Today's Texas Rule of Appellate Procedure: Rule 16: Disqualification or Recusal of Appellate Judges.

"Bonilla's name forged on letter to Powell": The San Antonio Express-News reports here that:

A group of congressional Republicans, including Rep. Henry Bonilla of San Antonio, asked Tuesday for an investigation into a letter to Secretary of State Colin Powell that included their forged signatures.

The letter, which was published in Russian newspapers, implicates former Russian Prime Minister Sergey Kiriyenko in the disappearance of a $4.8 billion loan from the International Monetary Fund.

Bonilla and four other Republican congressmen learned their names were on the letter when staffers fielded dozens of phone calls from Russian reporters.

"Judge OKs settlement in Clara Harris lawsuit": The Houston Chronicle reports here that "[t]he 5-year-old twin sons of Clara Harris, serving a 20-year sentence for running down her cheating husband, will receive payments until they reach age 55 under terms of a settlement approved Tuesday."

"Supreme Court to hear death row case again": The Houston Chronicle reports here that:

The U.S. Supreme Court this week accepted an appeal for the second time in as many years from a Texas death row inmate who says Dallas prosecutors wrongly excluded blacks from the jury in his 1986 trial.

The decision came after a federal appeals court twice in two years refused the appeal of Thomas Miller-El, despite evidence that Dallas County prosecutors had removed 10 of 11 black potential jurors.

Texas House: No meetings are scheduled today at the Texas House.

Texas Senate: No meetings are scheduled today at the Texas Senate.

"Courts delay two Texas executions": The Houston Chronicle reports here that:

A Houston federal judge delayed the execution of an inmate who was scheduled to die today, citing evidence that lethal injection causes intense agony.

The order by U.S. District Judge Vanessa Gilmore made David Ray Harris the second condemned prisoner to get a reprieve on Tuesday.

Mauro Barraza, who was set to die Tuesday evening, received a stay from the U.S. Supreme Court because the court plans later this year to review the issue of executing convicts who were younger than 18 when they committed their crimes.

In the Harris case, Gilmore issued a temporary restraining order blocking today's execution in response to his lawyers' arguments that the drugs used for lethal injection cause excruciating pain in violation of the constitutional prohibition of cruel and unusual punishment.

"To the Summers Go the Spoils":

Summer associates: Do you have what it takes to claw your way to the top of the legal profession? Heck, just to get through the summer, you'll need to sharpen skills like photocopying and restaurant selection. You'll have to be ready for long, luxurious lunches on a daily basis. You might even be called upon to handle a golf match, a cocktail party and an office scavenger hunt -- all in the same week! The Disassociate has your number.

The Disassociate of The National Law Journal has this report.

"3rd Circuit: Retroactive Application of Immigration Law Limited. Breaking ranks, 3rd Circuit extends 'St. Cyr' to aliens convicted at trial": Shannon P. Duffy of The Legal Intelligencer reports here that "[r]ejecting the views of six other federal appeals courts, the 3rd U.S. Circuit Court of Appeals has ruled that a new immigration law that calls for automatic deportation of certain convicted felons cannot be applied retroactively if the alien was relying on the old version of the law when he rejected a misdemeanor plea agreement and opted to stand trial."

"U.S. Supreme Court Blocks Internet Porn Law":

For the second time in two years, the Supreme Court on Tuesday rejected Congress' bid to restrict minors' access to adult material on the Internet. The justices returned the case to a district court for scrutiny of less restrictive alternatives to the Child Online Protection Act, which makes it a crime for commercial Web sites to put adult material where minors can see it. In the meantime, the Court ruled that an injunction halting COPA's enforcement should stay in effect.

Tony Mauro of the Legal Times has this report.

"The Dismissed Juror in the Peterson Case: Why He Should Have Been Kept on the Jury":

FindLaw columnist, attorney and author Julie Hilden discusses a recent development in the high-profile California murder prosecution of Scott Peterson. Recently, the judge in the Peterson case decided to dismiss juror Justin Falconer, apparently on the ground that he had become a "distraction" due to media focus on a comment Falconer had made to a relative of the victim, Laci Peterson. Hilden argues that since the comment was found to have been relatively innocuous, the dismissal -- if it was based on media attention -- was an error.

"'Under God' After All: The Pledge of Allegiance Is Constitutional As Is":

FindLaw guest columnist and attorney Jared Leland defends the Pledge of Allegiance's inclusion of the phrase "under God," which has been challenged as an Establishment Clause violation -- although, in a recent decision relating to the issue, the Supreme Court did not resolve the challenge. Leland argues that not only does the Pledge not violate the Constitution, it honors traditions of which the Founding Fathers approved, and properly recognizes that our institutions presuppose a Supreme Being.

"Texas Death Row Inmate Gets Reprieve": The Associated Press has this report.

"No Retirements As Supreme Court Ends Term": The Associated Press reports here that:

The Supreme Court wrapped up its nine-month term on Tuesday - on time - with praise for the administration's retiring solicitor general and no retirement announcements of its own.

The court traditionally ends its term before July 1, and the justices managed to do that despite dealing with major issues late in the year, including President Bush's war on terror.

In past years, justices who planned to retire announced their intentions at the close of a term. A retirement had been considered unlikely this year, however. All but one of the justices is past 60. The oldest, Justice John Paul Stevens, is 84. Chief Justice William H. Rehnquist turns 80 this fall.

"High Court Upholds Block of Web Porn Law": "The Supreme Court ruled Tuesday that a law meant to punish pornographers who peddle dirty pictures to Web-surfing kids is probably an unconstitutional muzzle on free speech." The Associated Press has the rest of the story.

"High Court Ruling Boosts Internet Filters": "The Supreme Court is embracing Internet filtering software - already popular in schools and libraries - as an effective alternative to a U.S. law to ban online material that might be harmful to children." The Associated Press has the rest of the story.

"Judge OKs Settlement of Microsoft Suit": The Associated Press reports here that "[a] Massachusetts judge has given preliminary approval to a proposed $34 million settlement of a class-action lawsuit accusing Microsoft Corp. of violating the state's antitrust laws."

"Supreme Court Rejects Human Rights Suit": Gina Holland of the Associated Press reports here that "[t]he Supreme Court ruled Tuesday that foreigners cannot use an obscure U.S. law to sue in America over alleged human rights abuses, throwing out damages won by a doctor kidnapped in Mexico and brought to the United States to face trial in the death of federal drug agent."

"Inmate set to die Tuesday for slaying at 17 wins reprieve": The Associated Press reports here that:

A convicted killer sent to death row for a murder committed when he was 17 won a U.S. Supreme Court reprieve about four hours before he could have been executed Tuesday evening.

Lawyers for condemned prisoner Mauro Barraza had argued the lethal injection should be delayed because the high court plans later this year to review the issue of executing teenage killers.

In a death penalty case scheduled for Wednesday, a federal judge in Houston issued a temporary restraining order that blocks Texas prison officials from using a combination of three drugs in lethal injections. State authorities were appealing the order.

Barraza, 32, already had been moved from the Polunsky Unit of the Texas Department of Criminal Justice outside Livingston, home of death row, to the Huntsville Unit, about 45 miles to the west, where lethal injections are carried out.

"Man, that's good news," Barraza, 32, who grew up in San Antonio and Fort Worth, said when informed of the reprieve by a warden. "I was hopeful. We already knew they'd given other people stays."

Prison officials said he would be returned to death row.

"U.S.-Mexico agree to plan for sending illegal immigrants home": The Associated Press reports here that "Mexico has agreed to take part in a program beginning July 12 that will provide free flights home for illegal Mexican immigrants arrested in the Arizona desert, U.S. officials said Tuesday."

"Hearne judge fired": The Bryan-College Station Eagle reports here that "Hearne Municipal Judge Fredrick Webber was fired by the City Council on Monday night, just days after he was rebuked by a state judicial commission for offering to swing votes in exchange for money during a 2002 election."

"Court upholds objections to law regulating Internet porn. The 5-to-4 decision is a victory for free-speech advocates and a setback for those seeking to protect kids.": The Christian Science Monitor has this report.

"Ruling makes it harder for foreigners to sue in US courts. Court overturns a ruling for a Mexican doctor, saying a 1789 law does not grant automatically right to sue.": The Christian Science Monitor has this report.

"Supreme Court: Online porn law is probably unconstitutional. Case sent back to lower court for new trial": The Associated Press has this report.

Today's Texas Rule of Appellate Procedure: Rule 26: Time to Perfect Appeal.

"Brothers accused in I-35 robberies reunite in court. One, as his own lawyer, calls other to testify": The Austin American-Statesman has this report.

"Top Bush campaign aide eyeing state race. Matthew Dowd, chief strategist for the Bush-Cheney campaign, might run for Texas comptroller": The Austin American-Statesman has this report.

"Deputies sue sheriff's department over lineup": The Associated Press reports here that "[a] federal lawsuit by seven black deputies and one ex-deputy accuses the Harris County Sheriff's Department of forcing them to be photographed for a lineup, humiliating them before jail inmates and other officers."

"Death Row inmate pins last hope on high court": The Fort Worth Star-Telegram reports here that:

A Tarrant County man scheduled to be executed tonight for a murder he committed in 1989 at age 17 spent Monday waiting for the U.S. Supreme Court to act on his request that the death sentence be halted.

Mauro Barraza, who was condemned for beating and stomping 73-year-old Vilorie Nelson to death in her Haltom City home, would be the first U.S. inmate executed for killing someone while a minor since the Supreme Court agreed in February to review the constitutionality of executing youthful offenders.

"We are still hopeful that [the Supreme Court] will do the right thing and stay this execution, but it's getting a little late in the game," said attorney Scott Schutte of Chicago, who is handling Barraza's final appeals.

In addition to asking the Supreme Court to halt the execution on grounds that it would violate the ban on cruel and unusual punishment, Schutte also asked Gov. Rick Perry on Monday to grant a 30-day reprieve in the event the court takes no action.

"Judge hints at retrial for death row inmate. Tests discredited DNA evidence": The Houston Chronicle has this report.

"Execution today for man who killed at 17": Michael Graczyk of the Associated Press has this report on tonight's scheduled execution of Mauro Barraza.

"Judge says arrest of Quanell X legal. Activist thought he had police escort": The Houston Chronicle reports here that "[a] judge decided Monday that police had sufficient reason to believe civil rights organizer Quanell X was trying to evade arrest earlier this month as he was bringing a shooting suspect to the police station for surrender."

"Lay seeks meeting with Enron prosecutors. Lawyers hope to plead cause in Washington": The Houston Chronicle reports here that "Ex-Enron Chairman Ken Lay and his criminal defense lawyer are in Washington, D.C., this week, hoping the lawyer can get a chance to speak to Enron prosecutors. Mike Ramsey, contacted in Washington on Monday, said 'we're here to meet with prosecutors.' Lay himself would not meet with prosecutors; only his lawyers would attend. Some involved said they expect the meeting today."

"Cuellar asks for full court opinion": The San Antonio Express-News reports here that:

Democratic congressional nominee Henry Cuellar formally asked the 4th Court of Appeals on Monday to reconsider a three-judge panel's ruling ordering a new trial in U.S. Rep. Ciro Rodriguez's election challenge.

Cuellar, who won the contentious March 9 Democratic primary by 58 votes after two controversial recounts, argued in two separate motions that the ruling contradicts legal precedent set by the 4th Court of Appeals in a 1998 elections case.

Last week, the two Democratic members of a 4th Court's three-judge panel ruled that a lower court judge erred when he barred Rodriguez from bringing evidence of illegal votes cast in Webb county during a May trial.

The majority opinion ordered the case back to state district court in Laredo for a new trial. The lone Republican justice on the panel issued a dissenting opinion.

Cuellar is asking that the seven justices of the full appellate court re-examine the opinion and rule that a new trial is not necessary.

"Supreme Court to Hear Case on Medical Pot": David Kravets of the Associated Press reports here that "[t]he U.S. Supreme Court agreed Monday to decide whether the federal government can prosecute sick people who smoke marijuana on the advice of a doctor."

"Terror Suspects Win Right to U.S. Courts": Anne Gearan of the Associated Press has this report.

"Court: Foreign Terror Suspects Can Use U.S. Courts": Reuters has this report.

"Supremes Rebuff Administration on Detainee Rights": Tony Mauro of the Legal Times reports here that:

In a historic pair of decisions affirming due process rights even in a time of war, the U.S. Supreme Court largely repudiated the Bush administration's view that enemy combatants and detainees can be held indefinitely without access to federal court habeas corpus review. In both cases, different 6-3 majorities made it clear the government had gone too far in seeking unchecked power to detain and interrogate individuals in the war on terror.

"Court to Review American Indian Tax Case": Gina Holland of the Associated Press has this report.

"High Court Deals Blow to Bush's War on Terror": Reuters has this report.

"Supreme Court throws sentencing guidelines into doubt": Warren Richey of the Christian Science Monitor has this report.

"Supreme Court warns police about Miranda's delicate balance": "Police cannot extract information from suspects and only then inform them of their right to remain silent, the Supreme Court ruled yesterday in outlawing an interrogation tactic often used by investigators." Curt Anderson of the Associated Press has the rest of the story.

Opinions of the United States Supreme Court: Yesterday's opinions are available here.

"He fought the law, and the law won": The Christian Science Monitor has this commentary.

"Supreme Court throws sentencing guidelines into doubt. A Washington State case prompts other states, as well as federal officials, to reexamine their own sentencing systems": The Christian Science Monitor has this report.

"State paroles hit highest rate in years": The Associated Press reports here that:

The Texas Board of Pardons and Paroles is approving the early release of prisoners at its highest rate in more than a decade, a newspaper reported Sunday.

The percentage of parole-eligible inmates granted re lease under supervision has grown from a low of less than 17 percent in 1997 to more than 30 percent so far this year, according to a Houston Chroni cle analysis of state records.

The higher approval rating has helped stabilize the inmate population as the state prison system hovers at capacity. However, current and former parole officials say decisions to release inmates are made on a case-by-case basis and are not dictated by the number of prisoners.

"Kiddy crime kept under wraps by federal law": The Brownsville Herald reports here that:

Drug use, sexual assaults, bomb threats, illegal possession of firearms — children in the Rio Grande Valley probably know more about the subjects than adults like to think.

Whether school district police departments are required to release reports that document those crimes committed by students is a contested topic, but most Valley school police forces say they release those reports nonetheless.

But in Brownsville, requests for student crime reports in the district’s care would most likely be denied, based on the same federal law that gives school-house police departments the right to withhold a variety of student records.

