NY Ct. App. John Caher has this article in the NY Law Journal about Chief Judge Judith Kaye's request to be reappointed to the NY high court, even though she has only two years left until mandatory retirement. She was one of the four who joined the audacious decision in People v. LaValle, in which that court leveraged a minor procedural problem into the complete abolition of capital punishment in New York, despite the statute's clear severability clause. The author of that decision was recently replaced by a Pataki nominee. Another concurring judge will retire shortly and be replaced by a Spitzer nominee. We will find out in the pending case of People v. Taylor if respect for democracy outweighs stare decisis in the view of the new majority.

Terry Stops. Philly City Councilman and mayoral candidate Michael A. Nutter has a plan for cutting violence in the roughest parts of town -- more "stop and frisk" by police. Michael Matza of the Inquirer reports here. Nutter isn't worried about racial profiling of friskees. "Nutter says he worries more about the victims' 'profile' - mostly young, black and male." See generally Terry v. Ohio, 392 U.S. 1 (1968).

Crime in Mexico, et al.. Gary Becker has this post on crime in developing countries, prompted by a recent visit to Mexico City. Richard Posner comments here.

Texas Execution. Michael Graczyk of AP reports that the execution of Charles Nealy for killing Jiten Bhakta has been halted by the Texas Court of Criminal Appeals. The court concluded a further hearing was needed on a prosecutor misconduct claim.