominal fee.

In addition to being a bookkeeping nightmare, downtown restaurant owners say, the laws put them at a competitive disadvantage.

"Lawmakers angry that medical insurance rates not dropping
Members grill insurance commissioner in hearing": The Austin American-Statesman reports here that:

New laws designed to coax insurance companies into lowering medical malpractice premiums for Texas doctors have produced middling results so far, and state lawmakers want to know when the promised reductions will kick in and lead to lower health care costs for Texans.

The House Civil Practices Committee on Thursday heard updates on the fallout from a sweeping lawsuit reform bill enacted after a bitter legislative struggle last year.

The efforts to cut down the number of lawsuits -- including a cap on economic damage awards in malpractice cases that was approved by voters last September -- are supposed to improve access to health care by bringing down the high insurance rates that were believed to be driving some Texas doctors out of business.

So far one company, which insures about 40 percent of Texas doctors, has lowered its rates by 12 percent, Insurance Commissioner José Montemayor told the panel. Some hospitals also have seen their costs go down, Montemayor said, but most doctors have seen no reductions.

Only a few companies have been offering malpractice insurance in Texas, but Montemayor said more are entering the Texas market, and competition should eventually bring rates down. Committee Chairman Rep. Joe Nixon, R-Houston, called the early signs encouraging and noted that rates have not been increasing.

"Payout in Lutheran abuse case totals $69 million": "Dozens of thick blue notebooks fill a law office a block from the East Texas courthouse where sexual abuse victims of a former Lutheran minister won a jury award of nearly $37 million - bringing the total payout in the case to about $69 million. The notebooks contain hundreds of thousands of images of child pornography taken from three computers in former pastor Gerald Patrick Thomas Jr.'s parsonage, attorneys said." The AP has the rest of the story.

"Legal test: Was corporate money for politics or overhead? Criminal investigation and lawsuit against Texans for a Republican Majority hinge on answer": The Austin American-Statesman has this report.

"Perry plan has $2.6 billion in windfalls. Governor, to finance tax cut and education increases in 2006 and 2007, would borrow from 2005 and 2008": The Austin American-Statesman has this report.

"Perry's plan on hold, more ideas heard on school funding. Education panel `cleans slate' in special session": The Houston Chronicle has this report.

"Panel: Don't use Diebold touch-screen voting machines": The AP reports here that "California should ban the use of 15,000 touch-screen voting machines made by Diebold Election Systems from the Nov. 2 general election, an advisory panel to Secretary of State Kevin Shelley recommended Thursday. By an 8-0 vote, the state's Voting Systems and Procedures Panel recommended that Shelley cease the use of the machines, saying that Texas-based Diebold has performed poorly in California and its machines malfunctioned in the state's March 2 primary election, turning away many voters in San Diego County."

Monday's Oral Argument at the United States Supreme Court: Monday, F. Hoffman-LaRoche v. Empagran will be argued at the United States Supreme Court. The SCOTUSBlog has this report on the case (Tom Goldstein will argue the case for the respondents).

"Perry-Strayhorn feud over budget escalates": The Fort Worth Star-Telegram reports here that "[t]he simmering feud between Gov. Rick Perry and Comptroller Carole Keeton Strayhorn erupted into open warfare Wednesday, raising the specter of another fight over who makes official budgetary calculations. Last year, the two increasingly entrenched rivals deadlocked for several tense days over Strayhorn's authority to certify how much the Legislature can spend -- a power that gives her great sway over tax and spending decisions. Now, with Strayhorn issuing three days of attacks on his school finance plan in a just-started special legislative session, the governor is fighting back and suggesting that the comptroller may not have so much power after all."

"U.S. Contractor Fired for Military Coffin Photo": Reuters reports here that "[a] U.S. contractor and her husband have been fired after her photograph of 20 flag-draped coffins of U.S. soldiers going home from Iraq was published in violation of military rules."

"Court rejects Clarett's request to join NFL draft": The AP reports here that "[t]he Supreme Court refused today to let 20-year-old Maurice Clarett into the NFL draft this weekend. Justice Ruth Bader Ginsburg said she saw no reason to overturn a lower court's stay preventing him from being chosen by a professional team."

"House to debut school finance plan": The AP reports here that "[t]he House leadership is preparing to debut its proposal this weekend for allocating money to Texas schools, key legislators said Thursday. In a letter to superintendents of Texas schools, state Rep. Kent Grusendorf, the Republican chairman of the House Select Committee on Public School Finance, said he expects a House researcher to lay out the proposal to a legislative committee on Saturday."

"Jury finds Lutheran synod negligent in abuse case": The AP has this report.

"Strayhorn proposes last call in sex-themed nightclubs": The Dallas Business Journal reports here that "Texas Comptroller Carole Keeton Strayhorn proposed a ban on the sale and consumption of alcohol in sexually oriented nightclubs Wednesday, expressing concern with Gov. Rick Perry's plan to tack a $5 tax on admission to the nightclubs to fund public schools. Strayhorn proposed the strategy as a way to effectively put the clubs out of business. By cutting alcohol from the clubs, Strayhorn says she believes the clubs won't be as attractive to patrons."

"Super Bowl streaker gets trial date": The AP reports here that "[m]ore than 70,000 people caught Mark Roberts' last performance in Houston. Only six will be needed for the next one. Roberts, the 39-year-old Brit who shed a phony referee's uniform on the field at the Super Bowl and danced a jig in nothing but a thong, intends to go to trial June 21 on a misdemeanor trespassing charge."

"Man facing death for triple murder granted retrial": The AP reports here that "[a] federal appeals court has for a second time reversed the capital murder conviction of a man sentenced to die for a 1980 triple murder in Houston, saying his defense attorney was ineffective because he didn't contact the only known eyewitness. The U.S. 5th Circuit Court of Appeals in New Orleans voted 2-1 Wednesday to send the case of Max Alexander Soffar back to district court."

5th Circuit Reverses Capital Conviction and Sentence: The 5th Circuit released this 102 page opinion yesterday in Soffar v. Dretke. Judge Garza dissented.

"Appeals court overturns death sentence. Not enough evidence in 1999 ambush that killed three officers": The Austin American-Statesman reports here that "[t]he state's highest criminal court on Wednesday threw out the conviction of the only man sentenced to death for a bloody 1999 ambush in South Texas that left two Atascosa County sheriff's deputies and a state Department of Public Safety trooper dead. In a 6-2 ruling, the Court of Criminal Appeals found that there was not enough evidence that Kenneth Vodochodsky's role in planning or carrying out the ambush was significant enough for him to be convicted."

"Ethics agency investigates the way Perry paid for trip. Governor says there was 'real, progressive conversation' on school finance during Bahamas trip.": The Austin American-Statesman reports here that:

The Texas Ethics Commission has told Gov. Rick Perry that it will decide whether he illegally converted political money to personal use when he used campaign funds to pay for his recent trip to the Bahamas.

At issue is the money Perry used to pay for himself, wife Anita and several top staffers. Perry spokeswoman Kathy Walt on Wednesday declined to say how much was spent but noted that it will be listed on Perry's next finance report.

"War on Terror Should Not Be Fought by Lawyers in Courtrooms, But By Troops on the Battlefield": U.S. Senator John Cornyn has this press release.

"Texas lawmaker's terrorism-death penalty bill gets prelim OK": The Waco Tribune-Herald reports here that "[a] House panel gave preliminary approval Wednesday to a bill backed by President Bush to make terrorists crimes that result in death punishable by death or life in prison. The legislation passed on a voice vote by the subcommittee on crimes, terrorism and homeland security of the House Judiciary Committee. It is sponsored by Republican Rep. John Carter of Round Rock, Texas, a former state district judge."

At least the stray pets do not need to be implanted with a microchip!: The Waco Tribune-Herald reports here that "[o]wners of six or more dogs and cats must now get an annual permit under new animal ordinances the Waco City Council approved Tuesday. The council also mandated annual rabies vaccinations and passed an ordinance that stray pets must be implanted with a microchip before they leave the animal shelter. But the council chose not to require dog breeders to get permits, saying the measure would do little to stem the tide of unwanted stray animals in Waco."

"Protesters attack health-care law": The Corpus Christi Caller-Times reports here that "Coastal Bend health-care workers protested a new law they think will mean staggering job losses and what one protester's sign called 'taking the 'human' out of human services.'"

"Strayhorn: Close, don't tax strip clubs. Perry says comptroller wants to `blow up' session": The Houston Chronicle reports here that "[o]pening another front in her criticism of Gov. Rick Perry's school finance plan, Comptroller Carole Keeton Strayhorn on Wednesday said that instead of taxing strip clubs, the state should shut them down."

"Court commutes retarded killer's death sentence. 1st such ruling by appeals panel": The Houston Chronicle reports here that "[t]he Texas Court of Criminal Appeals, for the first time in its history, commuted the death penalty of a murderer Wednesday because he is mentally retarded. Willie Mack Modden, sentenced in the stabbing death of a mother of three in 1985, cannot be executed and will serve a life sentence for the murder instead."

"Legal wrangle sparks debate on management district power": The Houston Chronicle has this report.

"Tenuous existence hits home for immigrants fearing raids": The Houston Chronicle reports here that "[r]umors of immigration raids in the Houston area have been circulating for nearly two weeks, causing workers to clear out construction sites and other workers to stay at home. Federal officials have denied that raids were taking place."

"Prosecutors ponder move over Skilling's `irrational' behavior": The Houston Chronicle reports here that "[f]ederal prosecutors say ex-Enron CEO Jeff Skilling violated his $5 million bond in New York City earlier this month by being severely intoxicated, trying to lift a woman's blouse in search of an FBI wiretap and attempting to steal a car's license plate, according to a document filed in court Wednesday."

"Highlights Wednesday from the Texas Legislature": The AP reports here that "Rep. Mike Krusee, a Round Rock Republican, on Wednesday laid out for the House public education committee Gov. Rick Perry's proposal for overhauling the so-called Robin Hood school finance system. Members of Perry's staff answered questions and explained each part of the bill to the 29-member committee. Krusee said he would withdraw the bill after the committee had discussed it. A spokesman for the governor's office said Krusee would carry Perry's plan as a House bill. Some members, including Rep. Helen Giddings, D-DeSoto, asked for more time to look at the bill, which was distributed to members moments before the committee began."

"Voting machine maker attacked for California performance": The AP reports here that "[e]mbattled electronic voting machine maker Diebold Election Systems 'jeopardized the outcome of the March election,' according to California's secretary of state's office. A state voting systems panel is considering disciplinary action against the Texas-based firm, which could bruise its standing nationally as states gear up to spend billions of dollars for new touch screen voting equipment."

"Kerry's visit to focus on Texas environmental issues": The AP reports here that "Presidential hopeful John Kerry's Earth Day campaign stop is the nation's fourth largest city, which has vied with Los Angeles for having the smoggiest skies. The Democrat scheduled an appearance at the University of Houston main campus on Thursday to detail the differences between him and President Bush on environmental issues. He says Bush's industry-backed policies are contributing to more air and water pollution."

"Plaintiffs await verdict in Lutheran clergy abuse case": The AP reports here that the jury is still out in the sexual abuse trial of a Lutheran minister.

"Test to put immigrants in fast lane": "Among those who have experienced immigration red tape, the government's latest pitch sounds almost too good to be true: Starting May 3, apply for legal residency and get a green card in 90 days." The Fort Worth Star-Telegram has the rest of the story.

"Texas court overturns two death sentences": The AP has this look at the cases of Willie Mack Modden and Kenneth Vodochodksy.

"Perry says comptroller intent on 'blowing up' session": The Houston Chronicle reports here that "Gov. Rick Perry fired back at Republican rival Carole Keeton Strayhorn today, insisting the comptroller's criticism of his school finance plan is flat wrong and that she's intent on 'blowing up' the special legislative session."