"Internet helps widen rift between the political left, right. Web sites harden already opposing political positions": The Houston Chronicle reports here that "Erica Anthony-Benavides is a junior at Trinity University in San Antonio, a member of Ladies in Physics and not very politically active. But because she signed a petition against the war in Iraq, a national conservative Internet site has declared her an enemy of America."

"A saving grace for babies. Officials hope more mothers will find answer in safe-abandonment law": The Houston Chronicle has this report.

"In civil rights struggle, 'a new tent.' Growing alliance buoys Texas NAACP and LULAC": The Austin American-Statesman has this report.

Who you gonna' call? Methbusters: The Associated Press reports here that "Prosecutors launch program to combat rise in meth cases."

The number of methamphetamine cases in East Texas has dramatically increased in the last few years, prompting prosecutors and police to launch a program aimed at stopping the manufacture and use of the drug.

The "Methbusters" program, to be launched on Monday, will develop outreach programs, keep statistics on arrests and prosecutions of meth-related offenses, and teach law officers and the community about the trend.

"Federal judge logs 25 years in Laredo hot seat": The San Antonio Express-News reports here that:

When George Kazen started his career as a U.S. district judge here, the office had one public defender, an assistant U.S. attorney and a lone FBI agent.

Kazen, 39 at the time, was the only one behind the bench.

Twenty-five years later, Kazen's hair has thinned to just a fine row of gray while his workload has boomed along with the federal presence on the U.S. southern border.

Today there are 16 public defenders and 13 assistant U.S. attorneys in Laredo. FBI officials wouldn't release personnel numbers, citing security concerns.

The entire Southern District of Texas, which loops from Galveston to Houston, and from Laredo to Brownsville, is the fifth busiest district — per judge — out of 94 in the country, largely due to its proximity to illegal drugs and undocumented immigrants crossing the Rio Grande.

Today's Texas Rule of Appellate Procedure: Rule 28: Accelerated Appeals in Civil Cases.

Today at the Texas Legislature: One meeting is scheduled today at the Texas House of Representatives. The Appropriations Subcommittee on Health and Human Services will meet at 10:00 a.m. in E1.030. No meetings are scheduled today at the Texas Senate.

"Bell Tolls for 9th Circuit on 'Ring' Retroactivity": Justin M. Norton reports here that:

The U.S. Supreme Court ruled Thursday that more than 100 death sentences should not be overturned despite sweeping changes to how the ultimate penalty is handed down. The 9th Circuit ruled last year that scores of death sentences should be thrown out because of a 2002 Supreme Court decision that juries -- not judges -- should decide "aggravating" factors in capital cases. But in a 5-4 split, the high court said Ring v. Arizona is not retroactive.

"The Supreme Court Rejects State Law Suits Challenging Health Coverage: Why the Ruling May Spawn an Election Issue":

FindLaw columnist and Brooklyn law professor Anthony Sebok explains the import of, and comments upon, the Supreme Court's recent decision barring state law suits against HMOs that deny coverage to these patients. Sebok notes that the decision raises a key issue that could become an election issue this Fall: If states cannot, under the law, regulate HMO decisions, then should Congress amend the relevant federal law, ERISA, to allow more generous remedies when HMOs err? Sebok explains why this issue is relevant to a Bush 2000 campaign promise -- and notes that the law the Court struck down was a Bush-supported Texas law.

No updates today: The Texas Law Blog will not be updated today.

"Supreme Court returns Texas death sentence case to appeals court. Justices say juries in such cases must know of defendant's low IQ": The Austin American-Statesman reports here that:

A U.S. Supreme Court ruling Thursday sent a Texas death row case back to a lower court because a jury was not allowed to consider the defendant's low intelligence score.

The decision could affect dozens of Texas death row inmates with similar claims.

The court ruled in a 6-3 decision that a jury could consider a defendant's IQ when deciding whether to sentence the defendant to death. Before 1991, Texas juries could not consider a low IQ or other mitigating factors such as childhood abuse or drug addiction -- as they can now.

"Beer dealers dropped from drowning suit": The San Antonio Express-News has this report.

"Couple win malpractice lawsuit in baby's death": The San Antonio Express-News reports here that "[a] Bexar County jury has awarded a San Antonio couple more than $1.25 million over the loss of a child who died of complications at birth in 2001."

"Quote in article sparks lawsuit": The San Antonio Express-News reports here that "[t]hree area officials have filed a $6 million lawsuit alleging they were defamed by a quotation in a newspaper report about property appraisals that they say implies they are thieves."

"'2nd-parent' option provides equal rights. Adoption law applies to unmarried couples": The Houston Chronicle has this report.

If your smart enough you won't have to choose - the State will do it for you: The Houston Chronicle reports here that "[s]tudents who are granted automatic admission to Texas universities through the state's top 10 percent law should go to a school selected by the state and not by the student, a researcher told lawmakers Thursday."

"Strayhorn says Perry `vendetta' is behind audit": The Houston Chronicle reports here that "Comptroller Carole Keeton Strayhorn on Thursday accused Gov. Rick Perry of misusing the state auditor's office and thousands of taxpayer dollars to conduct a politically motivated investigation of her office."

"Ex-police chief admits harassment. Guilty plea entered in Texas City case": The Houston Chronicle reports here that "[f]ormer acting Texas City Police Chief Anthony Morgan admitted Thursday to harassing and making obscene comments to a woman by telephone for more than three years."

"Gay couples face hurdles as judges interpret law": The Houston Chronicle has this report.

"Harris County DA a victim of identity theft. 'Cathy Rosenthal' charged with using fake check": The Houston Chronicle has this report.

Today's Texas Rule of Appellate Procedure: Rule 11: Amicus Curiae Briefs.

Today at the Texas Leglislature: No meetins are scheduled today at the Texas House. No meetings are scheduled today at the Texas Senate.

"Solicitor General Olson Resigns. Government's top appellate lawyer says he'll go into private practice": Tony Mauro of the Legal Times reports here that "Solicitor General Theodore Olson confirmed late Thursday he is leaving his post as the government's top appellate lawyer in July."

"Supremes Give Juries More Power Over Sentencing Decisions":Tony Mauro of the Legal Times reports herethat:

In a 5-4 ruling that Justice Sandra Day O'Connor said would have a "disastrous" impact on state and federal sentencing, the Supreme Court ruled Thursday that aggravating facts that increase a defendant's sentence must be proven to a jury, not decided by a judge. The decision could expand the scope of the Court's Apprendi ruling and is sure to accelerate the growing debate over the wisdom of sentencing reforms enacted over the last two decades.

"More on Large Civil Fines for Minor Violations: Might They Be Limited by the U.S. Constitution's Excessive Fines Clause, and By State Constitutional Provisions":

FindLaw columnist and U.C. Hastings law professor Vikram Amar, and FindLaw guest columnist and attorney David Reis, continue their two-part series on constitutional limitations on large civil fines for minor law violations. In this part, Amar and Reis consider whether such fines can be challenged under the U.S. Constitution's excessive fines clause, and under provisions of state constitutions that may be broader than those of the U.S. Constitution. Amar and Reis also explain why a litigant challenging fines is well-advised to consider all of these approaches carefully.

"Man Charged for Exposing Women to AIDS": The Associated Press reports here that "[a] man is charged with intentionally exposing at least 17 women to the AIDS virus after he ignored a directive from health officials to stop having unprotected sex. Four of the women have tested positive for HIV."

"Court: N.Y. Death Penalty Unconstitutional": The Associated Press reports here that:

The state's highest court ruled that a provision of New York's capital punishment statute violates the state constitution, a decision that appears to invalidate the sentences of all four men on the state's death row.

The Court of Appeals ruled in the case of Stephen LaValle, who was convicted and condemned to die for raping and killing a jogger in 1997.

In a 4-3 ruling, the court said New York's sentencing rules might unconstitutionally coerce jurors into voting for a death sentence rather than risk a deadlock by holding out for life without parole.

If a jury deadlocks, the judge imposes a sentence of 20-25 years to life, giving the possibility of parole.

The prospect of that lesser sentence may coerce the jury to choose the death penalty when they do not want to, the court said.

"High Court Won't Overturn Death Sentences": The Associated Press reports here that "[t]he Supreme Court refused Thursday to overturn the death sentences of more than 100 inmates who argued their fates were improperly determined by judges, not jurors."

"High court declines to overturn death sentences": The Christian Science Monitor has this report.

"When equal custody is law, who gains?": The Christian Science Monitor has this report.

"Court Won't Make Cheney Energy Papers Public": Reuters reports here that "[t]he U.S. Supreme Court refused on Thursday to require Vice President Dick Cheney to disclose records of a 2001 task force he headed that critics say secretly formed energy policy favorable to the industry."

"Cheney wins a round on paper trail. Supreme Court rules 7 to 2 not to force the vice president to release energy task force records.": The Christian Science Monitor has this report.

"Lawyers tout cuts in prison sentencing": The San Antonio Express-News reports here that:

Depicting the nation's tough-on-crime tactics as costly and overused, the country's largest lawyers group issued a report Wednesday that suggests Texas locked up more lawbreakers than was necessary to reduce crime.

The report from the American Bar Association addressed concerns raised by U.S. Supreme Court Justice Anthony Kennedy, who last year urged the group to examine the way this country so often condemns people to prison.

After a nearly yearlong review that included public hearings in San Antonio, Washington and Sacramento, Calif., the group delivered its findings Wednesday to Kennedy, who was appointed by President Reagan.

The report proposed several reforms. Noting that most new inmates in penitentiaries committed nonviolent crimes, it called on states to create alternatives to prison and to develop programs that would help parolees adapt to freedom.

"High Court Justice Supports Bar Plan to Ease Sentencing": Linda Greenhouse of the Associated Press has this report in the New York Times.

Here is the ABA Justice Kennedy Commission page at the ABA's website.

"Lawmaker: State elder care system in `crisis'": The Associated Press reports here that "[t]he head of a Texas House panel reviewing the state's elderly care program says the system is broken and called for a statewide audit of practices. Rep. Carlos Uresti said Wednesday he plans to introduce legislation to make the system more accountable but wants 'immediate' changes in caseworker training."

"Police sued in death of bipolar man": The Fort Worth Star-Telegram reports here that:

When Martha Elsholtz called 911 in December for help with her emotionally unstable son, she said, she thought the police would take him to the hospital as they'd done so many times before.

Fort Worth police tried to subdue Gary Elsholtz with a Taser gun, an electronic shocking device. When that didn't work, officers shot Elsholtz twice in the chest after the 31-year-old bipolar man attacked them with a steak knife.

Martha Elsholtz is suing the Fort Worth Police Department over her son's death, alleging that the officers were inadequately trained or that the Taser gun was not properly maintained.

"South Texas recount fight not over yet, court decides": The Associated Press reports here that:

The political battle is not finished for U.S. Rep. Ciro Rodriguez.

The San Antonio congressman's re-election hopes stayed alive Wednesday when a state appeals court sided with him in a lawsuit alleging vote fraud in his district during the Democratic primary in March.

The 4th Court of Appeals overturned a lower-court judge, who had ruled that Rodriguez could not challenge eligibility of hundreds of District 28 voters in Webb and Zapata counties or do a full inspection of ballots for signs of tampering.

The case goes back to state court for a trial before Judge Joseph Hart.

"New round set in Dist. 28 fight": The San Antonio Express-News has this report.

"Settlement reached in Harris lawsuit. Damages sought from hotel, firm in father's death": "A lawsuit on behalf of the children of David Harris, a cheating husband fatally run down by his wife in a jealous rage two years ago, has been tentatively settled, lawyers for the involved parties have confirmed." The Houston Chronicle has the rest of the story.

"Abuse at juvenile jail not verified": The Houston Chronicle reports here that:

State investigators who have looked into allegations of mistreatment at a Harris County juvenile detention facility have concluded that the abuse did not occur or that they were unable to substantiate it, county officials said.

The Texas Juvenile Probation Commission could not substantiate 15 out of 17 allegations of abuse at the Harris County Juvenile Detention Center on West Dallas, said Harvey Hetzel, executive director of Harris County's Juvenile Probation Department.

"Accused priest leaves trail of sex abuse scandals": The Associated Press has this report.

"Minority leaders urge state to keep colleges' 10% rule": "Two minority groups urged the Legislature on Wednesday to keep its hands off the 'top 10 percent law,' which was designed to boost the enrollment of black and Hispanic students at the state's largest universities." The Houston Chronicle has the rest of the story.

"Woman awarded $7.4 million in suit against Metabolife. Diet supplement caused stroke, attorneys argued": The Houston Chronicle has this report.

Today at the Texas Legislature: The Local Government Ways and Means committee will hold a 10:00 AM meeting in E2.014 to hear invited testimony on an interim charge on appraising timber land.

The Senate Subcommittee on Higher Education will hold an 8:00 AM meeting in E1.036 to "hear invited and public testimony on Charge #1 relating to the impact of admissions policies on enrollment in Texas public institutions and make recommendations for improving the admissions procedures, as necessary. This should include, but not be limited to, a review of recent court decisions on college admissions policies, and an evaluation of the impact of the "Top 10%" law on college admissions."

Today's Texas Rule of Appellate Procedure: Rule 4: Time and Notice Provisions.

"`Texas Seven' leader's appeal rejected by court. Death sentence stands in killing of officer in robbery": The Associated Press reports here that:

The Texas Court of Criminal Appeals on Wednesday unanimously denied an appeal from the ringleader of the seven inmates who broke out of a South Texas prison, killed a police officer and then eluded authorities during a monthlong nationwide manhunt.

The appeal from George Rivas, who orchestrated the biggest prison break in state history in December 2000, was automatic under state law. He was convicted and sentenced to die for the slaying of Irving police officer Aubrey Hawkins.

"Reliving the Warren Court": "Dozens of clerks for former U.S. Supreme Court Chief Justice Earl Warren are working on an oral history of their behind-the-scenes experiences at the court." Pam Smith of The Recorder has the rest of the story.

"Disabled Moviegoers Fight Stadium Seating": Christine M. Garton of the Legal Times reports here that:

Stadium-style seating in theaters has improved the moviegoing experience for many. But some disabled patrons are not applauding.

At its private conference today, the U.S. Supreme Court will consider whether to grant review to Regal Cinemas Inc. v Stewmon, No. 03-641, a case pitting disabled theatergoers and the Justice Department against the owners and operators of movie theaters.

"Three Inmates Escape From Jail in Texas": The Associated Press has this report.

"Judge OKs $1M Gun Lawsuit Settlement": The Associated Press reports here that "[a] judge approved a landmark $1 million settlement Wednesday between two New Jersey police officers and the store that sold the gun used to shoot them."

"Court Reinstates Lawsuit Against Staples": The Associated Press reports here that:

A federal appeals court on Wednesday reinstated a civil rights lawsuit filed by a black man whose check was refused by a Staples Inc. office supply store in Winchester, Va.

