>> this is the the subject property and the appellants home here this is lot 12 and this is lot 12 a and the history is in 1940 after a road was cut to the golden gate bridge these lots were divided but not until after the the subject property u subject structure was built one owned the lot and built the existing appellants property long before in 1939, 1940 built the structure after that was dub after the same owner that happened to design this property that owner decided to split the walk intentionally creating the sub standard conditions for both properties this tina separation between the two now they were allowed to do this because the building department imposed a asking 40 permit to construct this property there's a restriction and on the overhead you see it note on the permit to construct mr. boskovich will talk about that requiring the separation is between the properties so the applicant comes here to destroy that decoration was the condition of constructing their house this is the old adage ask for a cookie instead of a crone i'm happy to address that i'll mention the vari

>> this is the the subject property and the appellants home here this is lot 12 and this is lot 12 and the history is in 1940 after a road was cut to the golden gate bridge these lots were divided but not until after the the subject property u subject structure was built one owned the lot and built the existing appellants property long before in 1939, 1940 built the structure after that was dub after the same owner that happened to design this property that owner decided to split the walk intentionally creating the sub standard conditions for both properties this tina separation between the two now they were allowed to do this because the building department imposed a asking 40 permit to construct this property there's a restriction and on the overhead you see it note on the permit to construct mr. boskovich will talk about that requiring the separation is between the properties so the applicant comes here to destroy that decoration was the condition of constructing their house this is the old adage ask for a cookie instead of a crone i'm happy to address that i'll mention the varian

great hear from the appellant 3 minutes. >> good evening, commissioners my name is greg i'm the attorney for appellant marilyn you want, of course, to know what we've been doing last friday, i sent a proposal to mr. kev with a settlement that will resolve the situation yesterday morning a counter offer and yesterday afternoon he responded to his offer we're down to one issue between the two of us and with that issue resolved we in fact, could have a resolution of this hearing. >> but we don't have time to do it now i just met with the gentleman and his client outside of the hearing room in order to try to get his agreement to postpone this hearing to have enough time to resolve the issue the client wouldn't agree going forward i - the one issue has to do with with privacy it is no question the last hearing the entire case was about the second story deck that would otherwise impede any clients privacy and that was the whole reason for the request for a variance that there would be a second floor deck the applicants children will be able to play the zoning administrator said in fact, the i

the appellant you have three minutes for rebuttal if you would like. so if it is neglect and i would not take days off to come up to the city, i have a full time job, and i take the kaz off to come up here to talk to you guys, to go to the department to explain my situation. and you also the covering of the plywood was never written anywhere, and so i did what i could and i said i barricaded the system, and so like, i am put nobody told me to say that this is how putting the mrood wood on top of it is the way to do it. right? i put a board on the door so that no one could gain entry. and i did what i could. and, so, well, yeah, so i guess that the permit is not in the system yet. i signed the contract october tenth, because as i told you, there are not a lot of contract --. >> you know, maybe, to assist you here that the contract you signed is with the engineer not with the contractor. >> that is the contractor. >> yeah and the contractor is patrick law. >> and the structural engineer, doing the design. >> for the contractor. >> okay. okay. >> which is

the appellant you have three minutes for rebuttal if you would like. so if it is neglect and i would not take days off to come up to the city, i have a full time job, and i take the kaz off to come up here to talk to you guys, to go to the department to explain my situation. and you also the covering of the plywood was never written anywhere, and so i did what i could and i said i barricaded the system, and so like, i am put nobody told me to say that this is how putting the mrood wood on top of it is the way to do it. right? i put a board on the door so that no one could gain entry. and i did what i could. and, so, well, yeah, so i guess that the permit is not in the system yet. i signed the contract october tenth, because as i told you, there are not a lot of contract --. >> you know, maybe, to assist you here that the contract you signed is with the engineer not with the contractor. >> that is the contractor. >> yeah and the contractor is patrick law. >> and the structural engineer, doing the design. >> for the contractor. >> okay. okay. >> which is