"Prosecutors contend Skilling violated bond in N.Y. episode": The Houston Chronicle reports here that "[f]ederal prosecutors say ex-Enron CEO Jeff Skilling violated his $5 million bond in New York City earlier this month by being severely intoxicated, trying to lift a woman's blouse looking for an FBI wiretap and attempting to steal a car license plate, according to a document filed in court today. Prosecutors want U.S. District Judge Sim Lake to consider further restrictions on Skilling as he awaits trial -- but don't say whether they want Skilling jailed or whether they will ask that some or all of his bond be forfeited."

"Cuellar responds to recount lawsuit. Candidate wants specific examples of fraud listed": The Austin American-Statesman reports here that "Congressional candidate Henry Cuellar on Tuesday asked a state court to force U.S. Rep. Ciro Rodriguez to list specific examples of how voting fraud might have occurred during election recounts in two South Texas counties. And if the seven-year incumbent doesn't promptly provide such details, Cuellar says, any claims of wrongdoing in Rodriguez's lawsuit over the results of the District 28 recount should be tossed out."

"Perry says he'd like to see voucher bill": The Austin American-Statesman reports here that "Republican Gov. Rick Perry, an advocate of using taxpayer money to send some children to private schools, said Wednesday he would like to see a school voucher bill emerge from the special legislative session."

"2 ex-execs, 1 trader indicted in Duke Energy case": The Houston Chronicle reports here that "[t]wo former vice presidents and a trader from a Houston subsidiary of Duke Energy have been indicted in what prosecutors say was a scheme to make trading looking profitable in order to secure bonuses for themselves."

"The Texas Court of Criminal Appeals on Wednesday overturned two death sentences, one for an inmate it says is mentally retarded and another for a man police said aided in the ambush killing of an officer.": The AP has this report.

"Sources say indictment coming in case related to Duke Energy": The Houston Chronicle has this report.

"SCI settles lawsuit for $65 million": The Houston Business Journal reports here that "Houston-based Service Corp. International, the world's largest funeral and cemetery company, on Tuesday said it agreed to pay $65 million to settle a securities class action lawsuit."

"Southwest chairman asked to lead labor talks": The Dallas Business Journal has this report.

"'Honey, I have to go to the strip club -- don't you want Junior to have a great education?'": My friends over at Per Curiam have a great post on Gov. Perry's proposal for school finance.

"Budget cuts are setting convicts free": The Christian Science Monitor has this report.

"NAFTA truck case goes to Supreme Court today. Government still trying to open border to Mexican haulers.": The San Antonio Express-News reports here that:

More than eight years after Mexican trucks were supposed to begin motoring across U.S. highways, the Supreme Court today takes up a controversial key provision of the North American Free Trade Agreement with special resonance for South Texas.

The high court will hear arguments between the federal government and a coalition of environmental and labor groups over whether the Bush administration adequately studied Mexican trucks' polluting potential before opening the border more than a year ago.

CCA Hand Down List: Here is today's hand down list from the Court of Criminal Appeals.

"Inmate deserves retrial": The Daily Texan reports here that "[d]eath row inmate Rodney Reed must be granted a retrial in light of new evidence, members of the Campaign to End the Death Penalty demanded Tuesday at a press conference and protest rally in front of the Court of Criminal Appeals."

Texas Court of Criminal Appeals: The Court will not hear oral arguments today.

Texas Supreme Court: The Court will hear oral arguments in one case today: No. 03-0878.

Here is the petition for review.

United States Supreme Court: The Court will hear oral argument in two cases today. The first case, United States v. Benitez, No. 03-167, presents the following question:

Whether, in order to show that a violation of Federal Rule of Criminal Procedure 11 constitutes reversible plain error, a defendant must demonstrate that he would not have pleaded guilty if the violation had not occurred.

The second case, Department of Transportation v. Public Citizen, No. 03-358, presents the following question:

Whether a presidential foreign-affairs action that is otherwise exempt from environmental-review requirements under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and Clean Air Act, 42 U.S.C. 7506(c)(1), became subject to those requirements because an executive agency promulgated administrative rules concerning implementation of the President's action.

"Justices appear skeptical of Bush stance on detainees. Split is on whether prisoners can petition courts": The Austin American-Statesman reports here that "[a]n apparently divided Supreme Court heard arguments Tuesday in the first major legal test of the Bush administration's powers in detaining enemies in the war on terrorism."

"High Court Hears Challenge to Guantanamo Detentions": Vanessa Blum of the Legal Times has this report.

"GOP Embraces Changes to Bush's OT Plan": "Republicans on Tuesday embraced election-year revisions to the nation's overtime pay rules, saying changes to an earlier Bush administration plan will take away extra pay from far fewer white-collar workers. But Democrats questioned those claims, pointing to a lengthy list of jobs that the regulations, released Tuesday, say are generally ineligible for overtime. The administration, said Sen. Tom Harkin of Iowa, 'simply is not trustworthy on the issue.'" The Austin American-Statesman has the rest of the story.

"Special session off to slow start. Most lawmakers sent home until next week; meanwhile, there's still no consensus.": The Austin American-Statesman has this report.

"'History repeated itself'": The Beaumont Enterprise reports here that "[t]he mother of suspected killer Kenneth Pierott believes the mental health system failed her son."

Today is San Jacinto Day, A State Holiday: In related news, the Houston Chronicle reports here that "A New Battle at San Jacinto. Attempts to return battle site to its former glory are being stalled by state lawmakers fighting a fiscal crisis."

"GOP, Dems appear to bridge remap rift as Senate convenes:" The Houston Chronicle has this report.

"DPS crime lab probe now behind closed doors": "A hearing into reported problems at Department of Public Safety crime laboratories across Texas ended abruptly Tuesday when the House General Investigating Committee decided to question several witnesses in private rather than have them testify in public." The Houston Chronicle has the rest of the story.

"Ruling will aid in pardon request for Sutton": The Houston Chronicle reports here that "[t]he recent court victory for Josiah Sutton, convicted of rape on faulty DNA evidence, also will help his long-stalled pardon request, state officials said Tuesday. Sutton, 22, was released from prison in March 2003 after new DNA tests discredited those used to convict him of a 1998 rape, but he has remained a convicted sex offender as his case works through the criminal justice system. Last week, a local judge recommended that the Texas Court of Criminal Appeals throw out the rape conviction, for which Sutton served more than four years in prison. On Tuesday, an official with the state Board of Pardons and Paroles said state District Judge Joan Huffman's ruling will allow the panel to weigh Sutton's clemency application, which has gone unconsidered for more than 10 months."

Public School Finance: The Houston Chronicle reports here: "$200 more per student? That's debatable. Governor, comptroller spar as session opens."

"From rich to the poor no more?": The Beaumont Enterprise has this report.

"Perry under fire for video-slots plan": The Fort Worth Star-Telegram has this report.

"State has poor record on education-finance reform": The Fort Worth Star-Telegram has this op-ed.

"Audits reveal DNA problems at DPS crime labs": The AP reports here that "[p]roblems with DNA testing at Texas Department of Public Safety crime labs have not falsely linked suspects to crimes, a DPS official told a legislative panel investigating reports of mistakes at the labs."

"Death Penalty Won't Defeat Terrorism, Says John Paul II": Catholic Online has this report.

"Senate and House convene for session. Groups quickly break up for committee work on school finance": The Austin American-Statesman has this report.

"People and groups who will influence the session": The Austin American-Statesman has this report.

"Lea Fastow judge won't revisit rejection of plea deal": The AP reports here that "[a] judge who rejected a plea deal this month for the wife of former Enron Corp. finance chief Andrew Fastow reiterated his stance Tuesday after her lawyers reasserted their position that the deal should be approved."

"TDI slaps $250,000 fine against Brown & Brown Insurance": The San Antonio Business Journal reports here that "[t]he Texas Department of Insurance (TDI) imposed a $250,000 fine against Houston-based Brown & Brown Insurance Services of Texas Inc."

"Austin man named to state ethics panel": The Austin Business Journal reports here that "Tom Harrison of Austin has been appointed to the Texas Ethics Commission by Gov. Rick Perry. The commission is responsible for administering and enforcing laws concerning political contributions and spending, political advertising, lobbyist activities, and the conduct of state officers and employees. Harrison is director of legal and governmental relations for the Texas County and District Retirement System. Harrison's commission term will expire in November 2007."

"Supreme Court Appears Split on Guantanamo Prisoners": Reuters reports here that:

The U.S. Supreme Court appeared deeply split on Tuesday on whether foreigners at an American naval base at Guantanamo Bay in Cuba can use U.S. courts to challenge their detentions, the first test of President Bush's policies in his war on terrorism.

Several justices stressed they were examining only whether U.S. courts have jurisdiction, not the merits of the claims by prisoners, who say they are innocent and have been held illegally in violation of their civil rights.

"The Suit Against Coors Brewing for a Drunk Driving Accident: Is There a Basis for It?":

FindLaw columnist and Brooklyn law professor Anthony Sebok discusses the prospects of a Nevada suit against beer manufacturer Coors Brewery by a mother whose son died in a drunk driving accident. Sebok explains why a suit against an alcohol manufacturer -- as opposed to a negligent server or seller -- has a slim chance of success. He also explains why it may be more difficult to peg a suit on beer advertising, than on tobacco advertising.

"Refunds from two auto insurers": "About 21-hundred Texas policyholders of two insurance companies will share in nearly $700,000 worth of refunds. Texas Attorney General Greg Abbott today announced the final settlement. Abbott says the matter involves drivers who paid more on their claims for auto repairs than their policies required." The AP has the rest of the story.

"Lawyer: Guantanamo Is a'Lawless Enclave'": Anne Gearan of the AP reports here that:

The United States has created a "lawless enclave" at a military base in Cuba where more than 600 men from 44 countries are being held without access to American courts, a lawyer for the men told the Supreme Court on Tuesday.

Attorney John Gibbons said "it's been plain for 215 years" that people in federal detention may file petitions in U.S. courts.

The prisoners in Guantanamo Bay, Cuba, were mostly picked up in the fighting that toppled the Taliban government in Afghanistan and Pakistan in the months following the Sept. 11 attacks. The government has labeled them "enemy combatants."

Their appeal, the first major challenge arising from the U.S. war on terror to reach the high court, asks a basic legal question: Can foreign-born prisoners picked up overseas and held outside U.S. borders use American courts to try win their freedom?

Chief Justice William H. Rehnquist noted that the detainees are not on American soil, and asked how a judge in Washington is to deal with a case from Cuba.

Gibbons said the men should have some way to get their complaints before a judge. The United States holds the only real control over the Guantanamo Base, and U.S. law governs what happens there, Gibbons replied.

"No other law applies there. Cuban law doesn't apply there," he said.

SCOTUSblog's Take on Monday's Opinion Release by the Supreme Court: Here is SCOTUSblog's reasoning for the Supreme Court releasing yesterday's opinion on Monday instead of today.

United States Supreme Court: The Court is hearing oral argument in two cases this morning:

Rasul v. Bush, No. 03-334, consolidated with Al Odah v. United States, No. 03-343:

Review of: Al Odah v. United States, 321 F.3d 1134 (D.C. Cir. 2003)
Question Presented: Whether United States courts lack jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at the Guantanamo Bay Naval Base, Cuba.

Intel Corporation v. Advanced Micro Devices, Inc., No. 02-572:

Questions Presented: 1. Whether Section 1782 of Title 28 of the United States Code authorizes a district court to order production of materials, for use in a foreign tribunal, when the foreign tribunal itself would not compel production of the materials; 2. Whether Section 1782 authorizes production of materials for presentation in an anti-competitive practice investigation by the Commission of European Communities, on the theory that the investigation will lead to "a proceeding in a foreign or international tribunal;" 3. Whether, for purposes of Section 1782, a party that files a complaint with the Commission of European Communities is an "interested person."

Texas Legislature: Both the House of Representatives and the Senate will convene at 10:00 AM today.

"Speaker's lawyer: Official didn't distribute campaign checks. Explanation about donations comes amid influence inquiry": The Austin American-Statesman reports here that "A lawyer for Speaker Tom Craddick said Monday that his client never personally delivered campaign checks to GOP House candidates on behalf of railroad lobbyists or the Texans for a Republican Majority Political Action Committee. Instead, criminal defense lawyer Roy Minton said, Craddick's campaign workers mailed the checks or sent them by overnight delivery to the Republican campaigns after Union Pacific and the GOP committee sent money to Craddick's Midland office."