A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that Jesse J. Williams presented sufficient evidence to warrant a trial on his racial discrimination claim. The unanimous decision reversed U.S. District Judge Samuel G. Wilson's dismissal of the lawsuit.

"A Death Penalty Case the Supreme Court May Review Shows the Dysfunction of the Federal Judiciary When It Comes to Capital Punishment":

FindLaw columnist, attorney, and author Edward Lazarus discusses an important death penalty case in which the U.S. Supreme Court has already issued one opinion, but which the Court may nevertheless review again. Lazarus contends that the Court should indeed review this case -- which raises the issue of racial discrimination in the prosecution's exercise of peremptory (that is, no-cause-given) challenges in jury selection. He argues that the Court needs to remedy an injustice, send a broader message, and address blatant lower court disobedience of the Court's prior opinion.

Today at the Texas Court of Criminal Appeals: Twelve cases are set for submission today at the Court. If the Court releases any opinions today, they will be available here.

"Senate approves nasty fines for indecent programming": The Associated Press reports here that "[f]aced with public ire over racy language, explicit scenes and skin-baring outfits, the Senate on Tuesday passed a bill 99-1 to fine radio and TV broadcasters and personalities as much as $3 million a day for airing indecent entertainment."

"State representative calls for full audit of Child Protective Services": The San Antonio Express-News reports here that "[t]he Chairman of House and Human Services for the State of Texas wants a full audit performed on Child Protective Services, and he wants it before any more children die."

"Jailing migrants straining counties":

South Texas counties will get nearly $1.5 million from the government this year as reimbursement for jailing undocumented immigrants — a welcome monetary infusion, but not nearly enough, county leaders lamented.

When federal immigration prisons fill up, officers look elsewhere to house arrested immigrants. County jails are a popular alternative.

County and state governments front the costs and eventually receive federal reimbursement through the State Criminal Alien Assistance Program. But local governments long have complained that reimbursements don't match the costs.

The Bush administration has had the program on the chopping block for the past three years and this year has proposed eliminating it for good.

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

"DA's exclusion in DNA lab inquiry urged. Lawyers also ask judge to expand scope of probe": The Houston Chronicle reports here that:Harris County District Attorney Chuck Rosenthal and members of his office should be disqualified from assisting in next week's court of inquiry that will look at questions surrounding the Houston police DNA laboratory, three local lawyers told a judge Tuesday.

The lawyers -- Butch Bradt, Kathryn M. Kase and Elsie Martin-Simon -- also have asked the presiding judge to expand the scope of the court's probe.

Kase is married to Houston Chronicle Editor Jeff Cohen.

"Selling lawyers a lucrative tale": Rick Casey of the Houston Chronicle has this editorial.

Today at the Texas Legislature: The Texas House of Representatives will hold two committee meetings today. Human Services will hold a meeting at 9:00 AM in E2.010 and Local Government Ways and Means will hold a meeting at 10:00 AM in E2.014.

No committee meetings are scheduled at the Texas Senate today.

Today's Rule of Evidence: Rule 513: Comment Upon or Inference From Claim of Privilege; Instruction.

"Going Hollywood: DOJ Joins File-Sharing Fight. Some think the entertainment industry can take care of itself. The DOJ disagrees": Vanessa Blum of the Legal Times has this report.

"3rd Circuit: Worker Must Arbitrate Despite Exemption. Aim of federal statute was not pre-emption of state's legislation": Shannon P. Duffy of The Legal Intelligencer has this report.

"Can a State Make it a Crime to Refuse to Identify Yourself to the Police? In a Narrow Ruling, the Supreme Court Says Yes":

FindLaw columnist and Columbia law professor Michael Dorf discusses an interesting recent ruling by the Supreme Court that, as he explains, implicates both the Fourth Amendment's prohibition on certain searches and seizures (including arrests), and the Fifth Amendment's prohibition on government-compelled self-incrimination. The question the Court addressed was whether a state can constitutionally make it a crime for a person to refuse to identify himself or herself to the police. A majority of the Court answered yes.

"British Streaker at Super Bowl Guilty of Trespass": Reuters reports here that "[a] Texas jury on Monday found a British streaker guilty of criminal trespassing for racing onto the field during the Super Bowl in February with only a thong and a smile."

"Texas Republicans Urged to Drop 'Christian Nation'": Reuters reports here that "[a] leading Jewish group on Tuesday asked the Republican Party in President Bush's home state of Texas to stop calling the United States a 'Christian nation' in its platform."

"ADL Urges Texas GOP to Modify Party Platform Calling America "A Christian Nation": The Anti-Defamation League has this press release.

"Wal-Mart Discrimination Suit Is Certified": Reuters reports here that "[a] federal judge on Tuesday said a lawsuit that charges Wal-Mart Stores Inc. discriminated against women in pay, promotions and training can proceed as a class action."

"Judge OKs Wal-Mart Class-Action Lawsuit": The Associated Press reports here that "[a] sex-discrimination lawsuit filed three years ago by six women against Wal-Mart Stores Inc. was certified Tuesday as a class action that could include up to 1.6 million current and former female employees of the retailing giant in the largest private civil rights case in U.S. history."

"Bayer, Dow, DuPont in Price-Fixing Probe": Reuters reports here that "Bayer AG and a Dow Chemical Co. and DuPont Co. joint venture said on Tuesday they are cooperating with an investigation into price fixing by chemical makers that the Wall Street Journal reported had widened into a global probe."

"Doctors Must Double-Check Before Surgery": The Associated Press has this report.

"HMOs Win Supreme Court Malpractice Case": The Associated Press has this report.

Today at the Texas Legislature: Two committee meetings are scheduled today at the Texas House. The Local Government Ways and Means Committee will hold a meeting at 10:00 AM in Extension E2.014 and the Human Services Committee will hold a meeting at 1:00 PM in Extension E2.010.

No committee meetings are scheduled today at the Texas Senate.

Today's Texas Rule of Evidence: Rule 512: Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.

"Family sues Riesel police chief in pursuit death": The Waco Tribune-Herald has this report.

"Bexar hopes to prove to critics that electronic voting safe": The San Antonio Express-News reports here that:

Hoping to win a vote of confidence from a mounting group of skeptics, Bexar County officials plan to conduct a demonstration of an $8.1 million electronic voting system that they contend is safe from fraud.

Election officials plan to conduct a mock recount of a recent local election sometime in mid-August, with invited local groups and the media watching each step of the process.

But it's going to be a hard sell. Already a steady group of cynics says the demonstration will be a waste of time as long as the machines can't provide voters with a paper copy of their completed ballots.

"A life or death matter": Rachel Stone of the Beaumont Enterprise has this report on the differences of death in Texas Courts and U.S. District Courts.

"The Supreme Court Decision To Let Mexican Trucks Roll: Why It May Leave Two Environmental Laws in the Dust":

FindLaw guest columnist and Harvard Law School lecturer Noah Sachs critiques an important recent Supreme Court decision on environmental law. Sachs argues that the Court's ruling -- which will allow Mexican trucks to move into and through the United States without an Environmental Impact Statement -- misinterprets the two main statutes involved, the National Environmental Policy Act (NEPA) and the Clean Air Act.

"The Supreme Court's Ruling on Employer Liability For Sexual Harassment That Results in 'Constructive Discharge': Why It's a Disappointment":

FindLaw columnist and Hofstra law professor Joanna Grossman discusses a high-profile case on sexual harassment that the Supreme Court recently decided. The question raised was: Under what circumstances can an employer be held liable for sexual harassment by a supervisor that results in the employee's "constructive discharge"? ("Constructive discharge" describes a situation where the employee, though not officially fired, has no reasonable option but to leave.) Grossman argues that the Court's ruling is not a victory for plaintiffs, even though it does allow some liability for constructive discharge.

"Lights, Camera and ... Time to Testify. Bringing testimony to life with actors": Leonard Post of The National Law Journal has this report.

"Health Insurance Industry Wins Big at Supreme Court": Tony Mauro of the Legal Times reports here that:

In a major victory for the health insurance industry, the U.S. Supreme Court on Monday unanimously ruled that patients may not sue under state tort law for insurers' refusal to pay for doctor-recommended medicines and procedures.

The ruling in two consolidated cases -- Aetna Health Inc. v. Davila, No. 02-1845, and Cigna Health Care of Texas v. Calad, No. 03-83 -- said that the 1974 Employee Retirement Income Security Act (ERISA) completely pre-empts such lawsuits, in part because its purpose was to "provide a uniform regulatory regime over employee benefit plans."

"Lawyer: Lay Won't Be Indicted on Charges": The Associated Press reports here that "Enron Corp. founder and former chairman Kenneth Lay will never be indicted on charges stemming from the company's collapse, despite recent speculation to the contrary, his lawyer said Monday."

"Attorney for Lay requests meeting. Ramsey wants to discuss reports about indictment with prosecutors": The Houston Chronicle has this report.

"U.S. Announces Settlement in Delta Suit": The Associated Press reports here that "[t]he government announced a settlement with Delta Air Lines on Monday over allegations the carrier discriminated after the Sept. 11 terror attacks against travelers believed to have been Muslim or of Arab, Middle Eastern or Southeast Asian descent."

"High Court Limits Patient Right to Sue HMOs": James Vicini of Reuters reports here that:

Patients cannot sue health maintenance organizations under state law for refusing to pay for doctor-recommended care, the U.S. Supreme Court ruled on Monday in a decision that could affect millions of Americans.

The justices unanimously ruled that a 1974 federal law, the Employee Retirement Income Security Act, completely pre-empted such lawsuits brought in state court by patients who seek damages from their HMOs over the denial of medical care.

"Court: People Can't Keep Names From Police": Gina Holland of the Associated Press reports here that:

The Supreme Court ruled Monday that people do not have a constitutional right to refuse to tell police their names.

The 5-4 decision frees the government to arrest and punish people who won't cooperate by revealing their identity.

The decision, reached by a divided court, was a defeat for privacy rights advocates who argued that the government could use this power to force people who have done nothing wrong to submit to fingerprinting or divulge more personal information.

Police, meanwhile, had argued that identification requests are a routine part of detective work, including efforts to get information about terrorists.

"Court Rejects 'Jenny Jones' Case Appeal": The Associated Press reports here that "[t]he Supreme Court rejected an appeal Monday from the family of a guest murdered days after he admitted a secret crush on another man during the taping of the 'Jenny Jones Show.'"

"S.C. Death Row Inmate Loses Appeal": The Associated Press reports here that:

The Supreme Court refused Monday to consider an appeal from South Carolina death row inmate Jamie Wilson, convicted of killing two third-graders during a shooting spree at an elementary school in 1988.

Mental health groups had urged the Supreme Court to use Wilson's case to decide if it is unconstitutional for states to execute people who were seriously mentally ill when they committed their crimes. The high court has already decided that mentally retarded inmates may not be put to death.

"Top Court Deals Blow to Intel in EU Probe": Reuters reports here that:

The U.S. Supreme Court ruled on Monday that chip maker Advanced Micro Devices can seek to require its bigger rival, Intel Corp. , to turn over U.S. documents for use in a European investigation.

By a 7-1 vote, the justices upheld an appeals court ruling that could force Intel, the world's largest microchip maker, to produce documents from an old antitrust case for the European Commission to use as it investigates AMD's complaint that Intel has abused its dominant market power in Europe.

Today's Supreme Court Opinions and Orders: The United States Supreme Court should release one or more opinions at 9:00 AM CST today as well as an orders list.

Today at the Texas Senate: There are no meetings scheduled today at the Texas Senate.

Today at the Texas House: There are no meetings scheduled for today at the Texas House of Representatives.

"Texas company wants to bring vigilante justice to cyberspace": The Associated Press has this report.

Today's Texas Rule of Evidence: Rule 511: Waiver of Privilege by Voluntary Disclosure.

"Court-Packing in Venezuela":

FindLaw columnist and human rights attorney Joanne Mariner notes an interesting parallel between American history and Venezuelan current events. Students of American history are familiar with FDR's threat to pack -- that is, add extra judges to -- the U.S. Supreme Court, which had been striking down New Deal legislation. As Mariner explains, Venezuela now has its own court-packing controversy -- thanks to a new law dramatically expanding the country's Supreme Court from twenty to thirty-two members, and making the removal of current judges far easier than it had been.

"Duty of Care at Soccer Tourneys Not Just for Active Observers": John Carher of the New York Law Journal has this report.

"High Court Clerks Show Market Clout as Firms Boost Bonuses": Tony Mauro of the Legal Times reports here that:

The intense annual competition to lure elite Supreme Court law clerks to top law firms is reaching record heights this year, with some firms offering jaw-dropping hiring bonuses of $150,000 or more.

These bonuses, added to base salaries in the third-year associate range, make it likely that some of the Court's 35 law clerks this term will be paid upward of $300,000 the first year they leave their justice's chambers. By contrast, Chief Justice William Rehnquist is paid $203,000 a year, and associate justices make $194,300.

News of the stratospheric hiring bonuses comes even as the Court itself is signaling discomfort with some law firms' clerk-recruiting practices.

"Judge among several vying for tribal council": The Bryan-College Station Eagle has this report on Judge Rick Davis' attempt to be on Survivor.

"Prisons face growing problem: cell phones. Authorities say inmates use the devices to buy drugs, intimidate witnesses, plot escapes": The New York Times has this report.

"McCaul hopes for leadership role in Congress. Future District 10 representative seeks to be a top Republican freshman in U.S. House": The Austin American-Statesman has this report.

"'84 crime led to execution-law change": The Fort Worth Star-Telegram has this report.

"Ethics inquiries in state piling up": The Fort Worth Star-Telegram has this report.

Today's Texas Rule of Evidence: Rule 510: Confidentiality of Mental Health Information in Civil Cases:

(a) Definitions. As used in this rule:

(1) "Professional" means any person:

(A) authorized to practice medicine in any state or nation;

(B) licensed or certified by the State of Texas in the diagnosis, evaluation or treatment of any mental or emotional disorder;

(C) involved in the treatment or examination of drug abusers; or

(D) reasonably believed by the patient to be included in any of the preceding categories.

(2) "Patient" means any person who:

(A) consults, or is interviewed by, a professional for purposes of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder, including alcoholism and drug addiction; or

(B) is being treated voluntarily or being examined for admission to voluntary treatment for drug abuse.

(3) A representative of the patient is:

(A) any person bearing the written consent of the patient;

(B) a parent if the patient is a minor;

(C) a guardian if the patient has been adjudicated incompetent to manage the patient's personal affairs; or

(D) the patient's personal representative if the patient is deceased.

