9th Circuit finds California Prop. 8 UNCONSTITUTIONAL - Repub Candidates "outraged"

The US 9th Circuit Court of Appeals has declared California’s 2008 voter-approved ban on same-sex marriage, known as Prop 8, unconstitutional, concluding that the prohibition served no purpose other than to “lessen the status and human dignity of gays and lesbians.” The 2-1 ruling was narrowly written to limit its scope to California’s borders and possibly even avoid review by the U.S. Supreme Court, although homophobes and others who objected to the ruling vowed to appeal it to the Supremes. Gay rights and other human rights advocates, including Immigration Clearinghouse, applauded the historic ruling. Judge Stephen Reinhardt writing for the court said, “Proposition 8 operates with no apparent purpose but to impose on gays and lesbians, through the public law, MORE

 
Judge Susan Bolton - Arizona has no right to sue Feds over border control

In a ruling that could have repercussions across the nation in a positive way against the hideous and draconian copycat laws other states are adopting, Federal Judge Susan Bolton ruled that  Arizona has no legal right to sue the federal government for failing to secure the border Judge Susan Bolton acknowledged federal law directs the Department of Homeland Security to achieve “operational control” of the border. A separate law requires construction of at least 700 miles of fencing. But the judge said those are only goals, and Congress set no deadline for when the fence needs to be completed. Bolton said that means Arizona cannot seek – and she cannot grant – an order for the federal government to do MORE

 
[Updated] Murder condoned by US  District Judge David Briones as justice is denied Sergio Adrian Hernandez Güereca, for now!

Border Patrol Agent Jesus Mesa Jr, remember that name people. He is the Border Patrol agent in El Paso who got away with the cold blooded murder of 15 year old Sergio Adrian Hernandez Güereca on June 7, 2010. Until now, the Border Patrol has kept the name secret to protect the guilty. Border Patrol Agent Jesus Mesa Jr. murdered Güereca as the kid was standing behind a pillar on the Mexican side of the Rio Grande within site of the Paseo Del Norte bridge where witnesses videotaped the entire exchange. As usual, Border Patrol Agent Jesus Mesa Jr. claimed that Güereca was throwing rocks at him as he tried to detain another man who with Güereca, had been running back and forth across MORE

 
Righthaven Copyright Troll Lawsuit Dismissed as Sham

Court Finds Righthaven Had No Authority to Bring Claims Against Political Forum San Francisco – In a decision with likely wide-ranging impact, a judge in Las Vegas today dismissed as a sham an infringement case filed by copyright troll Righthaven LLC. The judge ruled that Righthaven did not have the legal authorization to bring a copyright lawsuit against the political forum Democratic Underground, because it had never owned the copyright in the first place. The Electronic Frontier Foundation (EFF), Fenwick & West LLP, and Las Vegas attorney Chad Bowers are defending Democratic Underground. “We are pleased that the Court saw through Righthaven’s sham assignment of the copyright and dismissed its improper claim,” said EFF Senior Staff Attorney Kurt Opsahl. “Today’s decision MORE

 
Gaxiola jury seated - Laine Lawless' "Motion to Quash" DENIED!

A jury of 7 males and 9 females have been seated in Pima County District courtroom of Judge John S. Leonardo for the trial of Albert Gaxiola, the third defendant in the Arivaca home invasion murders on May 30, 2009. Gaxiola, 43, is charged with two counts of first-degree murder in the deaths of Raul Flores and his daughter, 9 year old Brisenia Flores. He is also charged with the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery, the same charges his co-defendants, Minuteman Shawna Forde MORE

 
Anti-Immigrant Bills all but dead in Arizona for the year

Yesterday, Ninth Circuit Court of Appeals in San Francisco upheld the injunction against Arizona’s SB-1070 anti immigrant bill, as it should have. According to CONSTITUTIONAL LAW PROFESSORS BLOG The Ninth Circuit held that the US had a likelihood of success on its federal preemption argument against these four sections based on the federal government’s claim of preemption under the Supremacy Clause, Article VI…… As to section 3, Judge Paez found that Arizona’s state criminal provision that “a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation” of federal law, is not authorized by federal statutes and “plainly stands in opposition to the Supreme Court’s direction” regarding field preemption. Section MORE

 
Ninth Circuit Court of Appeals Rejects Gov. Brewer’s Challenge, Upholds Injunction of SB 1070

FROM F I R M Today the 9th Circuit Court of Appeals refused to lift an injunction on the most controversial aspects of SB 1070, including the provision that required police to verify the immigration status of anyone they suspected of being undocumented. TPM reports: The Ninth Circuit Court of Appeals on Monday struck down Arizona Gov. Jan Brewer’s appeal of a preliminary injunction against the state’s controversial immigration law, upholding the decision by a District Court judge to block key parts of the law until the Justice Department’s lawsuit against it is decided. The ruling represents a significant assertion that it’s the federal government’s responsibility, not the states, to enforce immigration laws. Again, Gov. Jan Brewer and her allies MORE

 
9th Circuit upholds $87,000 assault verdict against vigilante rancher Roger Barnett

The 9th U.S. Circuit Court of Appeals has upheld a 2009 ruling against Arizona rancher Roger Barnett, forcing him to pay about $87,000 in damages related to his assault of illegal immigrants on his ranch in 2004. The court ruled Thursday that Barnett was not entitled to claim self-defense because he admitted that none of the illegal immigrants had threatened or attacked him. In February 2009, a federal jury issued a split verdict in a case against Barnett stemming from the 2004 incident. The jury found that he didn’t violate the group’s civil rights and that he wasn’t liable on claims of battery and false imprisonment. But the jury found him liable on four claims of assault and four claims MORE

 
Minuteman Shawna Forde Trial - 4th suspect identified at the 11th hour?

I ought to change the title of this post, and I probably will. The upcoming trial of accused Minuteman child killer got off to an unexpected start Thrusday afternoon during a final status conference before Judge John Leonardo. Defense attorney’s were given FBI documents under discovery that suggested there was information floating around about the alleged 4th man in the murder of 9 year old Brisenia Flore and her father Raul. This having come from one of the FBI informants, (read that Colorado Minutemen) who snitched Forde out to the Feebles.

 
Laine Lawless filed bogus ethics complaint because "Eric Larsen wasn't nice to me"

Accused Minuteman child killer Shawna Forde told Judge John Leonardo Monday, that she had nothing to do with the Arizona State Bar complaints filed against her attorneys recently and knew nothing about them until about a month after they were filed. Speaking by telephone from the jail, when asked if she was pleased with the representation of Eric Larsen and Jill Thorpe, Forde responded, “Absolutely 100 percent, and I always have been.” Forde chose the telephone hearing so she would not have to appear in Court since the victims wife and mother have positively identified her as being present the night of the murders of Raul Flores and his 9 year old daughter Brisenia. Forde also advised the Judge that MORE