Word: levenson
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Kozinski's order comes at an interesting time in the Ninth Circuit. It was matched last week by an order by a fellow judge on the appeals court, who ruled that Brad Levenson, a public defender working for the federal courts, was entitled to back pay to cover costs associated with buying separate insurance policies he purchased for Tony Sears, whom he married under California law before last year's Prop 8 made gay marriage illegal there. That state constitutional amendment will itself be on trial beginning in January, when a U.S. district judge in San Francisco will hold...
...central to Polanski's late 2008 appeal. In February 2009, Los Angeles County Superior Court Judge Peter Espinoza, citing Polanski's fugitive status and refusal to appear in court in person, ruled against his request, but also indicated that he was open to arguments that misconduct had occurred. Laurie Levenson, a professor at Loyola Law School in Los Angeles who was at the hearing, says Espinoza "was open to the argument that Polanski should not have to do any more jail time and that the court had been wrong to renege on the prior deal." In July, Polanski's lawyers...
...efforts to arrest him, [but] they were unsuccessful. This particular effort was successful. I can't say anything more than that." Los Angeles prosecutors have confirmed that they will file an extradition warrant to enforce Polanski's return and they have 40 days to prepare it. Before the arrest, Levenson thought the courts would have been lenient: "I didn't get the impression that [Polanski] would have gotten slammed from the [Espinoza] court if he had voluntarily come back, but having been picked up the way he is I don't know what will happen. Whether the courts are going...
...Levenson doubts that the Swiss courts will intervene to that degree. "I don't think they can go behind the charges and challenge the conduct and the judge in California. They don't really have any facts to do that," says Levenson. "I think the most likely outcome is he's either coming back or he'll negotiate some kind of result with the DA's office...
...also face a maximum of three additional years served consecutively if the courts decide to charge him under California state penal code 3059 for leaving the state without permission. "I think it would be very unlikely that he would get that, but that's probably what's possible," says Levenson...