"Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred." --- William O. Douglas

"The association promotes a way of wife, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in any prior decisions." --- William O. Douglas

DECISIONS OF INTEREST

U.S. SUPREME COURT ALASKA DEP'T OF ENVTL. CONSERVATION v. EPA, No. 02-658 (U.S.S.C. January 21, 2004) The Clean Air Act authorizes defendant to stop construction of a major pollutant emitting facility permitted by a state authority when it finds that the authority's "best available control technology" determination is unreasonable in light of 42 U.S.C. section 7479(3)'s prescribed guides. http://laws.lp.findlaw.com/us/ppp/02658.html

FELLERS v. US, No. 02-6320 (U.S.S.C. January 26, 2004) The absence of an "interrogation" did not foreclose the accused's claim that jailhouse statements should have been suppressed as fruits of the statements taken from him at his home. http://laws.lp.findlaw.com/us/000/026320.html

NEW YORK COURT OF APPEALS COLLIER v. ZAMBITO, 12 (N.Y. Feb. 17, 2004) No issue of fact was raised as to whether defendants knew or should have known of their family pet's alleged vicious propensities; knowledge of such propensities cannot be inferred from the mere fact that they kept the dog confined in the kitchen. http://caselaw.lp.findlaw.com/data/ny/cases/app/12opn04.pdf

SECOND CIRCUIT SWEDENBURG v. KELLY, No. 02-9511, 03-7089 (2d Cir. February 12, 2004) New York's Alcoholic Beverage Control Law violates the First Amendment insofar as it prohibits all commercial speech pertaining to the sale of alcoholic beverages directed to New York consumers by unlicensed entities. Its prohibition of the direct sale and shipment of wine from unlicensed wineries to New York consumers lies within the 21st Amendment and thus is exempted from the normal operation of the Commerce Clause. Ruling upholds a New York ban on the direct shipment of out-of-state wines to residents that found the ban to be an unconstitutional burden on interstate commerce. http://caselaw.findlaw.com/data2/circs/2nd/029511p.pdf

7th CIRCUIT MANNING v. MILLER (01/21/04 - No. 03-1762) Defendant FBI agents are not entitled to qualified immunity from plaintiff's charges because, prior to the actions that gave rise to this case, it was well established that investigators who withhold exculpatory evidence from a defendant violate that defendant's constitutional due process right. http://caselaw.lp.findlaw.com/data2/circs/7th/031762p.pdf

9th CIRCUIT ELLIS v. U.S.D.C. Court has ruled that judges can't nix pleas if they later decide they don't like the sentencing conditions included in the plea bargain. A divided en banc panel held that a Washington federal judge went too far in forcing a defendant, who was 16 at the time of the crime, to face first-degree murder -- a charge that the prosecutor and defense attorney had negotiated away. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

CONN. COURT OF APPEALS CARRUBBA v. MOSKOVITZ Quasi-judicial immunity is warranted for minors' lawyers because the threat of a suit may discourage them from taking positions adverse to the parents' interests. In what may be the first decision of its kind, the court ruled that a minor's attorney is entitled to qualified immunity from malpractice and other tort actions, because the job has judge-like duties. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

DOCUMENTS OF INTEREST

DONALD RUMSFELD v. JOSE PADILLA (January 16, 2004) The Cert. Petition Filed With The U.S. Supreme Court By The U.S. Solicitor General Seeking To Reverse A U.S. Court Of Appeals Ruling That 1) Declared Unlawful The Military Detention Of An American Citizen Whom President Bush Designated An 'Enemy Combatant,' and 2) Ordered His Release. http://news.findlaw.com/hdocs/docs/padilla/rumspad11604certpet.pdf

LETTER FROM U.S. SUPREME COURT CHIEF JUSTICE WILLIAM REHNQUIST (Jan. 26, 2004) Rehnquist Responds To Inquiries From Senators About The Possible Disqualification Or Recusal Of Supreme Court Justice Antonin Scalia From Vice President Cheney's Pending White House Energy Task Force Litigation. http://news.findlaw.com/hdocs/docs/scotus/rehnquist12604ltr.html

MASSACHUSETTS SUPREME JUDICIAL COURT ADVISORY OPINION ON GAY & LESBIAN MARRIAGE (February 4, 2004) The High Court Tells The Massachusetts Legislature That A Senate Bill Outlawing Gay And Lesbian Marriage, But Permitting Same-Sex "Civil Unions," Is Unconstitutional For Violating The Equal Protection And Due Process Clauses, And The Massachusetts Declaration Of Rights. http://news.findlaw.com/hdocs/docs/conlaw/maglmarriage20304.html

RICHARD CONVERTINO v. U.S. DEPT. OF JUSTICE, ET AL. (February 13, 2004) An Assistant U.S. Attorney Who Prosecuted A Terror-Related Case In Detroit Files A Whistleblower Suit Against The Department Of Justice, His Boss, And The U.S. Attorney General, Alleging That They Interfered With The Case And Compromised A Confidential Informant. http://news.findlaw.com/hdocs/docs/doj/convertino21304cmp.pdf

BRIEF RELIEF MATTERS

1. Nevada law as to employer negligence hiring supervisor.
2. North Carolina law as to legitimacy and use in New York inheritance case.
3. Article 78 appeal brief on revocation of pistol permit.
4. New York memo on pierce corporate veil.
5. Case law and statutes as to effect of DNR order in New York.
6. Issues as to elder care and Medicaid in New York and Florida.
7. New York foreclosure and bankruptcy.
8. New York liability for misrepresentation of size of property.