(4) A communication is "confidential" if not intended to be disclosed to third persons other than those present to further the interest of the patient in the diagnosis, examination, evaluation, or treatment, or those reasonably necessary for the transmission of the communication, or those who are participating in the diagnosis, examination, evaluation, or treatment under the direction of the professional, including members of the patient's family.

(b) General Rule of Privilege.

(1) Communication between a patient and a professional is confidential and shall not be disclosed in civil cases.

(2) Records of the identity, diagnosis, evaluation, or treatment of a patient which are created or maintained by a professional are confidential and shall not be disclosed in civil cases.

(3) Any person who received information from confidential communications or records as defined herein, other than a representative of the patient acting on the patient's behalf, shall not disclose in civil cases the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained.

(4) The provisions of this rule apply even if the patient received the services of a professional prior to the enactment of Tex. Rev. Civ. Stat. art. 5561h (Vernon Supp. 1984)(now codified as Tex. Health & Safety Code §611.001-611.008).

(c) Who May Claim the Privilege.

(1) The privilege of confidentiality may be claimed by the patient or by a representative of the patient acting on the patient's behalf.

(2) The professional may claim the privilege of confidentiality but only on behalf of the patient. The authority to do so is presumed in the absence of evidence to the contrary.

(d) Exceptions. Exceptions to the privilege in court or administrative proceedings exist:

(1) when the proceedings are brought by the patient against a professional, including but not limited to malpractice proceedings, and in any license revocation proceedings in which the patient is a complaining witness and in which disclosure is relevant to the claim or defense of a professional;

(2) when the patient waives the right in writing to the privilege of confidentiality of any information, or when a representative of the patient acting on the patient's behalf submits a written waiver to the confidentiality privilege;

(3) when the purpose of the proceeding is to substantiate and collect on a claim for mental or emotional health services rendered to the patient;

(4) when the judge finds that the patient after having been previously informed that communications would not be privileged, has made communications to a professional in the course of a court-ordered examination relating to the patient's mental or emotional condition or disorder, providing that such communications shall not be privileged only with respect to issues involving the patient's mental or emotional health. On granting of the order, the court, in determining the extent to which any disclosure of all or any part of any communication is necessary, shall impose appropriate safeguards against unauthorized disclosure;

(5) as to a communication or record relevant to an issue of the physical, mental or emotional condition of a patient in any proceeding in which any party relies upon the condition as a part of the party's claim or defense;

(6) in any proceeding regarding the abuse or neglect, or the cause of any abuse or neglect, of the resident of an institution as defined in Tex. Health and Safety Code §242.002.

"NAACP files complaint against Austin police. Complaint says officers abuse search powers and use excessive force against minorities": The Austin American-Statesman reports here that:

The National Association for the Advancement of Colored People has filed a complaint against the Austin Police Department and the City of Austin, claiming that officers routinely abuse their search powers and use excessive force against minorities.

The complaint, filed Friday with the U.S. Department of Justice, seeks to block about $3.2 million that the department receives from the federal government until it changes the way it uses force against suspects and trains officers to work with the minority community.

"Lawmakers tout lawsuit reforms": The San Antonio Express-News reported here on Wednesday that:

Legislation that Republican lawmakers said would discourage groundless lawsuits by imposing sanctions against plaintiffs and attorneys was filed Tuesday in the House of Representatives.

"Some Americans have filed lawsuits for reasons that can only be described as absurd," said Rep. Lamar Smith, R-San Antonio, who filed the bill with five other lawmakers.

The bill is opposed by trial lawyers, who claim it would take discretion away from judges and contains an unconstitutional provision that would allow federal laws to usurp state courts on matters of interstate commerce.

"Judge had never faced grief like tot's death": The San Antonio Express-News reports here that "[a]ssociate Judge Peter Sakai held it together when the call came that first Saturday in June that baby Diamond Alexander-Washington was near death from a beating."

"Potty humor": I found the following excerpt in an article from the San Antonio Express-News about what's going on at the State Democratic Convention.

Stephen David, president of the Filipino American Caucus [for Empowerment], sold more than 100 rolls of toilet paper, labeled as "Bush Wipes" and decorated with red elephants, for $2 each.

"Just a prank," David said.

"Elders Behind Bars": The San Antonio Express-News has this article which begins:

Before he lost much of his hearing, his hair and his health, Huey P. Williams was the kind of repeat predator juries threw in prison and forgot about.

Hunched over at 70, the convicted killer commands a good deal more attention today. He gets around with a walker. He suffers from emphysema and a hernia. He broke his collarbone in a fall last year and has had surgery on his back and his prostate. His hearing went a long time ago. "What'd you say, ma'am?" he asks.

Williams, a career criminal who fled the scene of his last crime and was sentenced to life in prison in 1981, couldn't run today if wild dogs pursued him.

That has some wondering whether the frail man — and his high medical bills — belongs in prison.

"Enron founder Lay could be indicted within weeks": The Associated Press reports here that "Kenneth Lay, Enron Corp.'s founder and former chairman, could be indicted on charges stemming from its 2001 collapse by the end of June, sources close to the case told The Associated Press on Saturday."

"Judge to divvy up Tulia settlement": The Associated Press reports here that "[a] judge who ruled that an undercover agent in the now discredited 1999 Tulia drug busts was not a credible witness is returning to this West Texas town, this time to decide how to divvy up a $6 million settlement among 45 defendants."

"JP made right move in Flagship case": The Galveston County Daily News has this report.

How Texans voted: The Houston Chronicle reports here on how the Texas Congressional delegation voted on certain selected issues last week.

"Abbott lauds newspapers' use of open records": The Associated Press reports here that "Texas Attorney General Greg Abbott applauded newspapers Friday for aggressively seeking information through the state's open records laws and taking legal action when warranted."

"Killer asks state for pardon. French illegal immigrant says he wants to go home": The Houston Chronicle has this report.

"Texas Democrats challenge Patriot Act, principles": The Houston Chronicle reports here that "Texas Democrats meeting here [in Houston] Saturday approved a platform that reaffirms their support for legal abortion, proposes a temporary moratorium on state executions and calls for the repeal of parts of the U.S. Patriot Act."

"State Democrats call for unity. Squabbling aside, party faithful rally against Bush": The Houston Chronicle has this report.

"Second chances prove elusive for Tulia defendants": The Houston Chronicle has this report.

"Cornyn carries the Senate ball for Bush, cultural conservatives": The Housotn Chronicle has this report.

Today's Texas Rule of Evidence: Rule 509: Physician-Patient Privilege:

(a) Definitions. As used in this rule:

(1) A "patient" means any person who consults or is seen by a physician to receive medical care.

(2) A "physician" means a person licensed to practice medicine in any state or nation, or reasonably believed by the patient so to be.

(3) A communication is "confidential" if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or those reasonably necessary for the transmission of the communication, or those who are participating in the diagnosis and treatment under the direction of the physician, including members of the patient's family.

(b) Limited Privilege in Criminal Proceedings. There is no physician-patient privilege in criminal proceedings. However, a communication to any person involved in the treatment or examination of alcohol or drug abuse by a person being treated voluntarily or being examined for admission to treatment for alcohol or drug abuse is not admissible in a criminal proceeding.

(c) General Rule of Privilege in Civil Proceedings. In a civil proceeding:

(1) Confidential communications between a physician and a patient, relative to or in connection with any professional services rendered by a physician to the patient are privileged and may not be disclosed.

(2) Records of the identity, diagnosis, evaluation, or treatment of a patient by a physician that are created or maintained by a physician are confidential and privileged and may not be disclosed.

(3) The provisions of this rule apply even if the patient received the services of a physician prior to the enactment of the Medical Liability and Insurance Improvement Act, Tex. Rev. Civ. Stat. art. 4590i.

(d) Who May Claim the Privilege in a Civil Proceeding. In a civil proceeding:

(1) The privilege of confidentiality may be claimed by the patient or by a representative of the patient acting on the patient's behalf.

(2) The physician may claim the privilege of confidentiality, but only on behalf of the patient. The authority to do so is presumed in the absence of evidence to the contrary.

(e) Exceptions in a Civil Proceeding. Exceptions to confidentiality or privilege in administrative proceedings or in civil proceedings in court exist:

(1) when the proceedings are brought by the patient against a physician, including but not limited to malpractice proceedings, and in any license revocation proceeding in which the patient is a complaining witness and in which disclosure is relevant to the claims or defense of a physician;

(2) when the patient or someone authorized to act on the patient's behalf submits a written consent to the release of any privileged information, as provided in paragraph (f);

(3) when the purpose of the proceedings is to substantiate and collect on a claim for medical services rendered to the patient;

(4) as to a communication or record relevant to an issue of the physical, mental or emotional condition of a patient in any proceeding in which any party relies upon the condition as a part of the party's claim or defense;

(5) in any disciplinary investigation or proceeding of a physician conducted under or pursuant to the Medical Practice Act, Tex. Rev. Civ. Stat. art. 4495b, or of a registered nurse under or pursuant to Tex. Rev. Civ. Stat. arts. 4525, 4527a, 4527b, and 4527c, provided that the board shall protect the identity of any patient whose medical records are examined, except for those patients covered under subparagraph (e)(1) or those patients who have submitted written consent to the release of their medical records as provided by paragraph (f);

(6) in an involuntary civil commitment proceeding, proceeding for court-ordered treatment, or probable cause hearing under the Texas Mental Health Code, Tex. Health & Safety Code ch. 462; tit. 7, subtit. C; subtit. D.

(7) in any proceeding regarding the abuse or neglect, or the cause of any abuse or neglect, of the resident of an "institution" as defined in Tex. Health & Safety Code §242.002.

(f) Consent.

(1) Consent for the release of privileged information must be in writing and signed by the patient, or a parent or legal guardian if the patient is a minor, or a legal guardian if the patient has been adjudicated incompetent to manage personal affairs, or an attorney ad litem appointed for the patient, as authorized by the Texas Mental Health Code, Tex. Health & Safety Code tit. 7, subtits. C and D; Chapter V, Texas Probate Code; and Tex. Fam. Code §107.011; or a personal representative if the patient is deceased, provided that the written consent specifies the following:

(A) the information or medical records to be covered by the release;

(B) the reasons or purposes for the release; and

(C) the person to whom the information is to be released.

(2) The patient, or other person authorized to consent, has the right to withdraw consent to the release of any information. Withdrawal of consent does not affect any information disclosed prior to the written notice of the withdrawal.

(3) Any person who received information made privileged by this rule may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release the information was obtained.

"Texas Democrats look toward November bid for White House. North Carolina's John Edwards criticizes Bush, calls for Texans to organize for John Kerry": The Associated Press has this report.

"Fun-loving Bandera backs off noise ordinance": The Austin American-Statesman reports here that:

Come on now! Shout!

Fun-loving Bandera, concerned that a strict new noise ordinance could derail its image and drive away tourists from the "Cowboy Capital of the World," has decided to party on.

City council members voted unanimously this week to rescind rules adopted last month that limited outdoor amplified music to no later than 10 p.m. Friday, Saturday and Sunday, except by special permit, the San Antonio Express-News reported Saturday.

Also eliminated was a provision that said a violation may occur if noise — at any level — "unreasonably injures, disturbs or endangers the comfort, repose, health, peace or safety of others."

"Judge returns after time off over ruling": The Houston Chronicle reports here that "[a]n associate judge who awarded custody of a 2-year-old girl to her mother two months before the woman was accused of killing the child is returning to the bench after a leave of absence."

"Judge warns prosecutor about case's gag order": The Houston Chronicle reports here that:

A judge issued a strong warning Friday but did not hold in contempt the lead attorney prosecuting accused members of a human smuggling ring blamed for the deaths of 19 undocumented immigrants.

U.S. District Judge Vanessa Gilmore made her decision after hearing an explanation from Assistant U.S. Attorney Daniel Rodriguez about why he made comments that she believed might have violated her gag order.

"Meeting ordered on logging suit. Talks to be held in national forest": The Houston Chronicle reports here that "[e]nvironmental groups and the U.S. Forest Service will meet in the Sam Houston National Forest within the next two weeks in an attempt to end a dispute over whether to log an estimated 1 million cubic feet of timber."

"PUC move opens electric grid meetings": The Associated Press reports here: "As investigations into alleged wrongdoing at the state's electric grid continue, the Public Utility Commission on Friday approved an order that will require the grid's directors to hold public meetings, PUC spokesman Terry Hadley said."

"Ex-prison official charged in assaults": The Associated Press reports here that:

A former top state prison official has been indicted by a Walker County grand jury in Huntsville on felony sexual assault charges.

If convicted, Salvador "Sammy" Buentello, who retired April 30 after former co-workers accused him of sexual harassment, could face up to 20 years in prison.

The indictments allege that Buentello sexually assaulted three women on four occasions in 1999 and 2002. At the time, he was an assistant director of the Texas Department of Criminal Justice and headed the agency's State Classification Committee, which assigns convicts to various prisons.

"Democrats debate party loyalty at convention": The Houston Chronicle reports here that "[t]he Texas Democratic Party opened its convention in Houston on Friday with continuing debate over the loyalty of some state legislators during last year's congressional redistricting battles."

"GOP making gay marriage a hot-button election issue": The Houston Chronicle has this report.

"Sheriff adopts strict guidelines on deadly force. Shooting into cars at issue": The Houston Chronicle reports here that:

The Harris County Sheriff's Department has adopted a policy on shooting into vehicles that mirrors the strictest in the country and bars officers from a number of actions that contributed to 22 shootings since 1999.

The new protocol, being distributed to deputies this week and next, forbids officers from firing into cars or trucks except when someone inside is pointing a gun or using some type of deadly force other than the vehicle itself.

"Halliburton fires two in bribe investigation. Both tied to KBR Nigerian gas project": The Houston Chronicle reports here that "Halliburton fired former KBR Chairman Albert Jack Stanley and one other employee Friday, saying they received 'improper personal benefits' related to a Nigerian natural gas project that is part of French and American bribery investigations."

Did anyone see "The Plea" last night on Frontline?: If not, here is what you missed.

"Court's door open for more voucher cases. The Supreme Court says federal courts can review a state tax plan benefiting parochial schools": The Christian Science Monitor has this report.

Supreme Court of Texas: Here are this week's orders from the Texas Supreme Court. The Court released two opinions.

Today's Texas Rule of Evidence: Rule 508: Identity of Informer:

(a) Rule of Privilege. The United States or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation.

(b) Who May Claim. The privilege may be claimed by an appropriate representative of the public entity to which the information was furnished, except the privilege shall not be allowed in criminal cases if the state objects.

(c) Exceptions.