"Ex-Corpus Christi lawyer quits TCEQ post": The Corpus Christi Caller-Times reports here that "[a] former Corpus Christi lawyer who went on to lead the Texas Commission on Environmental Quality stepped down from her position Monday as executive director of the agency, state officials said. Margaret Hoffman, who practiced commercial litigation in Corpus Christi in the 1980s, gave no reason for her resignation, a commission spokesman said. The TCEQ commissioners met Monday in executive session, and Chairman Kathleen Hartnett White then announced Hoffman's resignation."

"Death penalty case comes back for review": The Beaumont Enterprise reports here that:

A killer is coming to town today.

Elroy Chester, 33, pleaded guilty in 1998 to killing lauded Port Arthur firefighter Willie Ryman III, who was trying to stop Chester from raping his two nieces. A jury took 12 minutes to give him a death sentence.

Criminal District Judge Charles Carver will hear testimony and arguments today on whether Chester is mentally retarded and protected from lethal injection by a U.S. Supreme Court ruling that executing the mentally retarded violates a section of the U.S. Constitution prohibiting cruel and unusual punishment.

Chester's is the first of three Jefferson County death penalty cases getting new hearings due to claims of mental retardation.

Chester confessed to a seven-month crime spree in which he allegedly killed four other people, shot five and raped at least three, including a 10-year-old girl.

"GOP complaints claim false filings by Dems in 2002": The Houston Chronicle reports here that "[t]he Harris County Republican chairman filed complaints with the state ethics commission Monday claiming false campaign reports were filed in 2002 by the Texas Democratic Party and a committee controlled by former House Speaker Pete Laney, D-Hale Center."

"Comptroller blasts Perry's school plan. Says children will pay for it 'for the rest of their lives'": The Houston Chronicle has this report.

"School funding scheme blasted. Proposal won't yield deficit, governor says": The Corpus Christi Caller-Times has this report.

"School funding clash. Comptroller says Perry plan would create $10 billion deficit": The El Paso Times has this report.

"Strayhorn pokes holes in school finance plan": The Lubbock Avalanche-Journal has this report.

"Strayhorn raps Perry plan. Comptroller projects $10 billion shortfall.": The Austin American-Statesman has this report.

"Nurse's missteps throw guilt in child abuse cases into doubt": The Houston Chronicle reports here that "[f]aulty physical exams performed by a former nurse with the Children's Assessment Center may have resulted in the wrongful conviction of some defendants in child sex abuse cases, Harris County District Attorney Chuck Rosenthal said Monday. Rosenthal said a review of examinations performed by the nurse found potential problems in approximately 170 cases in which charges were filed. He could not say how many of the cases are still pending and could now be in jeopardy."

"House speaker won't endorse Perry's plan": The AP reports here that "Republican House Speaker Tom Craddick said that he won't advocate a specific plan for eliminating Robin Hood, including the governor's, but will let the legislative process run its course."

"Lawmakers back in Austin to address school finance": The AP reports here that "Gov. Rick Perry has called lawmakers back to the Capitol and offered them his plan for overhauling Texas school finance. Now, it's up to the Texas Legislature to decide the future of the state's troubled education funding system. At Perry's direction, a 30-day special legislative session begins Tuesday to replace the so-called Robin Hood plan, which depends on real estate taxes from property-wealthy districts to help pay for schools in poorer areas."

"Different jobs face legislators on Austin return": The Amarillo Globe-News has this report.

"County's state legislators brace for school finance session": The Waco Tribune-Herald has this report.

"Judge approves symphony's reorganization": The AP reports here that "[a] federal judge has allowed the San Antonio Symphony to emerge from bankruptcy reorganization."

"Governor pulls out of planned France trip": The Fort Worth Star-Telegram reports here that "Gov. Rick Perry, criticized for recent trips to the Bahamas and Italy, said Monday that he's shelving a plan to attend D-Day ceremonies in France this summer. Perry said that with a special session under way and the future of his school finance reform package uncertain, it just 'got too complicated. 'I didn't want to take a chance of sitting here on May 27th and we're down to some really detailed negotiations and looking over my shoulder and going, 'I've got to hurry up and get this done,'' he said."

"Panel suggests scrapping public-utility watchdog. Instead, the Public Utility Commission would get more oversight of the wholesale electric market.": The Fort Worth Star-Telegram reports here that "The Sunset Advisory Commission on Monday recommended abolishing the consumer watchdog Office of Public Utility Counsel and giving the Public Utility Commission greater oversight of the competitive wholesale electric market. The counsel's office and other consumer groups criticized the report, saying that eliminating the office would hurt electric customers."

"Street names can't mock opponents, planners say": The Fort Worth Star-Telegram reports here that "[d]eveloper Bill Gietema's subdivision site plan was approved Monday night by the Planning and Zoning Commission, but he won't get to name any of his streets in sarcastic tribute to his opponents. The commission said the proposed street names Keitha's Way, Keitha's Court and Herndon's Way -- 'honoring' Councilwoman Linda Herndon and Keitha Adams, president of a local political action group -- must be replaced with milder alternatives."

"Justices may overturn some death sentences": Gina Holland of the AP has this article on yesterday's oral argument at the United States Supreme Court.

"Perry plan at center of chorus of criticism": Today marks the beginning of the Special Session. Jay Root and John Moritz of the Fort Worth Star-Telegram have this look at the criticism towards Gov. Perry.

"Judge's report says state ignores troubled elderly": Ralph Blumenthal and Barbara Novovitch of the NEw York Times has this look at the situation in El Paso.

"Strayhorn: Perry plan creates $10 billion deficit": The AP reports here that "Gov. Rick Perry's school finance and property tax reduction plan would create a $10 billion deficit in the state budget over the next five years, Comptroller Carole Keeton Strayhorn said Monday."

"Next stop for Perry: France?": The AP reports here that "France may be the next stop for globe-trotting Gov. Rick Perry. The Republican governor traveled to Italy and the Bahamas this year for state business, and now he's now been invited to France to speak at June events commemorating the 1944 Allied invasion of Normandy. Perry spokeswoman Kathy Walt said whether the governor will go to France hasn't been decided."

"Court Won't Hear Texas Redistricting Case": The AP reports here that "[t]he Supreme Court refused Monday to consider if Texas Republicans went too far last year in their strategy to enact new GOP-friendly congressional boundaries."

Supreme Court Orders: This week's order list from the United States Supreme Court is available here.

"How well do leaders get along?": The San Antonio Express-News reports here on the relationship between Gov. Perry, Lt. Gov. Dewhurst, Speaker Craddick, and Comptroller Strayhorn.

"Secret group gets jump on special session": The San Antonio Express-News reports here that:

Legislators are not scheduled to convene on taxes and education until Tuesday, but a shifting group of about a dozen House members has huddled secretively for weeks on how to change the way Texas funds and manages schools — or at least how to launch a plan.

"Our spider hole has been discovered," one participant kidded after a reporter peeked in.

Rep. Kent Grusendorf, R-Arlington, who has led the gatherings of Republican leaders and a few Democrats in an office building near the Capitol, called the group "Kent's Kids Brigade."

He said, "A few of us are trying to get a head start" toward reaching common ground bolstering education while cutting school property taxes and dismantling the "Robin Hood" system, which requires property-rich schools to share with others.

Most participants already serve on the 29-member House Select Committee on Public School Finance, which likely will be entrusted with developing the first House draft of a funding plan.

And many also serve on the Joint Select Committee on Public School Finance, scheduled to hear Gov. Rick Perry and others today address Perry's finance proposal.

Grusendorf said he has avoided having more than 14 members in the room to keep the "brigade" from having a quorum of select committee members. If that happened, the meetings would have to be public and posted in advance to comply with open government laws.

Senate Notice of Public Hearing: The Subcommittee on Base Realignment and Closure will hold a public hearing at 1:00 PM today in San Antonio.

Joint Legislative Committee Notice of Public Hearing: The Public School Finance, Select committee will hold a public hearing today at 10:00 AM in the Capitol Extension Auditorium.

Today's Oral Arguments at the United States Supreme Court: The Court will hear arguments in two cases today:

Central Laborers' Pension Fund v. Heinz, No. 02-891:

Question Presented: Whether an amendment to a multiemployer pension plan that expands the types of post-retirement employment that trigger mandatory suspension of early retirement benefits violates ERISA's "anti-cutback" rule, 29 U.S.C. § 1054(g), when the amendment is applied to individuals who retired prior to adoption of the amendment.

Schriro v. Summerlin, No. 03-526:

Questions Presented: 1) Is the rule announced in Ring v. Arizona, 536 U.S. 584, that it is a violation of the 6th Amendment to have a judge, as opposed to a jury, impose a death sentence, substantive or procedural? 2) Does the rule announced in Ring apply retroactively to cases being reviewed according to Teague v. Lane's, 489 U.S. 288 (1989), exception for "watershed rules of criminal procedure that alter bedrock principles and seriously enhance accuracy of proceedings"?

"'Patriot' Games":

Although Congress has no immediate plans to grant early renewal to key parts of the controversial USA Patriot Act, cases reaching the U.S. Supreme Court this month could thrust lawmakers into yet another battle over executive power and the war on terrorism. Two of the cases deal with the president's power to designate American citizens as enemy combatants; the third involves aliens detained at the Guantanamo Bay naval base.

Marcia Coyle of the National Law Journal has this report.

"A New York Court Authorizes A Lesbian Couple's Joint Adoption of A Child: Part of a Growing Same-Sex Adoption Trend":

FindLaw columnist and Hofstra law professor Joanna Grossman tracks the growing trend among states to allow same-sex couples to adopt children, while at the same time noting a few states whose laws have evolved to reject such adoptions. Grossman explains the interrelated issues involving unmarried heterosexual couples and same sex couples, and focuses on an important recent New York decision.

"Concert is no case for court": The Beaumont Enterprise reports here that "[t]wo Jefferson County officials did not violate the Texas Open Meetings Act when they both met with others to urge a concert promoter not to cancel an August hip-hop concert, a special prosecutor said Friday. Guy James Gray, former district attorney for Jasper County, reviewed the situation as a special prosecutor and stated in a news conference that he found no evidence of criminal intent."

"Man declared incompetent to stand trial in slaying of landlord": The Waco Tribune-Herald reports here that "[a] West man with a long history of mental illness was declared incompetent to stand trial Friday in the October beating death of his landlord during a dispute over a $10 late rent fee."

"Edwards well-funded as opponent enters fray": The Waco Tribune-Herald reports here that "Democratic U.S. Rep. Chet Edwards enters the battle for the District 17 congressional seat with a campaign war chest about 16 times bigger than that of newly crowned Republican nominee Arlene Wohlgemuth."

"Border inspectors scan fingerprints": The El Paso Times has this report. The El Paso Times also reports here that "Despite technology, few laser visas to be checked."

"Public urged to report elderly abuse": The El Paso Tims has this report.

"Zero tolerance policies at schools cause concerns. Number of offenses that bring suspension, expulsion, tickets and even arrests has increased since Columbine shootings": The AP has this report.

"Court revives tribal royalty case. Whistle-blowers accuse energy companies of cheating Alabama-Coushatta": The Austin American-Statesman reports here that:

It has taken six years of legal skirmishing, but two whistle-blowers now have a chance to argue in court that oil and gas companies have cheated an East Texas Indian tribe out of millions of dollars in royalty payments.

The whistle-blowers -- Don Kennard, a former member of the Texas House and Senate, and Harrold Wright, an independent oil and gas investor in Tyler -- sued Comstock Resources Inc. and other companies in 1998 under the federal False Claims Act.

The case was transferred from Texas to Wyoming along with other oil and gas litigation, and a federal judge threw it out in 2002, noting that the tribe itself had sued the companies a day before the whistle-blowers did.