your premise which is being a lawyer isn't critical but there is a difference between trial and appellate lawyer. >> there is an enormous difference and the important thing is the trial level is to build a record. >> and to know how difficult that can be. >> yes. >> rose: when you decide cases do you think about, i mean are you looking and saying we have to do what the law tells us. looking at precedent and looking at the constitution, but do you also say to yourself, what's going to be the impact on people, these decisions that we're making? >> well, i think those two are entirely harmonious, when the constitution says nor shall any person be deprived of life, liberty or property, nor shall any person, nor shall any person be denied the equal protections of the laws. the constitution tells us to think about the individual. and the rights that the individual has. so i don't think there's anything-- . >> rose: but it's not an abstract, it's a reality in terms of. >> well, it's inescapable for us to be aware of the impact of our discussion. in virtually every case, of any significant social

and franklin roosevelt appointed the first woman to the first federal appellate court in 1936.he stepped down the year i graduated from law school and then there were none. and johnson appointed hufstettler and became the first secretary of education and then there were none again. so i didn't think about being a judge until until clinton became president. and looked around at the federal bench and said, you know, they all look like me, but that's not how the great united states works. he was determined to appoint members of minority groups and women in numbers, not as one of the time curiosity. he appointed over 25 member to the federal district court and the trial bench and 11 to courts of appeals and i was one of those lucky 11. no president, by the way, ever went back to the way it was. president reagan didn't want to be outdone, so he made a nationwide search for the first woman. charlie: sandra day o'connor. when she left the court and alito came on, it marked a change in the court, because she was gone. >> i have said more than once that the term that she left, whenever

the job of a judge in an appellate court is, in an opinion, to explain the reasons why he or she reached this opinion. now, i don't think that calls for or requires what you might be able to do in terms of great phrasing. if you can do that, it can be an advantage. what i meant -- when nino and i -- and i miss nino, i do -- we would appear together, and

>> this is the the subject property and the appellants home here this is lot 12 and this is lot 12 ary is in 1940 after a road was cut to the golden gate bridge these lots were divided but not until after the the subject property u subject structure was built one owned the lot and built the existing appellants property long before in 1939, 1940 built the structure after that was dub after the same owner that happened to design this property that owner decided to split the walk intentionally creating the sub standard conditions for both properties this tina separation between the two now they were allowed to do this because the building department imposed a asking 40 permit to construct this property there's a restriction and on the overhead you see it note on the permit to construct mr. boskovich will talk about that requiring the separation is between the properties so the applicant comes here to destroy that decoration was the condition of constructing their house this is the old adage ask for a cookie instead of a crone i'm happy to address that i'll mention the variance are holde

appel, 30 seconds. soon after the election i think it would be a very good thing for congress to find a way to assist and encourage those 10 states that primarily use touch screen machines and they switch to optical scan machines. there many state darts in our american elections which have been explicitly discussed in this hearing in both have to do with the inherent transparency of the canvassing process in many states in the most dates were the result are announced in each precinct depending on how many votes each got in each precinct. they can see for themselves that those numbers add up to what the election officials are reporting in the precinct by precinct totals and that's a safeguard against the computer and county central to might be adding up those precincts. we should encourage measures that election participators are making transparent to precinct by precinct numbers in a way that we can see that they add up. >> secretary kemp. with the chairman yield per minute text to mr. appel's point, be

now it's ridiculous to have an appellate judge without experience.i had argued cases but never been a trial judge, certainly. and the senior, one of the older judges said to me, since you don't have -- since you've never been a trial judge you should volunteer to conduct trials in the district courts in the first circuit. so i do that. i've been doing trials for the last 35 years. i have recently did a criminal trial. i don't know why it was delayed so long. real eye-openers. a lot of these trials have been jury trials and most of them pretrial, settlement, everything the district judges do, much reduced frequency. i think all appellate junls who haven't been trial judges should be required to conduct trials because if you've never conducted a trial, you really don't understand a lot about the process. you've never watched a jury and you haven't seen witnesses, you haven't understood how difficult it is to tell whether a witness is telling the truth. you know, there's this myth that through cross-examination and the jury to learn whether someone tell

