Monday, January 31, 2005

Me and the blog

So here is the deal.

I am not following current events these days. Somewhere between deciding I want a different sort of employment situation and the last election I just quit.

The only exception I have is the last case I have on appeal, which regardless of where I end up I want to continue as attorney of record, and the Harris county bible case. This will probably change, but it hasn't changed as fast as I thought it would, so really, who knows?

I guess one thing I would like to do in the interim is find a bunch of sites about art with dark colors, or art based on dark subjects so that my search engine traffic (not related to missspellings) can have an easier time finding what they are looking for. For all of you, thanks for visiting, but you would do better to search for Giger.

Wednesday, January 12, 2005

Sentencing guidelines are no longer mandatory

A la SCOTUS

"JUSTICE BREYER delivered the opinion of the Court in part, concluding
that 18 U. S. C. A. §3553(b)(1), which makes the Federal Sentencing
Guidelines mandatory, is incompatible with today’s Sixth
Amendment “jury trial” holding and therefore must be severed and
excised from the Sentencing Reform Act of 1984 (Act). Section
3742(e), which depends upon the Guidelines’ mandatory nature, also
must be severed and excised. So modified, the Act makes the Guidelines
effectively advisory, requiring a sentencing court to consider
Guidelines ranges, see §3553(a)(4), but permitting it to tailor the sentence
in light of other statutory concerns, see §3553(a). Pp. 2–26."
-from the syllabus

SCOTUSblog
How Appealing


Tuesday, January 11, 2005

Bible Has Been Removed.

No I'm not really back for good, but there is a Harris County bible update. Below is the relevant section of the docket:
Staley v Harris County Texas

1/10/05 COURT Order filed denying appellant's motion to stay final
judgment [4923977-1] in 04-20667, denying the motion of
Star of Hope Mission to intervene for purposes of appeal
[4925717-1], denying as moot the motion of Star of Hope
Mission for an order staying the district court's judgment
until district court rules on Star of Hope's motion to
intervene [4925717-2] in 04-20667 (EGJ/RHB) Copies to all
counsel. [04-20667, 04-20742] (pac) [04-20667 04-20742]

So the bible will be removed and Star of Hope will not be permitted to intervene. I can't find a written opinion but if I do I will post it.

According to the Chronicle, the bible has already been removed.

News:
http://www.chron.com/cs/CDA/ssistory.mpl/page1/2986672
http://www.kwtx.com/home/headlines/1186017.html
http://msnbc.msn.com/id/6810844/
 
Faith, here’s an equivocator, that could swear in both the scales against either scale; who committed treason enough for God’s sake, yet could not equivocate to heaven. O, come in, equivocator. -Shakespeare, Macbeth: 3.2.9-12