George Zimmerman's lawyers have filed a petition for writ of cert in the 5th District Court of Appeals (available here) seeking to overturn the trial court's denial of its request to depose Martin family lawyer Benjamin Crump about his interview with Witness 8, the young woman who claims to have been on the phone with Trayvon Martin minutes before the shooting.

The 43 page petition is supported by a 271 page appendix which includes several transcripts as well as pleadings.

I think Zimmerman should win based on the waiver argument alone. I also don't think Crump comes close to being an "opposing counsel" in the case. In a criminal case, there are two parties: the Defendant and the State. Crump represents the family of the deceased -- that shouldn't make him opposing counsel. Nor does he represent Witness 8. Even if he were "opposing counsel, O'Mara explains why that doesn't prevent his deposition from being taken on the Witness 8 issue. [More...]

I'll be offline for several hours. Here's an open thread, all topics welcome.

Update: Forgot to mention, for those disappointed Richie Sambora won't be playing the upcoming leg of the tour with Bon Jovi, Phil X is filling in. He subbed for Richie in 2011 for a few months and is great. Here's a video. Bon Jovi's brother Matthew tweets the TMZ story about a feud is way off. No one has yet explained the "personal issues" involved, other than Sambora is clearly not in rehab. In Calgary, Bon Jovi told the audience he didn't know Richie wouldn't be coming until he got a phone call at 3:30 pm that day. He'll be missed, but it's still well worth keeping your tickets and seeing the show.

Again, this is an open thread, all topics welcome.

Not long ago, in response to Aaron Swartz' suicide, a bill was proposed to ease the draconian penalties for cyberhacking.

That has not stopped DOJ from supporting an alternative bill, now under consideration, that would increase penalties. A copy of the bill is here.

DOJ has been pushing increased penalties for cyberhacking for some time. See the 2011 Statement of Deputy Section Chief Richard Downing Before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. Details of the current law are in this 2010 Congressional Research Services report.

Via CNet, the DEA is complaining it can't access Apple iMessages with a pen register or wiretap order. Here's the text of the memo CNET obtained:

In 2011, Apple® Inc. developed iMessage®, an instant messaging service capable of sending plain text, pictures, movies, locations, and contacts. On February 21, 2013, the DEA San Jose Resident Office (SJRO) learned that text messages sent v1a iMessages® between Apple products (iPhone®, iPad®, iPod touch®, and iMao:ID) are not captured by pen register, trap and trace devices, or Title Ill interceptions. iMessages between two Apple devices are considered encrypted communication and cannot be intercepted, regardless of the cell phone service provider.

[More...]

Former CFO of Enron Jeff Skilling may get his sentence cut appreciably if a deal under consideration between his lawyers and DOJ goes through.

DOJ has sent a written notice to victims:

"The Department of Justice is considering entering into a sentencing agreement with the defendant in this matter...."Such a sentencing agreement could restrict the parties and the Court from recommending, arguing for, or imposing certain sentences or conditions of confinement. It could also restrict the parties from challenging certain issues on appeal, including the sentence ultimately imposed by the Court at a future sentencing hearing."

Skilling, who has served six years, has yet to be resentenced following his appeal that tossed a few counts. He is currently scheduled for release in 2028. Will the deal be for time served?

Both Skilling and Blagojevich are serving their sentences at FCI Englewood. Blagojevich is scheduled for release in 2024. I wonder if they are pals.

Details of Skilling's original sentence here. Posts explaining the ensuing twists and turns are assembled here .

Hours before President Obama arrives to give a speech advocating gun control, more than a dozen Colorado sheriffs held a rally supporting gun rights.

"While these dedicated county sheriffs stand here publicly for the rights of their citizens, the president later today will be hiding behind the walls at the Denver Police Academy, surrounding with a handpicked audience of gun-control supporters and police employees coerced (into attending) his political rally as he declares victory for the Denver Gov. John Hickenlooper," Smith added.

Smith accused Obama and fellow Democrats of exploiting the tragedies of deadly shooting rampages at an Aurora movie theater and Sandy Hook Elementary School in Newtown, Conn. He said a package of Colorado gun control legislation recently passed by Democratic lawmakers and signed by Hickenlooper would not have prevented those mass shootings.

Colorado just passed new gun control laws last week. Obama is trying to drum up support for changes to federal laws. I doubt he'll get it from Republicans here.

#StartMeUpWednesday is here. The Rolling Stones have been teasing today's 9 am announcement of their 18 city U.S. tour all week. There are billboards up in some cities, like Chicago. Las Vegas seems to have made it. I'm writing this before the 9am announcement so no one knows for sure which cities will be included.

If Denver doesn't make the list, I'll be:

To get the latest, head over to The RollingStones.com, Rolling Stones on Twitter, Rolling Stones on Instagram, Rolling Stones on Facebook, and of course, @GRRRegory [Update below]

It's about time. The Associated Press has dropped the term "illegal immigrant" from its stylebook. It explains:

The stylebook no longer sanctions the term “illegal immigrant” or the use of “illegal” to describe a person. Instead, it tells users that “illegal” should describe only an action, such as living in or immigrating to a country illegally.

Why did we make the change? The discussions on this topic have been wide-ranging and include many people from many walks of life. (Earlier, they led us to reject descriptions such as “undocumented,” despite ardent support from some quarters, because it is not precise. A person may have plenty of documents, just not the ones required for legal residence.)

[More...]

At TPM, Salil Kapur writes regarding the U.S. v. Windsor DOMA case:

I'll be busy at work the rest of the day. Here's an open thread, all topics welcome.

Arapahoe County District Attorney, recently elected George Brauchler, has advised the Court his office will seek the death penalty against James Holmes, charged with the Aurora theater killings.

Chief Judge William Sylvester's response: He assigned the case to another judge due to the amount of resources that will be necessary now that the death penalty is being sought. [More...]

I hope everyone is enjoying Easter Sunday.

You Tube is already in the spirit of April Fools. It has posted a video announcing that at midnight, it will go dark. It will be stop taking uploads for a decade -- the length of time it will take to decide which of the videos uploaded during the past 8 years is the best,

We've been thrilled with all of the diverse, creative entries we've seen so far, and we can't wait to begin the process of selecting the best video. We'll be announcing the winner in 10 years.

This is an open thread, all topics welcome.