(1) Voluntary disclosure; informer a witness. No privilege exists under this rule if the identity of the informer or the informer's interest in the subject matter of the communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer's own action, or if the informer appears as a witness for the public entity.

(2) Testimony on merits. If it appears from the evidence in the case or from other showing by a party that an informer may be able to give testimony necessary to a fair determination of a material issue on the merits in a civil case to which the public entity is a party, or on guilt or innocence in a criminal case, and the public entity invokes the privilege, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it finds that the matter cannot be resolved satisfactorily upon affidavit. If the court finds that there is a reasonable probability that the informer can give the testimony, and the public entity elects not to disclose the informer's identity, the court in a civil case may make any order that justice requires, and in a criminal case shall, on motion of the defendant, and may, on the court's own motion, dismiss the charges as to which the testimony would relate. Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the public entity. All counsel and parties shall be permitted to be present at every stage of proceedings under this subdivision except a showing in camera, at which no counsel or party shall be permitted to be present.

(3) Legality of obtaining evidence. If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the court is not satisfied that the information was received from an informer reasonably believed to be reliable or credible, it may require the identity of the informer to be disclosed. The court shall, on request of the public entity, direct that the disclosure be made in camera. All counsel and parties concerned with the issue of legality shall be permitted to be present at every stage of proceedings under this subdivision except a disclosure in camera, at which no counsel or party shall be permitted to be present. If disclosure of the identity of the informer is made in camera, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the public entity.

"Sam Dash's Warning About Government Intruders: The Story Of The Rise And Fall Of Fourth Amendment Protections":

FindLaw columnist and former counsel to the president John Dean aanswers an intriguing question: What would former (and now late) Chief Counsel of the Senate Watergate Committee Sam Dash have thought of today's USA Patriot Act? In providing an answer, Dean draws both on Dash's recent book and his own personal conversations with Dash. In addition to addressing the Patriot Act specifically, Dean also discusses Dash's views on the long history of the Fourth Amendment and similar legal privacy protections.

"Apprentice Appellants Ascend. Find out why the high court is now reading student papers":

At many a law school's appellate clinic, students study Supreme Court cases. If they're lucky, they get to work on cases in specific areas. At the Stanford Law School Supreme Court Litigation Clinic, young lawyers and summer associates do nothing but work on a variety of pro bono Supreme Court cases. After a few months of operation, it already boasts a successful track record. "There is nothing remotely like it anywhere else," the clinic's founder says.

Tony Mauro of The American Lawyer has this report.

"Sleep-Deprived Tenant Gains Rent Relief After Bugs Take to Bed": Elizabeth Stull of the New York Law Journal has this report.

"Texas fiscal policies not much to be proud of": The Houston Chronicle has this editorial.

Today's Senate Committee Meetings: No meetings have been scheduled.

Today's House Committee Meetings: No meetings have been scheduled.

"Federal grand jury indicts woman for issuing threats to lawyer": The Lubbock Avalanche-Journal reports here that "[a] federal grand jury in Lubbock this week indicted a Slaton woman on charges of threatening her former attorney over the Internet."

"DNA tests negative for two officers, court learns": The El Paso Times reports here that "DNA from the two officers accused of raping an 18-year-old woman two years ago was not found on samples of bodily fluids and other items taken from the alleged victim, testimony at a special court hearing revealed Thursday."

"Judge to return to bench after leave of absence": The Associated Press reports here that:

An associate judge who awarded custody of a 2-year-old girl to her mother two months before the woman was accused of killing the child is returning to the bench after a leave of absence.

District Judge Peter Sakai took the leave June 8, two days after the death of Diamond Alexander-Washington.

"Calif. attorney general sues Enron for alleged price manipulation": The Associated Press reports here that "State officials are hoping to do through the courts what they have been unable to do so far through federal channels: Recoup nearly $2 billion they claim was lost due to a scheme by Enron Corp. to manipulate the energy market in 2000-01."

"Dallas-based prosecutor confirmed as federal judge": The Fort Worth Star-Telegram reports here that:

The confirmation vote for Dallas-based U.S. Attorney Jane Boyle to trade her appointed job for a federal judgeship was a smooth affair Thursday.

The U.S. Senate unanimously approved Boyle's nomination to fill a vacancy on the federal bench in the 100-county Northern District of Texas in Dallas.

The opening was created when U.S. District Judge Jerry Buchmeyer took senior status last year.

Sens. John Cornyn and Kay Bailey Hutchison, both R-Texas, recommended Boyle, 49, to President Bush on Sept. 9. Bush nominated Boyle on Nov. 24, and the Judiciary Committee confirmed her April 1.

"Police brutality suit not a case of bully vs. victim": The Fort Worth Star-Telegram has this report.

"Damages could be $1 million": The Fort Worth Star-Telegram reports here that:

The city of Fort Worth's potential liability in Wednesday's drownings is unlikely to exceed $1 million if families were to successfully sue the city, trial attorneys said Thursday.

Under Texas law, damages for a death involving a government agency are capped at $250,000 per person or $500,000 if there are multiple victims of one incident, said Chuck Noteboom, a trial lawyer with experience in drownings.

That's far less than a jury award if the drownings happened on private property, although most lawyers would try to convince a jury that there were four separate drownings to bring the damages to $1 million, he said.

A 10-year statute of limitations that lapsed in the mid-1980s would prevent the families from suing the park's designer, architect or builder, Noteboom said.

"Teenagers indicted in marring of grave": The Beaumont Enterprise reports here that:

Two Jasper County teens accused of desecrating the grave of James Byrd Jr. were indicted Wednesday by a grand jury on felony charges.

Joshua Lee Talley of Jasper and John Matthew Fowler of Call, both 18, were indicted on the state felony charge of criminal mischief in connection with damaging Byrd's grave at the city cemetery in May, according to the Jasper County District Attorney's Office.

The damage to his grave was repaired in late May.

"Quoted prosecutor may be held in contempt of court": The Houston Chronicle reports here that:

A judge threatened to hold in contempt of court the lead prosecutor in the cases against alleged members of a human-smuggling ring blamed for the deaths of 19 undocumented immigrants.

On Thursday, U.S. District Judge Vanessa Gilmore ordered Assistant U.S. Attorney Daniel Rodriguez to appear in her court this morning to show why he should not be held in contempt of court for, she alleges, violating her gag order.

The order referred to an article in The New York Times' online edition about the guilty plea entered Monday in Gilmore's Houston court by Karla Patricia Chavez Joya, a Honduran accused of leading the smuggling ring.

The article on nytimes.com quoted Rodriguez as saying, "In contemporary history, we haven't seen anything worse, so this is a significant guilty plea."

"New exhumation date requested": The Houston Chronicle reports here that "[l]awyers for a woman claiming she is the heir to an oil-rich South Texas ranch requested a new date to exhume the body of its former owner and her alleged father."

"Perry to state agencies: Cut spending requests. Wants 5% trimmed from 2006-07 proposals": The Houston Chronicle has this report.

"Democratic convention to focus on fall upsets": The Houston Chronicle reports here that "Texas Democrats gathered in Houston for their state convention Thursday, with a focus on rallying the troops for some upsets as last year's bitter redistricting battle plays out in the November election."

"Volunteer firefighter gets unusual sentence. Will spend six Christmases in jail for fatal accident": The Houston Chronicle has this report.

Today's Senate Committee Meetings: The Senate Committee on Education has cancelled today's meeting.

Today's House Committee Meetings: No meetings have been scheduled.

Today's Texas Rule of Evidence: Rule 507: Trade Secrets:

A person has a privilege, which may be claimed by the person or the person's agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. When disclosure is directed, the judge shall take such protective measure as the interests of the holder of the privilege and of the parties and the furtherance of justice may require.

"The Supreme Court Decision on the Pledge of Allegiance Case: Why It Raises Federalism Issues":

FindLaw columnist and Cardozo law professor Marci Hamilton explains why the Supreme Court's recent decision on the "under God" Pledge of Allegiance may be very significant, despite the fact that it did not resolve the ultimate issue of whether requiring schoolchildren to recite the Pledge is an Establishment Clause violation. Hamilton argues that the Court's decision on standing -- that is, who has the right to sue -- raises troubling federalism issues, and intrudes on the traditionally state law domain of family law.

"Justices Asked to Douse Arson Statute": Beth Hanson of the Legal Times reports here that "[o]ne of the burning issues at the Supreme Court next term could be the scope and constitutionality of federal arson law, which derives its authority from the commerce clause of the Constitution."

"Ruling paves way for ranching baron's exhumation, family's lawyers say. Lawyers for foundation that oversee Kenedy fortune disagree, call ruling vague": The Austin American-Statesman reports here that "[t]he lawyers for a Corpus Christi family that claims to be the unacknowledged descendants of South Texas ranching baron John G. Kenedy Jr. said Wednesday that a Court of Appeals ruling gives the green light to the planned exhumation of Kenedy's body."

"Castrated molester back in jail": The Associated Press reports here that "[a] former YMCA camp counselor voluntarily castrated after he was imprisoned for molesting 40 children was back in jail Wednesday after a grand jury indicted him on two child sex abuse charges."

"Jurors split on vigilante charge": The Fort Worth Star-Telegram reports here that:

An ex-convict who was patrolling for undocumented immigrants on a South Texas ranch was convicted Wednesday of unlawfully possessing a firearm, but a Jim Hogg County jury deadlocked on the more serious charge against him.

Casey Nethercott, 37, had also been charged with aggravated assault with a deadly weapon. He was accused of pistol-whipping Salvadoran immigrant Edwin Mancia after Nethercott caught him on a ranch in March 2003.

"Court hopeful wins injunction in fight over nomination": The Fort Worth Star-Telegram reports here that:

An injunction was granted this week that temporarily protects the nomination of a Republican candidate seeking ballot certification for the November elections.

The 2nd Court of Appeals in Fort Worth granted relief Tuesday to County Court at Law No. 1 nominee Debra Dupont. She lost her bid for the judgeship of County Court at Law No. 2 in the March primary to Ben Akers by 37 votes. She was then nominated May 4 by a majority of local precinct leaders for the judgeship of court No. 1, a position vacated when Judge Graham Quisenberry was appointed this year as 415th district court judge.

But Dupont's nomination has been held up by Parker County Republican chairwoman Zan Statham's refusal to certify her for the ballot. Dupont, represented by attorney Andy Taylor of Houston, filed a lawsuit against Statham on May 26 that called for Statham "to perform her ministerial duty of certifying Dupont as nominee."

"Woman can sue pastor for negligence, court says": The Fort Worth Star-Telegram has this report.

"Judge dismisses lawsuit over vehicle beach access": "Beachcombers soon may have to comb a little more to find surfside parking along Galveston Island's western beaches after a judge dismissed a lawsuit over the city's ability to ban vehicles from certain stretches of the waterfront." The Houston Chronicle has the rest of the story.

"Judge overturns Medicaid penalties. Ruling blocks adoption of tough rules for parents": "A federal judge in Austin has ruled that Texas cannot stop Medicaid benefits when parents fail to take 'personal responsibility' such as getting their kids immunized, keeping them in school and staying off drugs and alcohol." The Houston Chronicle has the rest of the story.

"Court finds photo of fetus inadmissible. Ruling may affect killer's sentencing": "A photograph of a murder victim's unborn child shouldn't have been shown to a Harris County jury considering how to punish the mother's killer, the Court of Criminal Appeals ruled Wednesday." The Houston Chronicle has the rest of the story.

"Campaign fund probe expands to Democrat. Allegations echo inquiry of DeLay": "Travis County prosecutors said Wednesday they are investigating an allegation that U.S. Rep. Martin Frost illegally funneled more than $100,000 in corporate donations to Texas legislative candidates in the 2000 election." The Houston Chronicle has the rest of the story.

"Doctor's effect on justice lingers. Testified in many death row cases": "He had not been visible for the better part of a decade, but the reputation of Dr. James Grigson lingered long after he last testified in a capital murder trial. In truth, it lingers still -- two weeks after his death from cancer at 72." The Houston Chronicle has the rest of the story.

"Verdict on Durst's bail sought. Attorneys want new amount determined in appeals court": The Houston Chronicle reports here that "[a] group of Houston appellate judges agreed with Robert Durst's attorneys earlier this month that $3 billion in total bail for the jailed New York millionaire is too high."

Today's Texas Rule of Evidence: Rule 506: Political Vote:

Every person has a privilege to refuse to disclose the tenor of the person's vote at a political election conducted by secret ballot unless the vote was cast illegally.

"When Victims' Families Eschew Vengeance: The Exclusion of Pro-Defendant Victim Impact Statements in Terry Nichols's Trial":

FindLaw columnist and Rutgers law professor Sherry Colb discusses s a controversial evidentiary decision by the judge in the recent death penalty trial of Oklahoma bombing co-conspirator Terry Nichols. When the jury was deciding between a death sentence and life imprisonment, the defense sought to present relatives' please against the death penalty, but the judge did not allow their admission. Colb argues that if pro-death-penalty victim impact statements should be allowed at sentencing, anti-death-penalty victim impact statements should too.

"Rehnquist Supports Baby Bells":

In another blow to upstart phone companies, Chief Justice William Rehnquist declined Monday to stay a federal court order absolving the Baby Bells from having to lease their networks to rivals at wholesale rates. The highest court is expected to decide by October whether to hear the appeal, which Bell rivals and the National Association of Regulatory Utility Commissioners are making.

Ron Orol of The Deal has this report.

"U.S. High Court Action Bodes Ill for French Railroad Suit":

The U.S. Supreme Court's decision last week on the retroactivity of the Foreign Sovereign Immunities Act appears to have doomed a suit by Holocaust victims and their heirs for damages against a French railroad company whose trains transported thousands of people to Nazi death and slave labor camps. The retroactivity of the act may cut the wrong way for plaintiffs in the case, which is an action in tort and does not involve expropriation.

Mark Hamblett of the New York Law Journal has this report.

"'Constructive Discharge' No Bar to Harassment Defense. U.S. Supreme Court: Employer may point out failure to use available remedies":

The U.S. Supreme Court ruled Monday that an employer sued for sexual harassment can invoke the Faragher/Ellerth defense -- that an employer had made available corrective remedies that a plaintiff failed to pursue -- even if a plaintiff can prove working conditions were so intolerable that she was forced to quit. The decision in Pennsylvania State Police v. Suders partially reverses a 3rd Circuit decision, resolving a split in the circuits.

Shannon P. Duffy of The Legal Intelligencer has this report.

"0-2 in 9th, Ashcroft May Seek Review. At issue are medical pot, assisted suicide":

Before the end of the year, the U.S. Supreme Court may be asked to wade once again into the legal thicket surrounding assisted suicide and the medical use of marijuana because of recent court defeats suffered by the Bush administration. Both cases have triggered criticism by litigants and others that Attorney General John Ashcroft is pursuing a personal or political agenda instead of a law enforcement one.

