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SCOTUS declines death row inmate's appeal

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The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.

In an order list issued today, the Supreme Court of the United States indicated that during its March 5 conference it denied certiorari in David Paul Hammer v. John D. Ashcroft, et al., No. 09-504, which involves the federal prison inmate being housed in Terre Haute. Even though a federal judge tossed David Paul Hammer's sentence in 2005, he remains on death row as the government is still deciding whether to re-seek execution.

The appeal involved Hammer's challenge to a policy adopted by the U.S. Attorney, which banned death row inmates from conducting in-person interviews with the media after Oklahoma City bomber Timothy McVeigh in 2000 appeared on "60 Minutes." Hammer sued in 2004, and in February 2006 then-U.S. District Judge John D. Tinder in Indianapolis granted summary judgment against him. A 7th Circuit panel reversed that decision in 2008, but last summer the full court affirmed Judge Tinder - who by then was elevated to the appellate bench but didn't participate in this decision. Attorneys appealed to the SCOTUS in October, but justices declined to intervene in the prison free-speech case even though 23 news media organizations had urged them to hear the case.

Originally sentenced to die in 1998 for the April 1996 strangling death of his cellmate, Hammer has been appealing that death sentence for a decade. He's gotten national attention for not only his appeals but also his prison behavior through the years. An insulin-dependent diabetic, Hammer attempted suicide the night before McVeigh's execution in 2001 by injecting insulin directly into his veins; later that year he also went on a hunger strike and refused food and insulin because of visitation problems.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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