judge appellate court has already ruled wisconsin's voted id requiremt constitutional. buthe judge did say he was dissapointed the state's inadequate training for dmv workers. peterson has ordered attorneys for ordered attorneys for the state and for one wisconsin institute to return to court today... to develop new handouts for the public describing the voter i-d process. live...pz... tmj4 october is national domestic violence awareness month. tmj4 has partnered today's tmj4 has partnered with the sojourner family peace center for a phone bank.volunteers from sojourner will be taking calls to help victims of domestic violence or anyone who knows someone who needs help.the phone bank will be next monday, october 17th from four to seven p-m. the green bay packers are putting on a youth outreach camp at olympia brown elementary school in racine today.about 300 kids are expected to participate in a series of drills including a relay race, throwing a pass there are two sessions this morning, one at1 d the other at 115. upext on live at daybreak on today's tmj4--two big mall

and when he made her secretary of education, then there were no women on any federal appellate bench. he determined to change that. if he had a vacancy, there is no doubt he would have appointed shirley hufstedler. >> rose: so you moved to d.c. marty comes to d.c. >> yes. >> rose: gets a job as professor at georgetown, is a tax lawyer. describe -- i mean, he was a pretty good tax lawyer. >> i would say in my not totally unbiased opinion that he was the best tax lawyer in america. >> rose: other people have said that. i love his sense of humor. he described himself as having a professional life devoted to protecting the deservedly rich from the predations of the poor and downtrodden. ( laughter ) and ross perot wanted to endow a chair and he couldn't get him to the idea. so ross perot said, i think the story goes, i'm going to create a chair for him, i think it was maybe -- >> oral roberts, yes. we wouldn't tell. ross said he wants to set up the martin ginsburg chair, wants us to pick the school. in the jewish religion, we don't name things after people until after they're dead. he sai

we don't want the public to get the impression that an appellate that is thea debate superior advocates. that is not at all what it is. the written component is ever so much more important. charlie rose: this conversation has been about the past, and not the future. i would not ask about court cases coming up, because you would not tell me. but you do see more speeches, morris -- more appearances. i have interviewed a lot of judges -- justice rehnquist, justice breyer, justice scalia, and others. i think it is good idea to understand who these people are that have the power to impact our lives, and to understand how they see their world and understand. obviously, we don't want vote,es telling us how to we don't what justice is right and wrong about everything. we do want to know whether -- where their legal mind is, and what shaped it. your relationships on the court. all of that. it seems to me to make for a more richer understanding of the court. justice ginsburg: i would like to mention that one tremendous o'connor,r is justice with her civics program. nowadayschool children -- they

with a form or like to approve in principle this and then we presents to you here on behalf of the appellant that shoulders we should come back with a better foreman. >> on the agendas we'll discuss that and vote. >> we have other opportunities. >> so i think this works. >> (multiple voices). >> whatever final copy we'll come back with a final opportunity. >> exactly those were on the principles on which to half the department is operating the public should be aware we're looking at the promises /* principles. >> any further comments. >> the only comment i thought i can't remember this came out in the last two years something on the public health mission pushing and i can't remember if, in fact, there was a chapter in under that dealt with that on or about you may want to check that i could be absolutely wrong i didn't flag that that way. >> i'll look at that. >> it might be worth looking. >> also the board is recommending this code or a code. >> my understanding it could be a coincide node specifically this one but this seems to be the one that is the most comprehensive in terms of it being

not plan to file any more appeals on deflategate case saying after consultation with tom brady and appellate council, we have decided to not pursue additional appeals in this matter. in other words, after near low two lo once and for all over for good and pats fans now looking to sunday more than ever. >> can't wait for it. i'm super stoked. person looking forward to brady's return is julian edelman and told reporters after the game looking forward to having the leader back on the field this coming sunday and hear from him coming up in half hour from now at 9:30. live at gillette stadium, i'm >>> motorcyclist hit him after the patriots game and fox25 catherine parrotta live outside boston medical center and we are learning more about how serious those injuries are. >> catherine: state police captain was here and a little bit earlier this morning that he suffered from the force of the impact itself and also had some cuts and bruises to his face and head. now, the suspect in all of this, motorcyclist, he was taken police say all of this started when motorcyclist was trying to get away from the