Marcia Coyle of The National Law Journal has this report.

"Man charged with stealing a beer": The Galveston County Daily News has this report.

"Durst lawyers ask court to set new bail": The Galveston County Daily News reports here that:

Attorneys for real estate heir Robert Durst filed a motion Tuesday asking the 14th Court of Appeals in Houston to set new bond amounts for the three pending cases against the millionaire.

The appellate court issued an opinion June 3 stating the $3 billion bond set by State District Judge Susan Criss for the charges of bail jumping, failure to appear and evidence tampering levied against Durst were unconstitutionally excessive.

Because the opinion did not set new amounts for Durst’s bond, the decision fell back to Criss’s 212th District Court in Galveston to decide.

"To motivate young voters, hip-hop goes political. Issues-driven, grass-roots events will try to define hip-hop politics during this presidential election year": Jonathan Tilove of the Newhouse News Service has this report.

"Cheney's office says information on Halliburton was not given to the vice president": The Associated Press reports here that "Vice President Dick Cheney's chief of staff was told in 2002 that Cheney's former company would receive no-bid work to secretly plan restoration of Iraq's oil facilities, but the information wasn't given to the vice president, a White House official said Tuesday."

"California ordered to refund $270 million to Enron, others": The Associated Press reports here that "[a]s California struggled through the 2000-2001 energy crisis, Enron traders gloated about gouging the state. Now state Attorney General Bill Lockyer says federal regulators are heaping insult upon injury by demanding California pay Texas-based Enron and other energy companies almost $270 million in refunds."

"Two out of three isn't bad, but it isn't enough": Bob Ray Sanders of the Fort Worth Star-Telegram has this op-ed today. The piece begins:

To paraphrase an oft-quoted Old Testament Scripture, sometimes justice in America rolls down like waters, and sometimes it stands still like a frozen stream.

Three recent cases -- one in Oklahoma, one in Fort Worth and one in the nation's highest court, in Washington -- prove that American justice can be a very fickle thing, often based on all those things that shouldn't matter at all.

Like race and gender, money and prominence, geography and politics.

And much too often in this country true justice falls victim to the sheer lack of courage on the one hand and someone's blind ambition on the other.

"Wet-demolition foes call for action": The Fort Worth Star-Telegram reports here that:

Opponents of the city's plan to use an experimental asbestos-removal method in the demolition of a Handley motel challenged residents Tuesday night to "let your representatives' phones ring off the hook -- call the mayor, call the City Council, let them know that what they are about to do is not right."

About 60 people attended a forum organized by the International Association of Heat and Frost Insulators and Asbestos Workers.

Fort Worth officials plan to tear down the Cowtown Inn on East Lancaster Avenue using a so-called wet-demolition method that sprays water on the structure to try to keep asbestos fibers from spreading through the air.

"Crime expert arrested in bank heist":

John L. Stanley's resume is impressive: author, university lecturer, crime consultant, radio personality.

Kansas City authorities want to add another title to the list: bank robber.

Kansas City police arrested Stanley, 60, of Dallas, in a midtown parking lot Thursday just minutes after the robbery of a Commerce Bank branch.

The Fort Worth Star-Telegram has the rest of the story.

"Rare court of inquiry ordered in lab probe": "A judge ordered Tuesday that a court of inquiry -- a rarely used investigative tool -- be convened here next month to probe questions connected to the Houston Police Department's suspended DNA laboratory." The Houston Chronicle has the rest of the story.

"Power grid council holds secret session. Alleged irregularities investigated": The Houston Chronicle has this report.

"Opposition to paddling grows": The Houston Chronicle has this report.

"Claims against DeLay are spelled out by Bell": The Houston Chronicle reports here that:

U.S. Rep. Chris Bell, D-Houston, accused House Majority Leader Tom DeLayof Sugar Land on Tuesday of accepting a $20,000 contribution to one of his political action committees from Bacardi USA in exchange for pushing a bill that would benefit the liquor company.

The allegation is part of a wide-ranging ethics complaint that Bell, whose congressional district borders DeLay's, filed Tuesday. As first reported in Monday's Houston Chronicle, Bell is asking the House Committee on Standards of Official Conductto investigate claims that DeLay, a Republican, engaged in extortion, bribery and abuse of power in separate incidents during the last two years.

Bell's decision to proceed against DeLay pushed a simmering Texas political feud onto center stage this week on Capitol Hill, where lawmakers for seven years have observed an unofficial truce in filing such complaints against each other.

"They're Mrs. and Mrs. no more": The Houston Chronicle reports here that:

Linda Gail Carter insisted that she should be legally recognized as a woman.

She also wanted a divorce from her wife.

A Houston judge rejected the first point but granted the second today, ruling that Carter is in fact a man but approving the divorce from Constance D. Gonzales.

State Family Court Judge Lisa Millard ordered that the couple's assets be split, with Gonzales receiving 65 percent, and that Carter pay attorneys' fees.

"Flag Day Pledge law hasn't caught on here": The San Antonio Express-News reports here that "[a]lmost two decades ago, President Reagan signed a law to encourage all Americans to recite the Pledge of Allegiance at precisely the same moment each year on Flag Day. But there was little evidence Monday that the nationally sanctioned practice has become a big tradition here."

"Court keeps 'under God' in Pledge. It rules that the California father who brought the case doesn't have legal standing.": The Christian Science Monitor has this report.

Today's Texas Rule of Evidence: Rule 505: Communications to Members of the Clergy:

(a) Definitions. As used in this rule:

(1) A "member of the clergy" is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting with such individual.

(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

(b) General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in the member's professional character as spiritual adviser.

(c) Who May Claim the Privilege. The privilege may be claimed by the person, by the person's guardian or conservator, or by the personal representative of the person if the person is deceased. The member of the clergy to whom the communication was made is presumed to have authority to claim the privilege but only on behalf of the communicant.

"Advocate for Change. New York lawyer makes name for herself with Texas case that drew global attention":

Vanita Gupta was just three months out of New York University School of Law when she began work in Tulia, Texas, as lead counsel for the NAACP Legal Defense Fund in civil litigation involving the imprisonment of 45 black men on the testimony -- since thoroughly discredited -- of one undercover narcotics agent. The victory, Gupta says, involved "many hands" -- and was just the beginning of a career she intends to spend fighting injustice.

Thomas Adcock of the New York Law Journal has this report.

"Supremes Turn Back Newdow's Pledge Challenge":

Atheist Michael Newdow's quixotic challenge to the words "under God" in the Pledge of Allegiance came to an end Monday as the U.S. Supreme Court ruled 5-3 that he did not have standing to bring suit on his daughter's behalf. The decision in Elk Grove Unified School District v. Newdow sweeps away the controversial 9th Circuit ruling that found the Pledge, as recited in public schools, violated the First Amendment's establishment clause.

Tony Mauro of the Legal Times has this report.

News From the United States Supreme Court: The Associated Press reports: "Court Blocks Suit Over Western Wilderness." Reuters reports: "Antitrust Laws Don't Cover Foreign Cases." Gina Holland of the Associated Press reports: "Court Orders Review of WWII-Era Cases."

"The End of 'Ladies' Night' in New Jersey: A Controversial Ruling Deems the Practice Sex Discrimination Against Men":

FindLaw columnist and Hofstra law professor Joanna Grossman discusses an interesting recent ruling by New Jersey's Director of Civil Rights finding that a bar's "Ladies' Night" policy -- in which women were admitted free, and offered discounted drinks -- illegally discriminated against men. Grossman assesses the bar's defense -- that the policy was too trivial to come within the relevant discrimination law -- and finds it unpersuasive. She also considers comparatively "trivial" sex discrimination in dress codes, and finds that it may not be as trivial as it seems.

"Two must repay charity $14 million. Former executives owe King Foundation for bloated salaries and credit card use, jury says": The Austin American-Statesman reports here that "[a] Travis County jury on Monday ordered two men to pay $14 million to the nonprofit foundation from which they once drew six-figure salaries and ran up $750,000 in charges on the company credit card. The case is the first in which a state attorney general has sued a private foundation's top officials based on excessive salaries, said Angela Hale, a spokeswoman for the attorney general's office."

"Court Allows 'Under God' on Technicality": Anne Gearan of the Associated Press reports here that "[t]he Supreme Court allowed millions of schoolchildren to keep affirming loyalty to one nation 'under God' but dodged the underlying question of whether the Pledge of Allegiance is an unconstitutional blending of church and state."

"State can't cut off Medicaid over rules. 'Personal responsibility' requirement oversteps federal law, U.S. judge decides": The Austin American-Statesman reports here that:

Texas is not permitted to terminate the Medicaid health insurance benefits of people who fail to follow so-called personal responsibility rules, like staying off drugs and alcohol or immunizing their children, an Austin federal judge has ruled.

U.S. District Judge Sam Sparks' ruling makes permanent a temporary injunction he issued in April in a lawsuit that accused the Texas Workforce Commission of overstepping federal law when it passed the rules last year.

"Chief prepares to open file; DA says charges could follow": The Associated Press reports here that:

Less than a week after a grand jury declined to indict a former priest in a 1960 homicide, half a dozen media organizations want access to authorities' investigative file.

McAllen Police Chief Victor Rodriguez asked reporters Monday to clarify their requests so information could be released in a timely matter. However, Hidalgo County District Attorney Rene Guerra warned that Rodriguez could be charged criminally if he releases the material.

"There are some things that have to be kept secret that just cannot be put in print," Guerra said in Tuesday editions of The (McAllen) Monitor, which is among media members seeking the file.

"Perry to meet with Fox in Mexico City next week": The Associated Press reports here that "Gov. Rick Perry will be in Mexico next week for a trade conference as well as private meetings with Mexican governors and President Vicente Fox."

"Oversight might have averted ERCOT scandal, advocates say": "A brewing scandal at the organization that operates the Texas power grid might have been avoided with the implementation of financial controls recommended by a legislative commission and others, consumer advocates say." The Fort Worth Star-Telegram has the rest of the story.

"Police go high-tech with new computers": The Fort Worth Star-Telegram reports here on electronic ticket writers.

"Give officers a brake and avoid a ticket" The Fort Worth Star-Telegram has this report.

"City lawsuit targets dog business": The Fort Worth Star-Telegram has this report.

"James Grigson, `Dr. Death,' 72": The Houston Chronicle reports here that:

Dr. James Grigson, nicknamed "Dr. Death" for his testimony in more than 150 capital murder trials, has died. He was 72.

Grigson, who died of lung cancer June 3, practiced psychiatry for nearly 45 years and testified in 167 trials, both as a prosecution and defense witness. He said that, as a forensic psychiatrist, his job "was to try to find the ones who were mentally ill and needed to go to the hospital and those that were faking it who needed to go to prison."

The doctor's support of the death penalty, however, and his frequent testimony, made him a controversial figure and pegged him with the "Dr. Death" title. In 1995, he was expelled from the American Psychiatric Association because he predicted a person's potential threat to society without interviewing the patient.

"Law gives soldiers property tax relief": The Houston Chronicle reports here that "State Rep. Rick Noriega on Monday became one of the first members of the military from this area to take advantage of a Texas law that allows those serving out of state to defer property tax payments."

"Trial begins against ephedra maker. Crosby woman says pill caused stroke": The Houston Chronicle reports here that "[a] lawsuit against a company that made and sold a diet aid containing now-banned ephedra went to trial Monday in Houston as a paid expert for the defense acknowledged that ephedra can cause strokes, seizures and heart attacks."

"Court orders 'Dog Lady' to give up 121 canines. SPCA takes animals; couple faces charges": The Houston Chronicle has this report.

"Alleged leader pleads guilty in smuggling case": "The alleged leader of a human-smuggling ring pleaded guilty Monday to orchestrating the loading of at least 74 illegal immigrants into a sealed truck for a ride that killed 19 of them." The Houston Chronicle has the rest of the story.

"A girls' team, a fired coach, and Title IX": The Christian Science Monitor has thism report.

"Court Orders Review of WWII-Era Cases": The Associated Press reports here that "[t]he Supreme Court ordered a lower court on Monday to reconsider if Holocaust survivors and heirs can sue the French national railroad for transporting more than 70,000 Jews and others to Nazi concentration camps during World War II."

"Court Rules Against Father in Pledge Case": The Associated Press reports here that "[t]he Supreme Court at least temporarily preserved the phrase 'one nation, under God,' in the Pledge of Allegiance Monday, ruling that a California atheist could not challenge the patriotic oath."

Today's Texas Rule of Evidence: Rule 504: Husband-Wife Privilege:

(a) Confidential Communication Privilege.

(1) Definition. A communication is confidential if it is made privately by any person to the person's spouse and it is not intended for disclosure to any other person.

(2) Rule of privilege. A person, whether or not a party, or the guardian or representative of an incompetent or deceased person, has a privilege during marriage and afterwards to refuse to disclose and to prevent another from disclosing a confidential communication made to the person's spouse while they were married.

(3) Who may claim the privilege. The confidential communication privilege may be claimed by the person or the person's guardian or representative, or by the spouse on the person's behalf. The authority of the spouse to do so is presumed.

(4) Exceptions. There is no confidential communication privilege:

(A) Furtherance of crime or fraud. If the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or fraud.

(B) Proceeding between spouses in civil cases. In (A) a proceeding brought by or on behalf of one spouse against the other spouse, or (B) a proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether the claim is by testate or intestate succession or by inter vivos transaction.

(C) Crime against spouse or minor child. In a proceeding in which the party is accused of conduct which, if proved, is a crime against the person of the spouse, any minor child, or any member of the household of either spouse.

(D) Commitment or similar proceeding. In a proceeding to commit either spouse or otherwise to place that person or that person's property, or both, under the control of another because of an alleged mental or physical condition.

(E) Proceeding to establish competence. In a proceeding brought by or on behalf of either spouse to establish competence.


(b) Privilege not to Testify in Criminal Case.

(1) Rule of privilege. In a criminal case, the spouse of the accused has a privilege not to be called as a witness for the state. This rule does not prohibit the spouse from testifying voluntarily for the state, even over objection by the accused. A spouse who testifies on behalf of an accused is subject to cross-examination as provided in rule 611(b).

(2) Failure to call as witness. Failure by an accused to call the accused's spouse as a witness, where other evidence indicates that the spouse could testify to relevant matters, is a proper subject of comment by counsel.

(3) Who may claim the privilege. The privilege not to testify may be claimed by the person or the person's guardian or representative but not by that person's spouse.

