Saturday, January 25, 2003

As reported in the N.Y. Times and the L.A. Times (both sites requiring free registration) and in this CNN story, the U.S. Supreme Court has agreed to hear the Commonwealth's appeal of this Virginia Supreme Court case involving the First Amendment and the trespass policy of a Richmond public housing authority. The state supreme court agreed with the en banc Court of Appeals, which issued this opinion, which disagreed with the trial court and the original panel of the Court of Appeals.

By my count, the circuit court judge in Richmond voted for Hicks' conviction, the first appeals panel voted 2-1 for Hick's conviction (with the dissent of Judge Coleman), the en banc appeals court voted 6-5 for reversal (after Judge Coleman's retirement), and the Virginia Supreme Court vote was 5-2, so my tally among the Virginia judges is something like 8 for conviction, 11 against.

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