A three-judge panel of the 10th U.S. Circuit Court of Appeals, based in Denver, unanimously overturned the lower court earlier this month, ruling that the timing was irrelevant because Kennard and Wright were the original sources of the fraud allegation.

The appeals court sent the case back to the lower court for additional proceedings.

"House panel to study problems at DPS labs": The Houston Chronicle reports here that "[t]he Texas House General Investigating Committee will hold its first public hearing Tuesday in Austin into allegations of problems at DNA laboratories operated by the Department of Public Safety."

"Help for crime victims reaches higher degree. Sam Houston only school with advocacy major": The Houston Chronicle has this report.

"Immigrants' voting rights becoming a major issue": The Houston Chronicle reports here that:

It's pretty basic: You have to be a citizen of this country to vote, right? Not necessarily.
A movement is growing in New York City to grant the vote in local elections to legal immigrants. And the debate is growing loud enough to become a major issue in the city's next mayoral election.

The right to vote in a presidential election is not on the wish list: New York proponents say immigrants just want a voice on local issues ranging from sewer improvements to public school construction for everyone who pays local taxes.

A similar movement is percolating on the West Coast. Immigrant groups in San Francisco are researching how they could change state and local law to allow non-citizen parents to vote in local school board elections.

There is nothing in the U.S. Constitution that bans non-citizen voting. Those decisions are made by the states, and some allow it.

"Under proposal, tribes might reopen casinos": The Fort Worth Star-Telegram reports here that:

As lawmakers weigh the pros and cons of legalizing video gambling at horse and dog racetracks to help fund Texas schools, two American Indian tribes watch to see whether passage of the legislation might put them back in business.

Casinos run by the Tiguas in El Paso and the Alabama-Coushattas in Livingston were shut down in 2002 after a long legal battle. U.S. Sen. John Cornyn, who was Texas attorney general at the time, fought to get the casinos closed, saying that state law prohibited casino gambling. A federal court agreed.

A special legislative session set to begin Tuesday will address new funding methods for public schools. One of the proposals calls for allowing video gambling at racetracks, with the state collecting taxes on the receipts. Republican Gov. Rick Perry wants to abolish the share-the-wealth, or Robin Hood, school funding system because it relies heavily on property taxes.

If the video gaming measure passes, it would probably reopen the doors of the tribal casinos.

"Lawsuit alleges property grab": The Fort Worth Star-Telegram has this article about the legal malpractice lawsuit filed against State Rep. Phil King.

Public School Finance and the Special Session: The Fort Worth Star-Telegram reports here that "Officials: Finance should be focus." The Fort Worth Star-Telegram also reports here that "Carroll group prepares strategy in advance of legislative session." The Houston Chronicle reports here that "Anti-tax pledges get tougher. School funding session will test GOP legislators' stand."

"Panel says ex-justice of peace can't hold office": The AP reports here that "Thurman Bartie, a former Jefferson County justice of the peace accused of threatening inmates, will not be allowed to hold any judicial office, a panel of judges decided Friday. The judges acted on a recommendation from the State Commission on Judicial Conduct. The commission made the recommendation Dec. 4, also recommending that Bartie be removed from office. Bartie resigned Dec. 19. The panel agreed Friday with the removal."

"Democrats unite to defend House seats": The Fort Worth Star-Telegram reports here that:

Five Texas Democrats targeted for employment extinction by House Majority Leader Tom DeLay, R-Sugar Land, are banding together in a high-stakes mission to keep their jobs.

The five -- U.S. Reps. Martin Frost of Arlington, Charles Stenholm of Abilene, Chet Edwards of Waco, Max Sandlin of Marshall and Nick Lampson of Beaumont -- are embarking on a series of joint fund-raisers beginning Monday in New York.

The Democratic Party has made saving the targeted Texans a top priority nationwide and is helping in every way it can. Party leaders even successfully pushed millions for pet projects to the five Texans in the transportation bill being hammered out in Congress.

To keep themselves competitive in districts redrawn by Republicans to favor GOP candidates, the targeted Democrats are focusing heavily on raising money for their campaigns. According to the latest filings with the Federal Election Commission, as of March 31, Frost has $1.18 million cash on hand; Edwards has more than $800,000; Stenholm has nearly $600,000; Sandlin has about $375,000 ; and Lampson has $490,000.

"Nationwide DNA system helping solve crimes in Texas": The Fort Worth Star-Telegram reports here that "[a] nationwide DNA database is helping Texas authorities solve more crimes, resolving a record 121 cases -- including 16 murders -- in 2003, officials said."

"Better for families, lawyers": The Fort Worth Star-Telegram reports here: "Though more expensive than planned, the Family Law Center will be a major improvement over existing facilities, many say."

"Rice suspect had violent past, legal system failed": The Houston Chronicle has this report.

"New Braunfels leaders try to ban beer bongs on rivers": "Beer drinkers along a couple of Central Texas rivers want to use funnels to down their brew more quickly, but municipal leaders say they've reached their limit. City Council members have agreed to draft an ordinance banning the drinking devices known as beer bongs on the Comal and Guadalupe rivers." The Houston Chronicle has the rest of the story.

"Probe into elderly abuse by state agency": The AP has this report.

"Critics urge reforms for Texas' insanity laws": The AP has this report.

"'Sin tax' plan has religious leaders worried. Some are upset with Perry's proposal to allow video gaming to help finance schools": The AP reports here that "Suzii Paynter has no problem with 'sin taxes,' whether it's an extra $1 a pack for cigarettes or a $5 state admission fee for adult entertainment, both among Gov. Rick Perry's proposals for funding Texas schools. But Paynter and some other Texas religious leaders are upset about one aspect of Perry's plan: his call for video lottery terminals at state racetracks and Indian casinos."

"Hurdles abound for school finance": The Fort Worth Star-Telegram has this report.

"Perry tackles big challenge. School finance session offers opportunities, risks": The Austin American-Statesman reports here that:

Recent history, written by Gov. Rick Perry's two predecessors, informs us that governors who get ousted and governors who go on to be president have had the same success in dealing with school finance: little to none.

It is against that track record that Perry goes to work this week on the topic that could determine his place in state history.

If lawmakers convening in special session Tuesday reach consensus on any plan, especially if it is Perry's, the governor could take a giant step toward winning a 2006 re-election contest. Assuming that he wins and completes the four-year term, Perry would become the longest serving governor in Texas history.

But if Perry's plan is rejected by lawmakers -- as Gov. Ann Richards' was by voters and Gov. George W. Bush's was by legislators -- Perry's political future could get substantially cloudier.

"Dallas County jail system fails state inspection": The Fort Worth Star-Telegram reports here that "[a]fter two decades of passing grades, Dallas County's jail system has flunked its state inspection. Officials with the Texas Commission on Jail Standards found eight problem areas, including a shortage of jail staff, overcrowding in the intake processing area and a failure to follow a jail classification plan."

"Legal or not, be picky if picking bluebonnets": "One of Texas' oldest legends has been shot down, and I'm not talking about the box-office power of an Alamo movie. All my life, I've thought it illegal to pick Texas bluebonnets. Turns out it's OK to pick a few on the roadside. But only a few. That is, unless you're in a state park. In a park, yanking one blue bloom of Texas' state flower is worth a ticket and a fine of up to $500." The Fort Worth Star-Telegram has the rest of the story.

"Fired battalion chief awarded $395,000": The Fort Worth Star-Telegram reports here that "Kim Lubke, an Arlington Fire Department battalion chief who was fired after he stayed home to take care of his sick wife during the Y2K weekend, says he feels vindicated by a jury's verdict that awarded him $395,000. After a trial that lasted more than a week, jurors deliberated for six hours Thursday before deciding that the city violated the federal Family and Medical Leave Act by firing Lubke in April 2000. The verdict could expose the city to payments of more than $1 million. U.S. District Judge Terry Means of Fort Worth still has to decide how much the city should pay Lubke in attorneys fees, court costs and compensation for future loss of earnings. Means will also have to determine whether Lubke is entitled to additional damages."

"Strayhorn takes more shots at Perry. Comptroller uses dismissal letter to zing governor": The Austin American-Statesman reports here that "[i]n her own colorful way, in her own semi-legible handwriting, Comptroller Carole Keeton Strayhorn has told her former campaign treasurer -- and the public -- what she thinks of Gov. Rick Perry." Here is a PDF of Strayhorn's letter.

"FLOGGING THE BLOGGER. Howard Bashman Finds His Site Is Very Appealing to Parodist": Jason Krause of the ABA Journal eReport has this article.

"Blogs: Here to stay - with changes": The Christian Science Monitor ran this article yesterday.

"Texas’ Cornyn Leads Assault Against Same-Sex Marriage": Steven Morris of the Texas Triangle has this report.

Interstate Contracting Corp. v. City of Dallas, ___ S.W.3d ___ (Tex. 2004):

1. Does Texas recognize pass-through claims, i.e., may a contractor assert a claim against an owner on a subcontractor’s behalf when there is no privity of contract between the subcontractor and the owner?

If the first question is answered in the negative, then the remaining question need not be reached. However, if the first question is answered in the affirmative, the following question must be reached:

2. What are the requirements, if any, that need to be satisfied for a contractor to assert a claim on behalf of its subcontractor when there is no privity of contract between the subcontractor and the owner, and who holds the appropriate burden of proof?

The Court stated:

These are difficult issues of first impression for this Court. Privity of contract, as a necessary predicate to suit on a contract, has a long and settled history in this State. The parties here contest the extent to which the privity requirement may be maintained in a jurisdiction that recognizes passthrough claims. We believe that contractual privity and pass-through claims are compatible. We also conclude that, although the arguments against pass-through claims are certainly not without merit, they are not sufficiently compelling to dissuade us from joining the majority of state and federal jurisdictions that have considered the issue.

We hold that Texas recognizes pass-through claims. Consequently, if the contractor is liable to the subcontractor for damages sustained by the subcontractor, pursuant to a pass-through agreement the contractor can bring an action against the owner for the subcontractor’s damages. If the owner contests the contractor’s pass-through suit on grounds that the contractor is not liable to the subcontractor for the claimed damages, the owner bears the burden of proof.

Texas Supreme Court: The Texas Supreme Court has released this week's orders. The Court published one opinion, Interstate Contracting Corp. v. City of Dallas, ___ S.W.3d ___ (Tex. 2004), in which it answered the questions certified by the Fifth Circuit. The Court did not grant any petitions for review.

"Commissioners issue edict against topless swimmers": The AP has this report.

Oral Argument at the United States Supreme Court: Tuesday, April 20th, the United States Supreme Court will hear oral arguments in Rasual and . The SCOTUSblog has this look at the two cases (includes links to the briefs and the opinion below).

Beltran v. City of El Paso, et al., ___ F.3d ___ (5th Cir. 2004):

This case arises from a father’s murder of his wife and fifteen-year old daughter. The girl’s grandmother filed this damage action against the City of El Paso and the 911 operator who allegedly mishandled the victim’s initial emergency call. The district court perfunctorily denied the 911 operator’s motion for summary judgment on qualified immunity grounds, and the 911 operator now appeals. Because the appellee failed to state a violation of clearly established equal protection or due process rights against the 911 operator, we reverse and remand for entry of judgment in her favor.

Kinney v. Weaver, ___ F.3d ___ (5th Cir. 2004):

Plaintiffs-Appellees Dean Kinney and David Hall brought suit against seven law enforcement officials, the seven cities or counties that employ these officials, and the East Texas Police Chiefs Association, asserting four claims: (1) a 42 U.S.C. § 1985(2) claim alleging conspiracy against Kinney and Hall because of their testimony in judicial proceedings, (2) a 42 U.S.C. § 1983 claim alleging violations of their rights to freedom of speech under the First Amendment, (3) a § 1983 claim alleging violations of their Fourteenth Amendment rights to due process of law, and (4) a state law claim alleging tortious interference with business relations. The law enforcement officials now bring an interlocutory appeal of the district court’s order denying their motion for summary judgment, in which they asserted qualified immunity against the federal claims and state official immunity against the tort claim. A panel of this court affirmed in part and reversed in part. Kinney v. Weaver, 301 F.3d 253 (5th Cir. 2002), vacated and reh’g en banc granted, 338 F.3d 432 (5th Cir. 2003). On rehearing en banc, we now AFFIRM the district court’s order denying the officials’ claim of immunity from the § 1985 claim, the § 1983 First Amendment claim, and the state law claim; given material factual disputes, these claims cannot be disposed of on summary judgment. We REVERSE the district court’s order denying immunity from the plaintiffs’ § 1983 due process claim.

