« Law - The Federal Register and the Indiana Register | Main | Law - Another records case heads to Ohio's top court; what about Indiana? »

Sunday, March 26, 2006

Law - Lawyers faint, become speechless, in stories today

"Lawyer Faints as Jury Acquits His Clients" is the headline to a brief story today in the LA Times. A quote:

Former Erie Mayor Rick Filippi and two of his business associates were acquitted on charges that they used inside information to benefit from real estate deals.

The verdict so overwhelmed defense attorney Leonard Ambrose that he fainted as the Washington County jury was announcing its decision on the first count against Filippi.

How Appealing points to this AP story today in the North Dakota Grand Forks Herald about an assistant attorney general who became speechless while presenting an argument before a panel of the 8th Circuit. Some quotes:
[North Dakota Assistant AG Charles] McGuigan handled most of the judges' questions after [North Dakota Assistant AG Dean] Haas became speechless early in his own presentation. After making a few remarks, Haas was able to speak only a few words at a time, standing silent at the lectern for about 20 seconds at a time before sitting down. He appeared to be stricken by stage fright.

"I've had quite a case of insomnia," Haas said. "I really apologize."
Haas retreated to a private room afterward, and a reporter was prevented from speaking to him. Bright said the lapse would not affect the case.

"You really had a good brief," [Appeals Judge Myron] Bright told Haas, referring to his court filing in the case. "You shouldn't be concerned."

The case itself is interesting:
The dispute is about North Dakota restrictions on out-of-state hunters that mainly affect duck and goose hunters, but also extend to pheasants and other types of game.

North Dakota gives resident waterfowl hunters a week's head start on the duck season, during which duck hunting by visitors is banned. The state charges visitors more for duck licenses and requires out-of-state hunters who own North Dakota land to buy a state license to hunt that land. Resident North Dakota landowners may hunt their property without buying a license.

Minnesota Attorney General Mike Hatch, U.S. Rep. Collin Peterson, D-Minn., and two Minnesota residents who own property in North Dakota challenged the laws in a federal lawsuit filed in Bismarck. U.S. District Judge Dan Hovland dismissed the case last June, and Minnesota appealed.

[Minnesota assistant AG Ann] Bildtsen argued Friday that the restrictions clash with the U.S. Constitution's protection for doing business among states, which is called the commerce clause, and its assurance that privileges extended to a person in one state also apply in another.

She said a property owner has a "fundamental right" to hunt his or her land. North Dakota's arguments rely on what Haas believes is each state's right to regulate hunting and fishing and to favor its own residents while doing so. Last year, Congress also approved a law saying it did not intend the commerce clause to apply to hunting and fishing regulation.

Posted by Marcia Oddi on March 26, 2006 08:28 AM
Posted to General Law Related