(4) Exceptions. The privilege of a person's spouse not to be called as a witness for the state does not apply:

(A) Certain criminal proceedings. In any proceeding in which the person is charged with a crime against the person's spouse, a member of the household of either spouse, or any minor.

(B) Matters occurring prior to marriage. As to matters occurring prior to the marriage.

"Groups paid for congressmen to travel around the world": Sarah Ovaska of The Monitor has this report.

Today at the Texas Legislature: No meetings are scheduled today at the Texas House of Representatives. No meetings are scheduled today at the Texas Senate.

"Tortured Reasoning. DOJ attorneys who advised the White House on military prisoner policy bear responsibility for the abuse scandals":

Legal ethics questions are often confused with questions of moral responsibility, but they converge on the issue of lawyers who advised the military that the laws of war did not protect prisoners captured in Afghanistan, says professor Stephen Gillers. Concluding that those lawyers bear ethical and moral responsibility for the current abuse scandals, Gillers writes, "... lawyers are free to say no ... But the lawyers here said yes."

Stephen Gillers of The American Lawyer has this report.

"Prayer an Admission of Guilt?": Ray B. Burton III of The Connecticut Law Tribune has this report.

"A Suit Based on Alleged Health Effects of the Atkins Diet: A Free Speech Issue Disguised as a Junk Food Issue":

FindLaw columnist and Brooklyn law professor Anthony Sebok, and FindLaw guest columnist and Fordham law professor Benjamin Zipursky, discuss a recent suit against the Atkins estate and Atkins Nutritionals, Inc., based on allegations that a reader and followers of Atkins's diet publications suffered severe adverse health effects. Sebok and Zipursky contend that, unlike recent "Big Fat" cases against the fast food industry, this suit raises serious First Amendment issues that will likely prove a barrier to its success.

"Lawsuit against pastor allowed": The Fort Worth Star-Telegram reports here that "[t]he 2nd Court of Appeals says the pastor can be sued because he used private information he received as a church member's secular counselor."

"Nichols' Lawyer: U.S. Torn by Executions": The Associated Press has this report.

"Ethics probe of DeLay sought. Democrat Bell plans to file complaint": The Houston Chronicle has this report.

Today's Texas Rule of Evidence: Lawyer-Client Privilege:

(a) Definitions. As used in this rule:

(1) A "client" is a person, public officer, or corporation, association, or other organization or entity either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from that lawyer.

(2) A "representative of the client" is:

(A) a person having authority to obtain professional legal services, or to act on advice thereby rendered, on behalf of the client, or

(B) any other person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communi-cation while acting in the scope of employment for the client.

(3) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation.

(4) A "representative of the lawyer" is:

(A) one employed by the lawyer to assist the lawyer in the rendition of professional legal services; or

(B) an accountant who is reasonably necessary for the lawyer's rendition of professional legal services.

(5) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.

(b) Rules of Privilege.

(1) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:

(A) between the client or a representative of the client and the client's lawyer or a representative of the lawyer;

(B) between the lawyer and the lawyer's representative;

(C) by the client or a representative of the client, or the client's lawyer or a representative of the lawyer, to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein;

(D) between representatives of the client or between the client and a representative of the client; or

(E) among lawyers and their representatives representing the same client.

(2) Special rule of privilege in criminal cases. In criminal cases, a client has a privilege to prevent the lawyer or lawyer's representative from disclosing any other fact which came to the knowledge of the lawyer or the lawyer's representative by reason of the attorney-client relationship.

(c) Who May Claim the Privilege. The privilege may be claimed by the client, the client's guardian or conservator, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the lawyer or the lawyer's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.

(d) Exceptions. There is no privilege under this rule:

(1) Furtherance of crime or fraud. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

(2) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transactions;

(3) Breach of duty by a lawyer or client. As to a communication relevant to an issue of breach of duty by a lawyer to the client or by a client to the lawyer;

(4) Document attested by a lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or

(5) Joint clients. As to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients.

"Reagan's Legacy: A Transformed Judiciary":

Like no president before him, Ronald Reagan invested his time and political capital in reshaping the judiciary, from the Supreme Court -- where he's responsible for four of the nine current justices' seats -- to the lowliest district court. While other presidents saw judgeships as a patronage tool, Reagan cast a shadow forward into history by naming judges who would mold the federal bench in his conservative image.

Tony Mauro of the Legal Times has this report.

"Highland Village men plead guilty in tax evasion, porn case": The Associated Press has this report.

"Fighting crime with gardens. Two Arlington women begin program to improve low-income neighborhoods": The Fort Worth Star-Telegram has this report.

"Inmate in restraining chair beaten": The Fort Worth Star-Telegram reports here that "[t]he Tarrant County Sheriff's Department is investigating how an inmate slipped into an isolation cell and beat another inmate who had been strapped into a chair after a suicide attempt."

"Silicone's long legal battle yields cash, few answers. Implant makers, recipients both maintain they were victims": The Houston Chronicle has this report.

"Court-ordered community service isn't just for celebrities. When it's payback time, local nonprofit groups profit": The Austin American-Statesman has this report which begins:

Jenna Bush did it at Mexic-Arte Museum, Austin blues king Clifford Antone at American YouthWorks, state Sen. Gonzalo Barrientos at the Austin Convention and Visitors Bureau.

Celebrities, crime and court-ordered community service are nothing new. But the rich and famous are hardly the only folks paying their debt to society in sweat.

Each year, thousands of Texans are sentenced to court-ordered community service through their local judicial systems.

"Debate slows adoption of electronic voting systems. Growing criticism has brought industry to a near-standstill": The Austin American-Statesman has this report.

Today's Texas Rule of Evidence: Rule 502: Required Reports Privileged by Statute:

A person, corporation, association, or other organization or entity, either public or private, making a return or report required by law to be made has a privilege to refuse to disclose and to prevent any other person from disclosing the return or report, if the law requiring it to be made so provides. A public officer or agency to whom a return or report is required by law to be made has a privilege to refuse to disclose the return or report if the law requiring it to be made so provides. No privilege exists under this rule in actions involving perjury, false statements, fraud in the return or report, or other failure to comply with the law in question.

"Porn mogul pleads guilty to federal charges. Prosecutors will shut down dozens of porn shops, including some in Central Texas": The Austin American-Statesman reports here that:

The U.S. government will shut dozens of adult video stores across Texas, including stores in Austin, Round Rock and eastern Travis County, after a Texas adult video store mogul and his son pleaded guilty in an Austin federal court Friday.

John K. Coil, 62, of Highland Village, a Dallas suburb, admitted mailing fraudulent tax returns and transporting obscene materials. Coil's 23-year-old son John A. Coil, also of Highland Village, admitted making false statements on a tax return.

"Porn mogul's plea will shutter adult video stores": The Associated Press has this report.

"Travis DA wins fight to keep secrets in investigation of GOP campaigns": The Associated Press reports here that:

The state attorney general has ruled that Travis County District Attorney Ronnie Earle need not publicly disclose details of his grand jury investigation into 2002 Republican campaign finance activities.

Earle is investigating whether the Texas Association of Business and a political committee called Texans for a Republican Majority, founded by House Majority Leader Tom DeLay of Sugar Land, violated state law by using corporate money to pay for candidate-related campaign activities.

Texas Attorney General Greg Abbott, a Republican, said in two extensive rulings that Earle, a Democrat, can ignore most of the open records requests filed by Texas Republican Chairwoman Tina Benkiser and TAB attorney Andy Taylor.

"Brothers on Trial in Texas Over Libya, Syria Trade": Reuters reports here that:

Five Palestinian brothers in Texas endangered the nation by selling computer equipment to Libya and Syria, prosecutors said in opening trial arguments on Thursday, but defense lawyers said they were innocent bystanders of the U.S. war on terrorism.

The Elashi brothers are charged in a 25-count indictment with export violations and making false statements about computer equipment sent by their company, InfoCom Corp., to Syria and Libya, through an intermediary in Malta.

"Anti-Arab crimes fall during '03": The Fort Worth Star-Telegram reports here that:

Reports of hate crimes against Arabs and Muslims in Texas have nearly returned to pre-9-11 levels after the second consecutive annual decline, a Department of Public Safety report shows.

Thirteen Arabs were hate-crime targets last year, compared with 19 in 2002, about a 32 percent drop. Four anti-Islamic crimes were reported last year, compared with 11 in 2002, about a 64 percent decline.

Hate crimes are offenses based on race, religion, gender, disabilities, sexual orientation, age or disability.

The downward trend surprised local Arab and Muslim leaders, who said they had expected the war in Iraq to incite hate crimes.

"SEC probes Halliburton subsidiary": The Fort Worth Star-Telegram reports here that "[t]he Securities and Exchange Commission is investigating allegations that a Halliburton Co. subsidiary was involved in paying $180 million in bribes to get a natural gas project contract in Nigeria. Vice President Dick Cheney was head of the oil services conglomerate at the time."

"ACLU to fund widow's suit against county": The Houston Chronicle reports here that "[t]he ACLU of Texas announced Friday that it would pay all expenses and otherwise support a lawsuit pending in federal court on behalf of the widow and 2-year-old daughter of a man fatally shot by a deputy constable after a traffic stop in 2002."

"Lawmaker appeals ruling, says election results flawed": The Associated Press reports here that:

U.S. Rep. Ciro Rodriguez asked a state appeals court Friday to reverse a lower judge's rulings and give him a chance to prove vote fraud occurred during his defeat in the Democratic primary election.

Rodriguez's attorneys asked a three-judge panel of the 4th Court of Appeals not to allow a "hypertechnical" reading of legal procedures to end his quest to overturn his March 9 loss to Henry Cuellar.

"Judge takes leave to 'regroup'. Decision to return toddler to mother ends in girl's death": "The associate judge who oversees a regional child protection agency has requested a leave of absence after awarding custody of a 2-year-old girl to her mother, who two months later was charged in the toddler's slaying." The Associated Press has the rest of the story.

"Grand jury doesn't indict former head of DNA lab": The Houston Chronicle reports here that "[a] Harris County grand jury on Friday declined to indict the former head of the Houston Police Department's DNA laboratory, who was accused of lying in his testimony in a sexual assault trial two years ago."

Opinions of the Texas Supreme Court: Today, the Texas Supreme Court released three published opinions. The first, Shell Oil Co. v. Williams, is available here. The second, Bostrom Seating, Inc. v. Crane Carrier Co., is available here. The third, a per curiam opinion on a writ of mandamus styled In re Dana Corp., is available here.

The weekly orders of the Court are available here.

Texas Supreme Court Advisory: Committee Studying Revisions to Code of Judicial Conduct to Meet Friday:

The Texas Supreme Court's committee to study judicial ethics will meet at 1 p.m. Friday (June 11) at the Jackson Walker law offices in Austin, Suite 1100 at 100 Congress Ave. Committee members, appointed by the Court to review of the Code of Judicial Conduct after the U.S. Supreme Court's 2002 decision in Republican Party of Minnesota v. White, will address possible changes to Canons 2 and 3.

The Court approved judicial ethics changes in 2002 following a study of the Minnesota decision by an ad hoc committee of law professors and constitutional scholars. At that time the Court renumbered select canons and made these substantive changes:

*struck Canon 5(1), which prohibited statements indicating an opinion “on any issue that may be subject to judicial interpretation” by the office a judge holds or a candidate seeks;

*amended Canon 3(B)(10) - prohibiting public comment on pending or impending proceedings that would suggest a probable decision in the case - to apply to judicial candidates as well as judges;

*amended existing Canon 5(2)(i) to prohibit pledges or promises regarding pending or impending cases, specific classes of cases, litigants or propositions of law “that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge.” This section becomes Canon 5(1)(i);

*added a new provision, to be Canon 5(1)(iii), prohibiting a statement violating Canon 3(B)(1);

*added a comment to Canon 5, warning that a campaign statement may raise questions of a judge’s impartiality “in the context of a particular case and may result in recusal.”

"Perry: Special session possible this summer": The Associated Press has this report.

"Gov. Rick Perry Declares Friday, June 11, as Day of Mourning for President Reagan. Orders State Offices Closed Except for Skeleton Crews, Flags Flown at Half Staff for 30 Days": The Governor's Office has this press release from June 7th.

Today's Senate Committee Meetings: No meetings have been scheduled.

Today's House Committee Meetings: No meetings have been scheduled.

Today's Texas Rule of Evidence: Rule 501: Privileges Recognized Only as Provided:

Except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority, no person has a privilege to:

(1) refuse to be a witness;

(2) refuse to disclose any matter;

(3) refuse to produce any object or writing; or

(4) prevent another from being a witness or disclosing any matter or producing any object or writing.

For the next twelve days, I will be posting to the rules on privilege found in Article V of the Texas Rules of Evidence.

"Pitching the Gen X Jury. As jurors get younger, law schools are thinking 'what would MTV do?":

The august trial lawyer's long-winded, eloquent opening statement may be going the way of the dodo. That's because the audience -- the jury -- keeps getting younger. Raised on video games and cable TV, 20- and 30-somethings want succinct statements and multimedia storytelling. So profound are the shift's implications that five law schools have developed new curricula in response. One expert calls the new reality "the third revolution of jury trial advocacy."

Lisa Brennan of The National Law Journal has this report.

"Mother May Claim Emotional Damages for Harm at Birth": Cerisse Anderson of the New York Law Journal reports here that "[a] New York state appeals court has ruled that a woman may sue for emotional suffering caused by alleged medical malpractice that caused her baby to be born with serious defects."

"Gay Marriage: the Personal, the Political and the Legal":

The legal implications of gay marriage keep reverberating coast to coast. This week alone, a judge tossed the conviction of a New York mayor who had legitimized the unions; California's high court agreed to review a suit over businesses' ability to discriminate based on marital status; and a Superior Court judge turned back an attempt to disqualify the entire bench from the marriage cases. Who are the players involved, and how did the courts reach this point?

American Lawyer Media has this report.

"Oracle Antitrust Judge May Unseal Evidence": "A federal judge is leaning toward unsealing much of the evidence companies want to keep secret in an antitrust trial examining Oracle Corp.'s $7.7 billion bid for rival business software maker PeopleSoft Inc. - a factor that could sway the case's outcome." The Associated Press has the rest of the story.

"Washington State Inmate Refusing to Eat": The Associated Press reports here that "[a] man jailed over accusations of setting a fire that seriously burned his stepdaughter has not eaten in more than four months and is fighting efforts to force-feed him."

"Critics of Lawsuits Bill Gird for Senate Battle": Reuters reports here that "[o]pponents of a bill to curb class-action lawsuits are gathering an arsenal of amendments to try to dilute or derail it, after efforts to stop it from reaching the U.S. Senate floor appeared to have failed, aides said."