"Work nearly grinds to halt as immigrant-raid rumors circulate": The Houston Chronicle reports here that "[m]ost days, teams of Latino immigrant workers swarm over the townhouses under construction near Gulfgate, filling the air with the buzz of power tools and orders shouted in Spanish. But the site was nearly silent Thursday. Instead of dozens of workers, there was just a handful, mostly Anglo contractors. Like dozens of work sites across greater Houston, construction at the Gulfgate site was nearly brought to a standstill because the immigrant workers had fled, likely after hearing rumors of government immigration raids."

"Retired judge gets recount lawsuit": The Laredo Morning-Times reports here that "[a] retired state judge was chosen Thursday to preside over U.S. Rep. Ciro Rodriguez's lawsuit alleging vote fraud in two South Texas counties after a recount showed he lost the Democratic primary election to Henry Cuellar. Joseph H. Hart, a senior litigator in the high-powered Austin firm Akin Gump Strauss Hauer & Feld, was assigned the case by state Judge David Peeples of San Antonio, presiding judge in the Fourth Judicial Administrative Region. 'I picked the person that I thought was the best person for the job,' Peeples said. Hart served for 17 years as the judge in the 126th District Court in Travis County, according to his biography on the Akin Gump Web site. He was appointed in 1982 by then-Gov. William Clements. Hart's practice centers on arbitration, mediation and other forms of alternative dispute resolution, the Web site states. As a judge, he helped create an alternative dispute resolution system for the Travis County court system."

"U.S. boosts fees for immigrants": The El Paso Times reports here that "[t]he Bush administration announced Thursday that it is raising fees for immigrants who apply for U.S. citizenship, legal residency and other immigration benefits, starting April 30. Immigrants will be required to pay $320 to apply for citizenship -- a $60 increase. Residency, or green card, application fees will rise to $315. Work permits will cost $175. The increase is the fifth since 1989, when immigrants paid $60 to apply for a green card or citizenship."

"100 sex predators arrested, AG says": "More than 100 child sex predators, including three from El Paso, have been arrested since the Fugitive and Cyber Crimes units were created less than a year ago, Texas Attorney General Greg Abbott said Thursday during a visit to El Paso." The El Paso Times has the rest of the story.

"State begins investigation of El Paso APS office": The El Paso Times reports here that "[t]op state Health and Human Services Commission officials were in El Paso Thursday to begin executing Gov. Perry's order to investigate and reform Adult Protective Services in El Paso and throughout the state."

Public School Finance: The Austin American-Statesman reports here that "[j]ust days away from the start of a special session, lawmakers on Thursday began to file bills to be considered by the Legislature as they look to overhaul the way Texas pays for public education."

Be careful of what you ask for: The Austin American-Statesman reports Lawyers here that "[a] judge was unsympathetic Thursday to defense lawyers for executives from Merrill Lynch & Co. and Enron Corp. who sought to delay their trial on charges of pushing through a sham sale of Nigerian barges. U.S. District Judge Ewing Werlein decided instead to move the trial up a week, changing the date for three former Merrill executives and two from Enron to June 7 instead of June 14."

"Grand jurors start third year of work": The Austin American-Statesman reports here that "[g]rand jurors reviewing more evidence in the collapse of energy giant Enron Corp. have begun their third year of work, including a continuing investigation into former chairman Ken Lay and others."

"Judges: No relief for dogs at U.S. courthouse. Federal order warns against letting pets do their business on the grass": The Austin American-Statesman reports here that:

The two federal judges aren't talking about it, but their order has been signed, sealed and delivered, apparently to at least one of the culprits.

An order, that is, warning downtown Austin pet owners: Don't mess with the federal courthouse lawn.

The order the judges signed Wednesday was delivered Thursday to managers of the Brown Building condomini- ums, 701 Colorado St. It promises a "citation, fine and/or arrest" for anyone allowing "their pets to relieve themselves on the grass and grounds of the United States Courthouse" across the street.

"Strayhorn replaces campaign treasurer": The Fort Worth Star-Telegram reports here: "In another sign of tension within the Republican ranks, Comptroller Carole Keeton Strayhorn replaced a veteran campaign adviser who expressed concern about her attacks on Gov. Rick Perry, officials confirmed Thursday. George Strake, a respected Republican elder statesman and former Texas secretary of state, had served as Strayhorn's campaign treasurer since the late 1980s, officials said. But as Strayhorn intensified her attacks on Perry's record on health and education issues in recent weeks, Strake said he grew increasingly uneasy and told the comptroller about his misgivings."

"Elder-neglect cases in El Paso spur probe": The AP has this report.

Tubing this summer on the Comal River?: If so, you may not see any beer bongs. The Fort Worth Star-Telegram reports here that "Beer bong ban could spoil party."

"Former inmates get help adjusting": The Fort Worth Star-Telegram reports here on an "adult mentoring program to help former convicts stay out of prison."

"Brewer pushes for death date": The Beaumont Enterprise reports here that "[o]ne of the men convicted in the dragging death of James Byrd Jr. wants his execution date set. Lawrence Russell Brewer has written to District 1-A Judge Monte D. Lawlis, making the request. Lawlis was the trial judge in Brewer's case, which was heard in Bryan."

"PUC delays decision on phone rates": The AP reports here that "[t]he state Public Utility Commission said Thursday it needs more time to set the wholesale rates that SBC Communications can charge its competitors for access to its local telephone service networks. Competing telephone companies lease network space from SBC at a rate set by the commission when local phone networks were opened to competition in 1996. SBC has argued that the rate should be increased, while competing companies have said it should be lowered. The commissioners decided to postpone their decision as federal court rulings continued to cast doubt on states' authority to set the rates. A federal appeals court announced Wednesday it would delay by 45 days an order throwing out the Federal Communication Commission's decision to empower the states to set the rates. The FCC and the D.C. Circuit Court of Appeals have both encouraged former Bell companies, including SBC, to negotiate private commercial agreements with competitors. SBC has already made such an agreement with Sage Telecom. An AT&T spokesman said Texas wholesale rates are 50 percent higher than those in Michigan and California and should be lowered. SBC has argued that rates should be raised to enable the company to maintain the telecommunications infrastructure."

Around the State: The AP reports here that the "EPA orders Texas and 30 other states to try again on smog controls." The Houston Chronicle reports here about "Movie money on governor's tax return." The Fort Worth Star-Telegram reports here that "Hooters' appeal of beer-license denial rejected." The San Antonio Express-News reports here that "Moms tell of pressure to surrender babies."

"Federal officials investigating inmate complaints": The AP reports here that "Federal authorities say they are investigating allegations that workers at a detention center have mistreated inmates."

"Judicial Conference Group Backs Citing of Unpublished Opinions": Tony Mauro of the Legal Times has this report.

"The Danger of the Drafters' Intent: Section 5 of the Fourteenth Amendment and the Need to Limit Congressional Power":

FindLaw guest columnist and second-year Boalt Hall law student Will Trachman discusses an important case the Supreme Court will decide this Term, Tennessee v. Lane. The case addresses the breadth Congress's power to enforce the Fourteenth Amendment's guarantees. Trachman argues that although the Amendment's drafters may have meant to grant Congress a broad enforcement power, judicial limits on that power, such as those the Court has imposed in the past, still may be necessary.

"Postwar Constitution-Building: Comparing America's Situation with Iraq's Yields a Dismal Picture of Iraq's Likely Future":

FindLaw columnist, attorney, and author Edward Lazarus offers a provocative comparison to illuminate what will probably happen in Iraq after order is, hopefully, restored. Lazarus compares and contrasts the conditions in America after the Revolutionary War, when the Constitution was being drafted, and in postwar Iraq, which must draw up a new Constitution for its new government. Lazarus notes how close America's own Constitution came to breaking, with our Civil War, and expresses a pessimistic view as to whether Iraq's Constitution will successfully bridge the country's own strains and divisions.

"Beer permit fight back in court": The Fort Worth Star-Telegram reports here that "[a] Fort Worth attorney representing a southwest Arlington Hooters restaurant said Wednesday that a county judge's denial of the business' beer application was not based on substantial evidence. The restaurant's application to sell beer has been in limbo since it opened in 2001. It has been serving free beer since March 17, after its second beer permit application was denied by county Judge Vincent Sprinkle. A hearing seeking reversal of Sprinkle's denial of the business' permit is scheduled in the 96th District Court before Judge Jeff Walker at 9:45 a.m. today."

"City ordinance would ban drinking devices on Central Texas rivers": The AP reports The Bryan-College Station Eagle >here that "[w]hen beer drinkers along a couple of Central Texas rivers want to use funnels to down their brew more quickly, municipal leaders say they've reached their limit. City Council members have agreed to draft an ordinance banning the drinking devices known as beer bongs on the Comal and Guadalupe rivers."

"Wohlgemuth wins GOP spot on House ballot": The Waco Tribune-Herald reports here: "[a]fter a hard-fought primary and runoff election, Republican congressional candidate Arlene Wohlgemuth won her party's nomination Tuesday and a shot at unseating U.S. Rep. Chet Edwards, D-Waco. Wohlgemuth, a state representative from Burleson, won 54 percent of the total runoff vote while opponent Dot Snyder, of Waco, gained 46 percent. The two had been campaigning feverishly across newly formed, 180-mile-long District 17, only approved last October. On Tuesday night, Wohlgemuth turned her focus on Edwards, a Democrat who has won seven straight elections in a Republican-leaning district. She said the congressman's record does not accurately reflect the values of most voters in District 17."

"Governor, wife release federal tax return": The Austin American-Statesman has this report.

"Review of APS cases by state under way": The El Paso Times reports here that "[a] team of state investigators began sifting through a mountain of Adult Protective Services cases Wednesday in El Paso after the governor ordered a review of the agency. The review came after local Probate Judge Max Higgs sent Gov. Rick Perry's office several case studies demonstrating what Higgs saw as failures within the El Paso office, as well shortcomings within the state agency's policies and management structure. Problems Higgs cited included elderly El Pasoans being left in filthy and unsafe homes, where in some cases they were bitten by rodents, despite being clients of the agency"

"Students remember friend, mentor in federal judge": The Brownsville Herald has this report.

"Rites for Filemon Vela today, Friday": The Corpus Christi Caller-Times reports here that:

Funeral services will be 9 a.m. Friday in Brownsville for Senior U.S. District Judge Filemon Vela, who died Tuesday at 68.

Visitation will be 7-9 a.m. today and Friday at the Brownsville Events Center, with a rosary after today's viewing. The funeral also will be at the Events Center.

The family has asked for donations to the school named after the judge. The Vela Middle School Scholarship Fund is accepting donations. The fund's address is 4905 Paredes Line Road, Brownsville, Texas 78520.

"Orange County Court-at-Law gets first judge": The Beaumont Enterprise reports here that "Troy Johnson, Orange County assistant district attorney, will take a new side of the bench as the first judge to preside over the newly-created Orange County Court-at-Law No. 2."

"GOP winner, loser to keep campaigning. McCaul to help other candidates": The Houston Chronicle reports here that:

After a grueling and expensive Republican runoff that likely decided who will represent the newly drawn 10th Congressional District, both candidates plan to keep campaigning.

Winner Michael McCaul, who faces no Democratic opposition on the November general election ballot, said he will return to the campaign trail this fall to help other Republicans win congressional seats in Texas.

Ben Streusand, who lost to McCaul in Tuesday's runoff, said he is contemplating a future political run and is telling his supporters that they can anticipate his campaigning for another office.