"Supreme Court Asked to Uphold Phone Rules": The Associated Press reports here that "[t]he Supreme Court was asked Thursday to temporarily block an appeals court decision that struck down phone competition regulations requiring regional carriers to share their networks with competitors at deep discounts."

"Rehnquist Panel Launches Judicial Review": "A panel named by Chief Justice William H. Rehnquist and led by another Supreme Court justice said Thursday it would spend about two years on a study that will answer congressional criticism that judges have been lax in policing themselves." Gina Holland of the Associated Press has the rest of the story.

"A Little-Noticed Supreme Court Case Represents A Huge Injustice: The Court Refuses to Free A Man Serving Six Years on a Two-Year Sentence":

FindLaw columnist, attorney, and author Edward Lazarus discusses a recent Supreme Court decision that he argues deserves much more attention than it has attracted. As Lazarus explains, the decision involves a Texas trial in which a man was sentenced to 16 1/2 years in prison when, based on the facts and law, everyone concerned agrees that he should have been sentenced to a maximum of 2. Although both the federal district and federal appellate court have tried to correct this mistake, the U.S. Supreme Court has interposed delay -- and left the man, who has already served 6 years, languishing in jail for even longer. Lazarus asks how this could have occurred -- and whether the current Court has left common sense and compassion behind.

"Are Large Civil Fines For Minor Violations Unconstitutional? Applying Proportionality Standards Outside the Punitive Damages Context":

FindLaw columnist and U.C. Hastings law professor Vikram Amar, and FindLaw guest columnist and attorney David Reis, discuss an intriguing legal question: Given that the Supreme Court has imposed a proportionality standard for punitive damages, which cannot be too many times greater than compensatory damages, might it do the same for large civil fines? Amar and Reis discuss, in particular, the proportionality issues raised by a new California law that could lead to the imposition of multi-million dollar fines for minor violations.

There will not be any updates to the Texas Law Blog today.

Today's Opinions and Hand Down List from the Texas Court of Criminal Appeals is available here. The Court released seven published opinions (one on habeas corpus and six on State's petition for discretionary review).

Today's Texas Rule of Evidence: Rule 614: Exclusion of Witnesses:

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of:

(1) a party who is a natural person or in civil cases the spouse of such natural person;

(2) an officer or employee of a party in a civil case or a defendant in a criminal case that is not a natural person designated as its representative by its attorney;

(3) a person whose presence is shown by a party to be essential to the presentation of the party's cause; or

(4) the victim in a criminal case, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

"What An ACLU Suit Challenging An Important Section of the USA Patriot Act Tells Us About Surveillance and Secrecy":

FindLaw columnist, attorney, and author Elaine Cassel discusses a suit filed by the ACLU and a John Doe Internet Service Provider (ISP) against Attorney General Ashcroft and FBI Director Robert Mueller. The suit challenges a key section of the USA Patriot Act as being contrary to the First, Fourth, and Fifth Amendments to the Constitution. In addition, as Cassel explains, sealing orders and gag orders relating to the case raise their own important First Amendment issues.

"Reagan and the Courts: A Sober Assessment":

FindLaw columnist and Columbia law professor Michael Dorf discusses former President Reagan's legacy when it comes to both the Supreme Court, and the lower federal courts. Dorf assesses the Reagan appointee Justices -- O'Connor, Scalia, and Kennedy; Reagan also elevated Rehnquist to Chief Justice. He also argues that, when it comes to the lower federal courts, Reagan appointee judges have often exhibited a disappointing lack of the same compassion many praised in Reagan himself.

"Whistle While You Work. The Sarbanes-Oxley Act has become one of the most popular federal statutes for employee whistleblower complaints":

In its two-year existence, the Sarbanes-Oxley Act has become one of the most popular laws for employee whistleblower claims. The good news for companies is that the vast majority of cases brought under the act have been dismissed on legal grounds. The bad news: Employees have prevailed in half of the claims that have been heard on the merits so far.

Tamara Loomis of the Corporate Counsel has this report.

"Justices Asked to Broaden Anti-Bias Law. High court to consider Title IX case that would ban retaliation against those who complain about sexual discrimination":

Girls' high school basketball coach Roderick Jackson says he was let go for complaining about his team's unequal funding and treatment. Was he entitled to Title IX protection? The National Women's Law Center and the Department of Justice think so. They're asking the Supreme Court to review his case, which could expand Title IX to protect those who complain about gender bias but are not victims themselves.

Christine M. Garton of the Legal Times has this report.

"TxDOT heeds pleas for trees": The Amarillo Globe-News reports here that:

Trees can be a sore spot in the Panhandle - especially the elimination of 1,185 of them.

Proposing the removal of that number of trees along U.S. Highways 60 and 83 in hopes of improving safety earned the Texas Department of Transportation a lot of complaints.

"City denies record keeping claims in cemetery lawsuit": The Lubbock Avalanche-Journal reports here that "[t]he city of Lubbock denies charges in a lawsuit alleging poor record keeping led to misplaced bodies, headstones, graves and other improprieties at the City of Lubbock Cemetery."

"At last, prison medical study to begin. Critics say the systemwide review by Austin-based nonprofit is too little, too late": The Austin American-Statesman has this report.

"Dotson attorneys to seek psychiatric evaluation for client": The Waco Tribune-Herald has this report.

"Mexican officials: U.S. to cover costs of sending immigrants home": The Associated Press has this report.

"Clear Channel reaches indecency settlement": The Associated Press reports here that "[t]he Federal Communications Commission has reached a nearly $2 million settlement with Clear Channel Communications to resolve a number of indecency complaints that include shock jock Howard Stern, according to published reports."

"Mexican trucks face inspections at border":

Crawling along the hot concrete in the rectangular shade of an 18-wheeler's trailer Tuesday, federal safety inspector Robert Bain searched for leaky brake lines, loose lug nuts and bald tires.

This type of inspection, conducted at El Paso's Bridge of the Americas, will keep roads safe after Mexican trucks are given access to the nation's highways, U.S. Department of Transportation officials said Tuesday.

Federal officials scheduled the demonstration after Monday's U.S. Supreme Court ruling clearing the way for implementation of a North American Free Trade Agreement provision allowing Mexican trucks into the United States.

The Associated Press has the rest of the story.

"School finance panel sets goals, weighs options. Lawmakers say $6 billion in new tax revenue needed": The Houston Chronicle reports here that "[a] group of senators and representatives appointed to continue the debate on school finance decided Tuesday that at least $6 billion in new tax revenue will be needed to lower property taxes and provide new money for public schools."

"Perry is confident state will win suit, court will back him. Governor's prediction on suit draws fire":

Gov. Rick Perry recently predicted, in a private meeting in Dallas, that a lawsuit challenging the state's school finance law will fail because his appointees to the Texas Supreme Court won't force changes on the Legislature.

Perry said he knew where his appointees "stand on this" and was confident they wouldn't attempt to rewrite the school law, one participant in the meeting recalled Tuesday. As many as five of the nine court members could be Perry appointees by the time an appeal of the case reaches the panel.

The Houston Chronicle has the rest of the story.

"Statute could halt HPD perjury probe. Time limit on DNA lab charges to expire": The Houston Chronicle reports here that "[m]ovement toward a rare independent investigation of perjury allegations against the former head of the Houston Police Department DNA laboratory -- and possibly more of the Harris County criminal justice system -- could be halted next week when the statute of limitation on charges expires."

"Unusual sentences bring humiliation into legal process":

A Harris County woman convicted this week of neglecting her horses was to be given only bread and water for part of her jail sentence, while a man convicted of illegally dumping hazardous waste was to drink a concoction of the toxic sludge.

Sex offenders in Corpus Christi were ordered three years ago to put up signs in their yards and bumper stickers on their cars indicating their crimes. And a Michigan teenage rap fan was ordered in 2000 to listen to Wayne Newton for violating a loud-radio ordinance.

The use of unorthodox and attention-grabbing sentences has become more popular in recent years, as experts say judges around the country have begun seeking alternatives to simple incarceration, turning to humiliation, rehabilitation or punishments tailored to have an impact on a defendant.

The Houston Chronicle has the rest of the story.

"Friday set aside as Texas day of mourning for Reagan": The Houston Chronicle reports here that "Gov. Rick Perry has declared Friday an official day of mourning in remembrance of former President Reagan and has directed state agencies to shut down that day, except for skeleton crews."

"High Court Allows Holocaust-Art Lawsuit": The Associated Press reports here that "[a] California woman can sue to retrieve $150 million worth of family paintings stolen by the Nazis, the Supreme Court ruled Monday in opening American courts to World War II-era disputes the Bush administration had wanted settled diplomatically."

"Lone Star State quarters arrive at banks today": The San Antonio Express-News has this report.

Today's Texas Rule of Evidence: Rule 107: Rule of Optional Completeness:

When part of an act, declaration, conversation, writing or recorded statement is given in evidence by one party, the whole on the same subject may be inquired into by the other, and any other act, declaration, writing or recorded statement which is necessary to make it fully understood or to explain the same may also be given in evidence, as when a letter is read, all letters on the same subject between the same parties may be given. "Writing or recorded statement" includes depositions.

"Judicial Clerks Have Conflicts That Will Travel. Onus put on firms to screen former clerks from cases they worked on":

The New Jersey Supreme Court has declined to write a bright-line definition to govern potential conflicts by lawyers appearing before judges they served as clerks. Speaking for the majority, Justice Peter Verniero said that absent a definition of "personal and substantial" involvement in a matter, the best way to avoid trouble is for firms to screen the clerks-turned-practitioners from all work on cases they handled as clerks.

Henry Gottlieb of the New Jersey Law Journal has this report.

"Supremes Say Foreign Governments Can Face Suits in U.S. Courts. In separate case, justices strike 9th Circuit ruling involving Mexican trucks and NAFTA": Tony Mauro of the LEgal Times has this report.

"Did a Government Lawyer 'Aid and Abet' Possible War Crimes By Writing a Crucial Memo? The Controversy Surrounding Berkeley Law Professor John Yoo":

FindLaw columnist, attorney and author Julie Hilden discusses the subject of the protest at the recent graduation at the University of California Berkeley's Boalt Hall School of Law. About a quarter of Boalt graduating students wore red armbands to protest a memo co-written by law professor John Yoo at a time when he was working for the Bush Administration as an attorney in the Office of Legal Counsel. The memo opines that the Geneva Conventions do not protect suspected Taliban or Al Qaeda members. Students have claimed that by writing the memo, Yoo aided and abetted possible abuse and even torture. Hilden evaluates their argument.

"U.S. Markets to Shut Friday for Reagan": Reuters reports here that "[m]any U.S. financial markets said they will close this Friday to mark the death of former President Ronald Reagan."

"Court Nixes Ga. Ban on Tinted Car Windows": The Associated Press reports here that "[t]he Georgia Supreme Court on Monday threw out a law banning heavily tinted car windows because the measure did not apply to out-of-state drivers as well."

"Supreme Court to Consider Bankruptcy Case": "The Supreme Court said Monday it would consider whether people facing bankruptcy can prevent certain retirement savings from being used to pay their debts." The Associated Press has the rest of the story.

"Employers Lose Early Retiree Pension Case": The Associated Press reports here that "[t]he Supreme Court ruled Monday that employers cannot cut back on pensions for some people who retire early from one job and then go to work somewhere else."

"Judge Delays First Enron Criminal Trial": Reuters reports here that "[a] federal judge on Monday delayed the first Enron criminal trial until August, ruling on the day it was to begin that the case involving six defendants would take longer than he had originally anticipated. U.S. District Judge Ewing Werlein rescheduled the trial for Aug. 16 after conferring with lawyers for both sides in his chambers for nearly two hours."

"Bill Allows Mixing of Religion, Politics": "Churches that mistakenly mix religious and political activity would face reduced fines but keep their tax exempt status under a provision in a corporate tax bill the House is to consider this week." The Associated Press has the rest of the story.

"Activist to gather signatures for alcohol sales": The Lubbock Avalanche-Journal has this report.

"Perry sets Fridayasday of mourning": The Houston Chronicle reports here that "Gov. Rick Perry has declared Friday an official day of mourning in remembrance of former President Reagan and has directed state agencies to shut down that day, except for skeleton crews."

"3 days of bread, water for neglecting 2 horses. Former owner to spend 30 days in jail": The Houston Chronicle reports here that:

A 28-year-old Baytown woman convicted of neglecting her horses will begin a 30-day jail sentence with three days of bread and water, courtesy of Harris County Criminal Court at Law Judge Mike Peters.

"She's going to get more than her horses got," Peters said Monday, after signing off on the unusual jail terms for Melissa Dawn Sweeney.

Sweeney was convicted last Friday on two counts of cruelty to animals for severely neglecting the two horses she kept outside her trailer home in Baytown. Each of the misdemeanor charges could have landed her in jail for up to a year.

Instead, Peters sentenced her Monday to 30 days in the Harris County Jail, with the stipulation that for the first three, she must endure his judicially imposed diet of bread and water.

"Court clears way for Mexico's trucks. Concerns about polluting of U.S. cities rejected": The Houston Chronicle reports here that "President Bush can let Mexican truckers roll on U.S. highways without waiting for a study on how much their big rigs would pollute cities like Houston, the Supreme Court ruled Monday."

"Supreme Court gives green light to Mexican trucks": The Brownsville Herald has this report.

"Mexico trucks cleared to travel U.S. highways. Labor unions fear jobs will be lost": The El Paso Times has this report.

"Bush Wins Mexican Truck Safety Case": Anne Gearan of the Associated Press has this report.

"Court: Americans Can Sue Over War Crimes": The Associated Press has this report.

"Ruling opens border to Mexican trucks": The Associated Press reports here that "[t]he Supreme Court removed the last legal roadblock to Mexican trucks rolling across U.S. roadways, siding with the Bush administration today in a long-running dispute with labor union officials, environmentalists and consumer advocates."

"Fastening on Fastow. Information from former CFO could help defendants in Enron trial":

Federal prosecutors investigating Enron's fall are due in court today to try to win criminal convictions against former Enron employees. But the trial could be delayed by a defense motion alleging prosecutors waited too long -- until Wednesday -- to turn over exculpatory information from ex-CFO Andrew Fastow, who has been cooperating with the government. Defense attorneys say the information is vitally important and will undercut the prosecution's case.

Brenda Sapino Jeffreys of the Texas Lawyer has this report.

Bashman's Coverage of Today's Opinions from the United States Supreme Court: As always, Howard Bashman has coverage of today's opinions from the United States Supreme Court. The opinions, when released, will be available here. The SCOTUSBlog has this coverage of today's opinions.

"Legislators fearing a summer session": The San Antonio Express-News has this report.