"Craddick criticized for shutting down House ethics panel": "Declaring its work complete, House Speaker Tom Craddick has disbanded the House Select Committee on Ethics, a move questioned and criticized by Democrats and a campaign finance watchdog group who noted Craddick's election as speaker is under scrutiny by a Travis County grand jury." The Houston Chronicle has the rest of the story.

"Congressman files lawsuit challenging primary recount": The AP reports here that "U.S. Rep. Ciro Rodriguez on Wednesday filed his much-anticipated lawsuit challenging the Democratic primary recount in District 28, saying there is no reasonable way to explain how more than 400 new votes appeared in two South Texas counties. The lawsuit asks the court to declare Rodriguez the winner of the primary over Henry Cuellar or to order a new election in the district, which runs in the Interstate 35 corridor from San Marcos to Laredo."

"Ciro files his much anticipated lawsuit": The Laredo Morning Times has this report.

"EPA ruling to settle standoff over North Texas ozone woes": The Houston Chronicle has this report.

"Perry sure of school plan. But key Democrat says it `fails our children'": The Houston Chronicle has this report.

"Jury rules in abortion lawsuit. Doctor found negligent, but plaintiffs awarded no money": The Houston Chronicle reports here that "[a] jury Wednesday awarded no money to a woman and her father who sued an osteopath for performing an abortion while she was a minor without notifying the parent. Ninety percent of the blame was assigned to the woman for using a fake identification indicating she was not a minor, the panel decided. But the jury also found the doctor negligent, allowing both sides to claim victory in the first-of-its-kind lawsuit that could help determine how extensively physicians should verify the identification of women seeking abortions."

No more topless sunbathing in Brazoria County: The Houston Chronicle reports here that "[l]ocal officials love to see plenty of sunbathers enjoying themselves at Surfside or other Brazoria County beaches, but they just don't want to see certain parts of them. Brazoria County Commissioners Court voted this week to outlaw nudity by either sex or women going topless at any public place, street, sidewalk, alley, beach or other public thoroughfare in the county. 'Women need to put their tops on,' said Brazoria County District Attorney Jeri Yenne. The ordinance was adopted Tuesday after county leaders got numerous complaints about women sunbathing topless at the beaches."

"Governor sending team to El Paso, launching statewide probe": The Corpus Christi Caller-Times reports here that "Gov. Rick Perry is sending investigators to this West Texas city to look into reports of elder neglect and will sign an executive order Wednesday calling for systemwide reform of Adult Protective Services, according to a published report. The action comes less than a week after El Paso Probate Judge Max Higgs presented the Republican with case histories documenting neglect of elderly El Pasoans said to be living amid ceiling-high garbage and covered with sores and fecal matter."

"Judge Filemon Vela loses battle with stomach cancer": The Brownsville Herald reports here that "Senior U.S. District Judge Filemon B. Vela, one of Brownsville's most notable figures, died Tuesday at a Harlingen hospital. He was 68. Vela died at 12:33 p.m. in the emergency room at Valley Baptist Medical Center, said hospital spokesman Mike Swartz. The judge had been on an airplane Tuesday en route from Houston, where he had been undergoing treatment for stomach cancer at M.D. Anderson Cancer Center, said his son Filemon Vela Jr." My condolences to the family and friends of Judge Vela.

The Corpus Christi Caller-Times offers this look at the life of Judge Vela.

"Counties group to pay $560,000 in Tulia lawsuit": The Amarillo Globe-News reports here that "[d]etails about the preliminary settlement of the Tulia lawsuit continued to leak out this week, including the confirmation Tuesday that the Texas Association of Counties will pick up more than half of the remaining $1 million payment on behalf of 17 member counties. Officials from Collingsworth and Ochiltree Counties also announced Tuesday that their insurers will be paying $50,000 apiece to settle their portion of the federal suit rising out of the controversial 1999 Tulia drug sting. Several county judges said authorizing the insurance payments was distasteful, but necessary, given the prospect of fighting a lengthy court battle."

Here is an image of the Tulia settlement amounts released to date by County.

"Loeffler Jonas & Tuggey adds two new staff to D.C. office": The San Antonio Business Journal reports here that the "San Antonio law firm Loeffler Jonas & Tuggey has hired two new individuals specializing in legislation and regulatory policy to join the firm's government affairs practice in Washington, D.C."

"Republic of Texas 'deputy' found guilty of impersonating officer": The Lubbock Avalanche-Journal has this article which begins: "[t]he defendant claimed he was kidnapped by Lubbock police. Prosecutors say Kim Wade Gatewood was arrested for passing himself off as a peace officer by wearing a Republic of Texas sheriff's badge outside of a local motel. It took six minutes Thursday for a jury to decide the prosecution was right. It took jurors seven more to sentence Gatewood, 37, to 180 days probation and a $750 fine. Gatewood, who acted as his own attorney, has filed a notice of appeal."

Texas Court of Criminal Appeals: The CCA will not hear oral arguments today and no cases are set for submission to the Court.

Texas Supreme Court: The Texas Supreme Court will hear oral arguments in two cases today:

State Farm Mutual Automobile Insurance Co. & Gramm v. Lopez et al., No. 01-0540

Brown v. De La Cruz, No. 03-0703

"Walls loses race after disclosure of photos": The Fort Worth Star-Telegram reports here that "[i]n a bizarre election marked by his opponent's past fondness for women's clothes, Burleson's Rob Orr convincingly captured the Republican nomination Tuesday for District 58 representative in the Legislature. Orr, who repeatedly denied leaking photographs that showed opponent Sam Walls dressed as a woman and that surfaced less than two weeks ago, won the runoff with 60 percent of the vote to Walls' 40 percent. Walls, the apparent front-runner after finishing first in the March 9 primary, said he is certain the cross-dressing revelations influenced the outcome of the election."

"PUC proposes rules for new electricity market": "Electric customers could face higher deposits and swifter disconnection for nonpayment under revised consumer protection rules being considered by the Public Utility Commission." The Houston Chronicle has the rest of the story.

"Retardation claim delays execution": The AP reports here that "[a] former roofer convicted of killing a Lubbock woman won a reprieve Tuesday, just hours before his scheduled execution, after a federal court ruled to delay it on claims he is mentally retarded. Michael Rosales, 30, had faced lethal injection for the fatal stabbing and beating of 67-year-old Mary Felder at her Lubbock apartment during a burglary almost seven years ago. But the 5th U.S. Circuit Court of Appeals in New Orleans ruled to delay his execution based on claims by his lawyers that Rosales is mentally retarded. The case will be sent back to a federal district court in Lubbock, where his defense attorneys will file a petition asking that the issue of his mental retardation be investigated further."

"Judge temporarily halts new work rules for Medicaid. Rules expand definition of work to include child immunizations, avoiding alcohol abuse": The Austin American-Statesman reports here that "[a] federal judge has ordered a state agency to stop enforcing a recently approved rule that cuts off Medicaid benefits to people who don't follow rules such as avoiding illegal drugs and keeping their children in school. U.S. District Judge Sam Sparks of Austin issued a temporary injunction Monday, ordering the state not to cut off residents from Medicaid until a challenge can be heard. Sparks ruled that the Legislature overstepped federal law when it imposed the tougher rules for low-income Texans. The Texas Workforce Commission approved the rules unanimously in October, seeking to change the behavior of adults who receive both Medicaid and federal cash assistance, known as Temporary Assistance for Needy Families."

"GOP committee agrees to pay fine in campaign investigation. Critic says federal inquiry is similar to allegations in Texas elections": The Austin American-Statesman reports here that "[t]he National Republican Congressional Committee has agreed to pay a $280,000 fine for improperly using corporate money to pay for radio spots criticizing Democrats in the 2000 congressional elections. According to the Federal Election Commission, the Republican committee transferred $500,000, its largest donation to an outside group, to two organizations headed by political allies of U.S. House Majority Tom DeLay. One of those was Jim Ellis, a central figure in a Texas grand jury investigation of similar allegations about the misuse of corporate money in the 2002 state legislative elections. Although the federal investigation is unrelated to the Travis County grand jury investigation of another DeLay-Ellis organization, Texans for a Republican Majority, it offers a glimpse into DeLay's political network."

"Governor calls school session for Tuesday. Multiple sessions are possible, Perry says": The Austin American-Statesman has this report.

"Special session set for April 20. Consensus still elusive on paying for education": The Houston Chronicle has this report.

"Comptroller urges Perry to add insurance funding": The Houston Chronicle has this report.

"Perry calls school finance session": The Fort Worth Star-Telegram has this report.

"Texas Dems oust two more House incumbents": The Austin American-Statesman reports here that "[t]he 2004 primary season may become known as the Democratic Party purge in the state House. Democrats on Tuesday rejected two more House incumbents, capping a primary season in which party loyalists showed their displeasure with members who cozied up to the state Republicans who hold majority power in the Legislature. Democrats ousted seven-term Rep. Roberto Gutierrez of McAllen and first-termer Gabi Canales of Alice in the primary runoff, sending both to resounding defeats. Neither managed to win even 30 percent of the vote in their races."

"McCaul wins big in expensive 10th District race": The Austin American-Statesman reports here that "[t]he Texas GOP's endorsements paid bigger dividends for Michael McCaul than the huge checks written by fellow Republican opponent Ben Streusand that helped make the 10th District runoff one of the most expensive congressional races in the nation. McCaul had former President George Bush headline a fund-raiser, won the backing of Sens. John Cornyn and Kay Bailey Hutchison and Gov. Rick Perry and parlayed the party leadership support into a convincing victory Tuesday night over Streusand, who spent about $3 million of his own money and lost."

"McCaul wins Dist. 10 seat over Streusand": The Houston Chronicle has this report.

"Carrillo wins GOP primary in Railroad Commission race": The Austin American-Statesman reports here that "[b]ig-spending incumbent Victor Carrillo defeated low-profile challenger Robert Butler on Tuesday in the Republican race for railroad commissioner, the only statewide primary runoff on the ballot."

"Court spares condemned Lubbock killer": The Lubbock Avalanche-Journal reports here that "[t]he U.S. 5th Circuit Court of Appeals in New Orleans granted a stay of execution this afternoon to a condemned Lubbock killer just hours before his sentence was to be carried out."

"Settlement reached in opera dispute": The AP reports here that "[a] lawsuit alleging a late donor's $5 million gift to the Metropolitan Opera of New York should have instead gone to a West Texas charitable foundation has been settled out of court. The deal between the Metropolitan Opera Association Inc., the Amarillo Area Foundation and Sybil B. Harrington's estate came last week after court-ordered mediation, attorneys for both sides confirmed Tuesday."

"U.S., Mexican presidents discuss world court ruling": The AP reports here that "U.S. President George W. Bush called Mexico's president early Tuesday to discuss the recent International Court of Justice ruling that the United States violated the rights of more than 50 Mexicans on death row, including three in Texas. The seven-minute conversation, part of the two leaders' mutual promise to stay in close contact, also included discussions about an upcoming U.N. vote on human rights in Cuba, and reforms to the North American Development Bank."

Here is a previous post on the decision.

"Texas court rejects appeal for Rosales. Lubbock inmate's execution set for tonight": The Lubbock Avalanche-Journal reports here that "[t]he Texas Court of Criminal Appeals dismissed an appeal Monday seeking to halt the scheduled execution of a condemned murderer this evening. Michael Rosales, 30, faces lethal injection for the death of a 67-year-old woman during a burglary in Lubbock almost seven years ago. Rosales' lawyers contend in their appeal he is mentally retarded. The U.S. Supreme Court has ruled mentally retarded people may not be executed."

"Texas Wesleyan law school set to expand": The Fort Worth Star-Telegram reports here that "Texas Wesleyan University [School of Law], which as recently as 2002 was involved in talks about selling its law school, is to announce a $6 million expansion today, solidifying its presence in downtown Fort Worth. University President Harold Jeffcoat said Wesleyan has received gifts totaling $2.1 million from three philanthropic foundations, a prominent lawyer, and faculty and staff."

"The FCC Tries To Silence Howard Stern: Can the Radio Shock Jock Sue?":

FindLaw columnist, attorney, and author Julie Hilden discusses the plight of radio shock jock Howard Stern from a legal perspective. Could Stern, who's losing airplay due to FCC pressure, bring a suit against the government based on the federal statute that allows suits to be brought for damages, based on violations of constitutional rights? Hilden explains why such a suit -- though worthy -- would be difficult under a number of current legal doctrines.

"Fake ID card at center of abortion clinic suit": The Houston Chronicle reports here that "Cherise Mosley Hughes wept Monday as she told jurors that she used a fake ID to get an abortion while she was a minor because she didn't want to break the heart of her father, a Pentecostal minister. Hughes, now 21, and her father, Fredrick Mosley, are suing Aaron Family Planning Clinic of southwest Houston and Dr. Douglas A. Karpen for accepting the fake identification card and performing the abortion in August 2000 without notifying Mosley. The doctor and clinic are accused of violating Texas' 1999 parental notification law requiring that minors' parents be notified 48 hours before an abortion."

"Gov. Rick Perry calls special session": The AP reports here that "Gov. Rick Perry on Tuesday called a long-anticipated special legislative session on school finance, ordering lawmakers to return to work April 20."

"Perry orders special session to pay for Texas' schools": The Houston Chronicle has this report.

"Crime victim fund threatened. Future uncertain after money diverted to other programs": The Houston Chronicle reports here that "[t]he state budget took another hit Monday with a warning that the fund from which crime victims are compensated for medical bills and other losses is in jeopardy because the Legislature tapped into it for other needs last year. The Crime Victims Compensation Fund could be insolvent within three years because legislators transferred $114 million from it to other programs, Attorney General Greg Abbott said. The transfer was part of a delicate budget-balancing act necessary to comply with orders from Gov. Rick Perry and legislative leaders to bridge a $10 billion revenue shortfall without raising state taxes." Yesterday's post on the OAG's press release is available here.

Election Day: The Houston Chronicle reports: "Congressional, railroad races in runoffs today."

"DA calls off investigation of Dallas county sheriff": The Austin American-Statesman reports here that:

District Attorney Bill Hill has ended a special prosecutor's corruption investigation of Dallas County Sheriff Jim Bowles.

Hill initially requested the probe, which he said in a statement Monday has "exhausted much greater time and resources than anticipated."

The decision effectively cancels the assignment of special prosecutor Chris Milner, whose work over five months led to indictments against five officials, including Bowles. All of those indictments were later dismissed by a supervising prosecutor or quashed by a state district judge.

Hill said in the statement that the FBI has assured him that it is conducting its own investigation into Bowles' relationship with a vendor who holds the county jail's commissary contract.

"Mistrial declared in bus crash case": The AP reports here that "[t]he parents of a teenager whose back was broken and skin badly singed in a fatal bus crash two years ago were preparing for a trial against two transportation companies when tragedy struck again. Charles and Ruth Foster's younger daughter, 13-year-old Rebecca Foster, was killed Sunday night as she traveled with a friend's family to her home in Fairview."

"Appeals seek halt to scheduled Tuesday lethal injection": The AP reports here that "[l]awyers for condemned inmate Michael Rosales hoped his execution set for Tuesday night would be halted by an appeal that contends the convicted murderer is mentally retarded, making him legally ineligible to be put to death. Rosales, 30, faced lethal injection for the fatal stabbing and beating of 67-year-old Mary Felder at her Lubbock apartment during a burglary almost seven years ago. The former roofer from Kit Carson County, Colo., was on probation for a drug conviction and had been staying with friends at an apartment next door. He would be the ninth Texas inmate put to death this year."

"Trial to begin in alleged border baby-selling ring": The Austin American-Statesman reports here that "[t]he first case against a woman accused of smuggling pregnant women over the Mexican border in an alleged border baby-selling ring was set to begin with jury selection Tuesday. Maria Dolores Bondoc, 54, has been indicted on three state counts of sale and purchase of a child, two counts of unlawful transport and three counts of giving pregnant women a dangerous drug to induce labor. There will be separate trials for each of at least three alleged victims. Assistant District Attorney Roberto Balli said Monday that jury selection could conclude by Tuesday morning and the trial could begin Tuesday afternoon."

Lutheran Abuse Trial: The AP reports: "Opening statements set in Lutheran abuse trial."

"Judge sentences Canadian citizen to prison term": The Austin American-Statesman reports here that "[a] Pakistani national and Canadian citizen has received more than five years in prison from a federal judge for carrying 32 razor blades in his carry-on luggage to Dallas-Fort Worth International Airport. U.S. District Judge Terry Means on Monday sentenced Fazal Karim to 63 months in prison and ordered that he be turned over to immigration authorities for deportation after completing his sentence. Means also ordered Karim to pay a $20,000 fine. Transportation Security Administration screeners on March 5, 2003 found 32 double-edged razor blades in Karim's carry-on luggage, concealed in a box containing a coiled belt."

"Judge says rape conviction should be tossed out": The AP reports here that "[a] man freed from prison more than a year ago has won another court victory in his attempt to clear himself after a rape conviction, but a state district judge rejected his claim of prosecutorial misconduct. Josiah Sutton, 22, spent 4 1/2 years in custody before new DNA tests excluded him as a suspect, discrediting original tests performed by the Houston police crime lab. The state Court of Criminal Appeals should throw out his conviction, State District Judge Joan Huffman of Houston ruled Monday. The case is headed to the appeals court next."

Public School Finance: The AP reports: "Twelve districts would benefit most under Perry's plan." The Houston Chronicle reports: "Perry expected to announce special session on school finance."

"Attorney General Abbott Joins With Advocates To Protect Crime Victims Compensation Fund. Fund to be Insolvent by 2007 if Changes Aren't Made, Abbott says": "Texas Attorney General Greg Abbott today issued an urgent call to protect the Crime Victims Compensation Fund, warning that continued spending at current levels could render the fund insolvent by 2007. Abbott was joined by leading crime victims advocates in calling for safeguarding the Fund." The OAG has this press release.

"Judge approves Lutheran abuse settlement": The Houston Chronicle reports here that "[a] judge approved a settlement today involving most defendants in a sexual abuse lawsuit filed by 14 alleged victims against the Evangelical Lutheran Church in America and related church agencies. However, Harrison County District Judge Bonnie Leggat sealed the settlement details and financial terms pending the outcome of a civil trial that starts Tuesday against the remaining defendant, the denomination's Northern Texas-Northern Louisiana Synod."

"Audits of businesses down, individuals up": The AP has this report.

"Defendants plead guilty in immigrant smuggling case": The AP reports here that "[a] man and a woman pleaded guilty Monday to participating in a smuggling attempt that left 19 illegal immigrants dead last year in South Texas. As part of a plea agreement, Abelardo Flores, 34, and Fatima Holloway, 29, agreed to cooperate with officials and provide "substantial assistance in the prosecution of other individuals" connected to the case, said Assistant U.S. Attorney Daniel Rodriguez."

"Texas sales tax revenue climbs 17.2 percent": The Houston Business Journal reports here that "[t]he [S]tate of Texas received $1.18 billion in sales tax revenue last month, a 17.2 percent jump compared with March 2003. Reports from State Comptroller Carole Keeton Strayhorn's office indicate that 'Project: Pay Up,' a tax amnesty period from March 1-31, helped boost sales tax revenue. During the period, businesses owing delinquent taxes had an opportunity to pay their tax debt without facing penalties and interest."

"El Paso to sell stake in Australian pipelines": The Houston Business Journal reports here that "Houston-based El Paso Corp. has agreed to sell its one-third-percent interest in a portion of its Australian pipeline holdings to Hastings Funds Management. The assets include 1,180 miles of pipelines in South Australia, Queensland and Western Australia. El Paso expects to receive approximately $48 million for its share in the equity of these assets. The transaction is expected to close in the second quarter of 2004. This sale supports the energy company's recently announced long-range plan to reduce debt, net of cash, to approximately $15 billion by year-end 2005. To date, El Paso has announced or closed approximately $3 billion of the $3.3 billion to $3.9 billion of asset sales targeted under the plan."

"Texas Mutual receives $17,000 in fraud case": The Austin Business Journal reports here that "Austin-based Texas Mutual Insurance Co. will receive $17,000 in restitution from Gun Barrel City-based Doze Construction Co. Inc. after the business' owners pleaded guilty to charges related to workers' compensation fraud. Travis County District Court Judge Julie Kocurek ordered the company to pay the restitution, plus a $100 fine to the state, according to Travis County Assistant Attorney Elizabeth Andrus, who prosecuted the case. By illegally transferring employee payroll into an uninsured second company, the Dozes created what is known as a 'shadow company.' Doze Construction received much lower premium rates by reporting only a fraction of its true payroll, according to Texas Mutual."

"Settlement hearing planned in Lutheran abuse case": The AP reports here that "[a]ttorneys prepared to meet with an East Texas judge to review a proposed settlement involving most defendants in a sexual abuse lawsuit against the Evangelical Lutheran Church in America and related agencies. None of the involved parties would reveal details of the settlement or how much the plaintiffs might be paid, pending approval of the deal by Harrison County District Judge Bonnie Leggat, who was to consider the plan Monday."

Notice of Public Hearing: The Texas Senate Finance Committee will hold a public hearing today at 1:00 PM in Capitol Extension E1.036. "The Committee will hear invited testimony on the Committee's interim charge relating to the Review of Fees at State Regulatory Agencies."

"Unpublished Opinions: Inedible Sausage or Crazy Uncle?": Tony Mauro of the Legal Tims reports here that:

Federal judges are usually a reticent bunch outside the four corners of their courtrooms and their rulings.

But at a Tuesday hearing in Washington, D.C., testimony will reveal a judiciary that is passionately and publicly up in arms over an obscure proposal that critics say would drastically change how judges do their jobs and increase litigation costs for clients.

The proposed rule, known as Rule 32.1 of the Federal Rules of Appellate Procedure, would forbid all appeals courts from placing restrictions on the citation of so-called unpublished opinions.

Unpublished opinions -- labeled as such because they are not included in the official volumes of published rulings -- are the usually brief and unpolished decisions that federal appeals courts use to dispose of 80 percent or more of all cases.

"13th court to review Moff case": The Corpus Christi Caller-Times reports here that "[f]ormer Nueces County Chief Appraiser George Moff scored a minor victory in his effort to have his conviction overturned. The Texas Court of Criminal Appeals in Austin has sent his case back to the 13th Court of Appeals in Corpus Christi to determine the adequacy of some of the evidence used to convict him."

"Court reverses $50K fine for Henry. Attorney lauds opinion on appeal of sanctions": The Corpus Christi Caller-Times reports here that "[t]he 13th Court of Appeals has reversed a district court judge's decision to fine Corpus Christi lawyer Thomas J. Henry $50,000 for filing a frivolous lawsuit."

"Patrol car cameras becoming standard tool": The Fort Worth Star-Telegram reports here that "[p]atrol car cameras have helped agencies investigate complaints against officers by giving administrators videotape they can quickly review. They also provide evidence to help answer accusations of racial profiling by patrol officers."

"Perry privately pushing tax plan": The Houston Chronicle has this article which begins: "[t]he educational system getting so much attention from Texas officials may be public, but privacy has been a key feature of Gov. Rick Perry's efforts to hammer out school funding changes. From the Bahamas to Houston, the governor has held a series of closed-door meetings with selected members of a key constituency -- the business community -- in pursuit of consensus."

Easter Weekend: The Texas Law Blog will not be updated until Monday, April 12.

"Travis County secures grant to aid indigent cases": The Austin Business Journal reports here that "Travis County has received a $152,000 grant from the Texas Task Force on Indigent Defense to fund a computer system to help defense attorneys easily access information about their indigent clients' cases."

"Antitrust trial set in Clear Channel case": The AP reports here that "[a] federal antitrust lawsuit accusing media giant Clear Channel Communications Inc. of 'monopolistic and predatory practices' is set to go to trial Aug. 2 in Denver."

Court of Criminal Appeals: Here is the hand down list for this week from the Court of Criminal Appeals.

"Attorney General Abbott Objects To Excessive Fees Requested In Bankrupt Charity's Case. Texas, four other states question fees to be paid by National Benevolent Association": The Office of the Attorney General has this press release.

The Laws of Other States, As Seen by Blawgs: The Illinois Trial Practice Weblog reports here on state-specific legal coverage. Thus far, I have links to seven state-specific law blogs. If you know of one that I have not linked, please email it to me.

"Is 'Ghost' Voting Acceptable? A Pennsylvania Legislator Allegedly Casts a Remote Vote, And Raises the Question Whether the Problem Is Remote Voting or Archaic Voting Technology":

FindLaw columnist and Cardozo law professor Marci Hamilton calls for an end to an American tradition that she argues undermines, rather than further, the Framers' values: The requirement that legislators, state and federal, be present in order to vote. Hamilton considers the "ghost" voting controversy in Pennsylvania and questions whether the real problem was that legislators were not allowed to "vote remote" in the first place. If anything, she argues, legislators should be required to present for hearings -- not votes.

"Appeal filed to halt execution of Lubbock murderer. Attorneys try to halt Tuesday date with death": The Lubbock Avalanche-Journal reports here that "[a]ttorneys for a condemned Lubbock killer filed an appeal Wednesday seeking to halt his execution. Michael Rosales, 30, is scheduled to die just after 6 p.m. Tuesday for the June 4, 1997, stabbing death of Mary Felder during a burglary of her North Overton apartment."

The Office of the Attorney General has this media advisory.

"Opening arguments to begin in bus crash suit trial": The Fort Worth Star-Telegram reports here that "[o]pening arguments are set to begin today in the trial of a lawsuit against two bus companies involved in a June 2002 wreck near Terrell that killed and injured youths from a Garland church. After three days of jury selection, seven women and five men were chosen Wednesday. Two alternate jurors are expected to be chosen this morning before opening arguments begin at 1:30 p.m. The lawsuit stems from a crash that occurred when a Discovery Tours of Texas bus taking a youth group from Metro Church in Garland to a Louisiana church camp slammed into a concrete bridge support on Interstate 20. Four youths and bus driver Ernest Carter were killed, and about three dozen were injured. Investigators later blamed the accident on Carter, who they said had cocaine in his body and was fatigued at the time of the crash."

"Friends, supporters back Walls": The Fort Worth Star-Telegram reports here that:

In the heart of the Texas Bible belt, where a woman is being prosecuted for selling sex toys, a man with a cross-dressing past might seem like more fodder for a sermon full of fire and brimstone.

But folks in Johnson County -- staunch conservatives at that -- don't seem to be rushing to criticize Sam Walls, who has acknowledged dressing up like a woman but has declined to say much else about it.

Days before he faces voters in a hotly contested Republican runoff for a state House seat, Walls continued to shoo away the media, but his friends and supporters rushed to his defense, highlighting a lifetime of philanthropy and brushing off the controversy as irrelevant.

"Denton County Jail fails state test": The Fort Worth Star-Telegram reports here that "[t]he Denton County Jail was not recertified by the Texas Commission on Jail Standards last month because of overcrowding that forced some inmates in the 900-bed facility to sleep on the floor, Sheriff Weldon Lucas said Wednesday. After a review on March 10-11, the commission gave the county 30 days to comply with state standards, he said."

"State says City Council can't meet": The Fort Worth Star-Telegram reports here that "[a]n opinion from the state attorney general's office confirms Haltom City's position that five City Council members removed from office in a February recall election had to step down immediately rather than wait for their successors to be chosen. The opinion, issued Tuesday, states that the Haltom City council cannot meet until at least three of the five vacancies are filled in the May 15 election. The council must have a quorum of at least five members to take action, according to the city charter." Here is yesterday's post.

"Man picks jail over sex offender list": The Fort Worth Star-Telegram reports here that:

For more than a decade, even as prison-cell doors clanged around him, John Michael Harvey's story has never changed: He did not molest a 3-year-old girl.

When a judge concluded last month that the Bedford man had been wrongfully convicted of the crime, it looked like Harvey could finally go free, at least on bail.

But Harvey, 38, is so adamant about his innocence that he is refusing early release because he would be forced to register, even temporarily, as a sex offender.

"I came into jail innocent and that is the way I want to leave," Harvey said in a recent interview at the Tarrant County Jail. "I don't want to leave a convicted child molester. ... My name was clean when I came in, and I want it clean when I leave."

"Teachers group opposes special session": The Beaumont Enterprise reports here that "[t]he state's largest teacher union altered its stance recently, moving to oppose the planned special session on school finance unless it involves new money for schools. The Association of Texas Professional Educators, which represents more than 100,000 teachers, offered a statement last week saying it could no longer support a special legislative session that does not focus on funding."

"Perry school aid plan may include `sin' taxes": The Houston Chronicle reports here that "Gov. Rick Perry today will reveal his plan to fund public education that may include a new tax on adult entertainment clubs. Perry will travel to a high school in downtown San Antonio to speak about his solution to school finance. On Wednesday, he refused to say when he might call lawmakers into a special session to craft a new education finance system, telling reporters to 'stay tuned.'"

"Legislators leery of Perry plan": The El Paso Times has this report.

"Lea Fastow withdraws plea agreement; judge sets trial for June": The AP reports here that "[t]he wife of former Enron Corp. finance chief Andrew Fastow withdrew a plea agreement Wednesday after a federal judge balked at a sentencing deal that would have sent her to prison for five months and confined her at home for another five months."

Texas Court of Criminal Appeals: The CCA has a new and improved website.

Attorney General's Opinion: Today, the OAG released its opinion in GA-0175 regarding the "[c]onsequences for a municipality if five of its seven council members are removed at a recall election." The OAG's summary provides:

Members of a city council who have been removed from office in a recall election do not hold over until their successors are duly qualified. Only two seats on the Haltom City municipal council are currently occupied. Because the municipal charter of Haltom City defines a quorum as requiring the presence of at least five members of its council, the municipal council of Haltom City cannot convene a quorum until at least three of its five vacancies are filled by special election in May 2004.

Texas Supreme Court: Two cases are set for submission to the Texas Supreme Court today: County of Bexar v. Santikos, No. 03-0471 and Dillard v. Texas Electric Cooperative, No. 03-0655.

"U.S. Supreme Court Denies Hearing Over Peanut Butter Dispute": The AP reports here that:

The U.S. Supreme Court on Monday refused to hear a lawsuit filed by a Virginia woman who says the makers of Skippy peanut butter stole the name from her father's Depression-era comic strip. Despite this setback and nasty comments from e-mailers who hope she drowns in a giant vat of peanut butter, Joan Crosby Tibbetts said she will continue her battle against the multinational conglomerate Unilever.

"Under the Penalty of Perjury: Condoleezza Rice, the 9/11 Commission, and The Difference An Oath Makes":

What was at the heart of the debate over whether Condoleezza Rice would give under-oath testimony to Congress? FindLaw columnist and Rutgers law professor Sherry Colb discusses the different categories in which we might put everyday lies, and illuminates why we think certain lies are justified, while others are not. Colb also discusses the difference it may make -- from a legal and ethical perspective -- when a lie is told under oath.

"Murder Suspect Plucks Out Own Eye in Jail": The Austin American-Statesman reports here that "[a] jailed man accused of killing and cutting out the hearts of his son, estranged wife and her daughter plucked out his own eye and then quoted from the Bible, officials said Tuesday. Andre L. Thomas was in a county jail cell Friday night when he tore his eye out of its socket with his hands, said Grayson County Sheriff Keith Gary. Thomas, 21, then quoted the verse Mark 9:47: 'And if your eye causes you to sin, pluck it out. It is better for you to enter the kingdom of God with one eye than to have two eyes and be thrown into hell.' Thomas was taken to a hospital and the eyeball was put on ice, but it could not be reattached. He is now being held in restraints at the jail, the sheriff said."

"Insanity plea laws in Texas defy all sense": The Fort Worth Star-Telegram has this op-ed.

"Suit launched at 'no-fly list'": The San Antonio Express--News has this report on the suit filed by the ACLU.

"Address changes eyed in District 28": "Revealing a possible legal strategy, the attorney for U.S. Rep. Ciro Rodriguez raised questions Tuesday about nearly 2,000 voter address changes received by Webb County officials leading up to the March 9 primary. Austin-based attorney Buck Wood, who's preparing a lawsuit to overturn Henry Cuellar's controversial victory over Rodriguez, said the information must be investigated to determine if there was an orchestrated effort to get voters to change their addresses to vote in the congressional race. Wood said he's concerned some voters may have registered new addresses within the district without actually moving, although he said there's no direct evidence of that yet. " The San Antonio Express-News has the rest of the story.

"Incumbent likens recount to vote fraud that aided LBJ": The AP reports here that "U.S. Rep. Ciro Rodriguez uses a stable full of buzzwords when he talks about this year's Democratic primary in District 28 -- 'abuse,' 'irregularities,' 'wrongdoing,' 'integrity of the vote.' And on Tuesday he ratcheted up his rhetoric by producing a chart that directly compared last week's ballot recount to the so-called 'Box 13' skullduggery in South Texas that some claim stole the 1948 U.S. Senate election for Lyndon B. Johnson."

"Perry, businesses spar over tax plan. Governor defends school finance changes": The Houston Chronicle has this report.

"Cross-dressing heats up Texas Republican race": Reuters reports here that "[w]hat started as a dull runoff race to field a Republican candidate for a seat in the Texas House of Representatives has heated up due to a controversy over cross-dressing. The Fort Worth Star-Telegram reported Tuesday photographs of candidate Sam Walls dressed in women's clothes have circulated among political leaders in Johnson County, south of Fort Worth. Local Republican leaders confirmed separately that they had seen the photographs of Walls in a wig, dress and high heels."

"Suspect nabbed in Victoria deaths. Brownsville man wanted in tractor-trailer case found in Mexico": The Houston Chronicle has this report.

Oral Arguments: The Texas Court of Criminal Appeals will hear oral arguments in two capital murder cases tomorrow.

"Mom who stoned kids committed to Vernon hospital": The AP reports here that "[a] mother acquitted by reason of insanity in the bludgeoning deaths of her sons was committed today to a maximum-security state mental hospital in Vernon. In a hearing attended by Deanna Laney's husband and other family members, a state district judge ordered Laney be transferred from the Smith County Jail to the hospital 170 miles northwest of Dallas."

"ACLU to Sue Government Over 'No-Fly' List": The AP reports here that "American Civil Liberties Union's officials declined to comment in advance of their planned announcement Tuesday that they would file a class-action lawsuit challenging the list of travelers that the government has barred from flying because they're considered a threat. The civil rights group is representing seven plaintiffs. Airlines are instructed to stop anyone on the 'no fly' list that is compiled by the Transportation Security Administration. The ACLU contends, though, that some people are wrongfully put on the list."

"Jordan Sentences 8 to Death for U.S. Diplomat Murder": Reuters reports here that "Jordan's state security court sentenced eight Islamic militants to death Tuesday for their role in killing a U.S. diplomat in an assassination blamed on followers of Osama bin Laden's al Qaeda. Libyan Salem Saad bin Sweid and Jordanian Yasser Friehat, who were accused of shooting diplomat Laurence Foley on the doorstep of his home in October 2002, were among those given the death sentence. Chief Judge Fawaz al-Baqour also handed down death sentences on six fugitives in absentia."

"SEC formally opens Nortel probe": The Dallas Business Journal reports here that "[t]he U.S. Securities and Exchange Commission has issued a formal order of investigation in connection with Nortel Networks' previous restatement of its financial results and the company's announcement in March that further restatements might be necessary. Nortel said that it will cooperate fully with the investigation. The restatements already have been the subject of an informal SEC inquiry. The Nortel Networks Audit Committee also has undertaken an independent review of the matter. Nortel, which employs several thousand people in the Richardson telecom corridor north of Dallas, in March placed its chief financial officer and controller on paid leaves of absence until the audit committee completes its review of the company's finances. The fallout from the restatements also have resulted in a number of class action lawsuits being filed against the company."

"Parents plead guilty in toddler's hot car death": The AP has this story.