something that is an everyday workhorse, find a producer really well known for making a higher end appellation wieb and get their -- wine. >> reporter: don't shy away from champagne. >> when you're celebrating, i it's refreshing when it's hot, but it's great on the holiday table as well. >> reporter: and if you any other questions, you know where to find him. >> kevin shared some really information about grocery store wines. where they come from and why every store seems to have >>> flashback friday, the last friday before halloween. a clip of a 1953 film on highway to throw a great halloween party. encyclopedia britannica films in collaboration with willard alhambra from arizona state. >>> keeping your kids safe this halloween starts with knowing where they are. >> there are apps for that you can your kids leave that area, you get an alert. you want to know where most of the kids are you love all-day breakfast. i love all-day breakfast. but you don't love that you can't get all your favorites all day. i don't love that. but now you're gonna love that you can get more all day. like mcgriddles.

will the appellate division this time -- as newly discovered evidence, tha the test.s. >> how complicated is it when a testimony that might have been used to help convict someone, many years later or even after the fact is is then recanted, what about the believability of the recanted statement as opposed to the original statement that furor indicts somebody? >> right. the mother-in-law first said he didn't and she said he didn't. i see no value in her testimony. the fact is though that you need to look and i think this is where prosecutors are going to go. again, i've looked at different states. it may be out there. i haven't one court that buys the theory that's being advanced by the defense here and while he should get the hearing, fredricka, i don't think it's going to be successful. >> wow. and so, richard, what do you think? >> at minimum, fred, at a minimum, have the defense have this alternate theory and presented it at trial, it could have raised reasonable doubt in front of the jury. you've had two conflicting experts with their diagnosis. that's reasonable

chief justice mark hecht and brent appel need a simple majority of votes to stay on the bench. but they aren't campaigning because they say politicking should stay out of the courts. americans are expected to spend a record 8 point four billion on halloween costumes and decorations this year. no shock, balloons etc. & the costume emporium says this is its busy season. workers say people usually come to the store in downtown cedar rapids with an idea in mind. but possible. the shop says the stream of customers in the final weeks before halloween has been steady, this year. "22:39, "most people seem to tend to not know what they want to do until the last minute so the last 3 days have been really busy for us." " tonight at 10, find out which costumes are fan-favorites. and if politician- themed getups are among them. while we're on the topic of halloween--- are ghosts real? pretty divisive question. this evening, we talk with cedar rapids investigations about some of the strangest sights and sounds members have seen. tv nine's brea love will have that story on the kcrg-tv nine ne

he specializes in appellate and civil litigation. his supreme court cases have included nfib versus the constitutional challenge to the affordable care act. he served many positions in the department of justice. at the beginning of his clear, he clerked for justice clarence thomas, at the supreme court and both court of appeals in the d.c. circuit. >> thank you, ramesh. welcome, everyone and thank you for coming. a lot of the cases touch on race. ted mentioned the redistricting case and i will talk about a couple more. one is rodriguez versus colorado which is about racial bias in jury deliberations. there is a rule called the no impeachment rule which is a rule of evidence that says jurors cannot testify about jury deliberations in order to impeach a verdict. it is codified in the rules of evidence in most states. this case involves a sixth amendment challenge to the rule where the defendant seeks to put in compelling evidence of racial discrimination in the deliberations. the facts of this case are about as bad as could be for the

. >> and that thought was about all he had left, faith in god and a good appellate lawyer.this case, bob. >> in my 22 or 23 years of being an appellate defense attorney, rick gagnon was one of only about two or possibly three people that i genuinely believed was innocent. >> that certainty would mean exactly nothing to an appeals judge, unless bob and rick could come up with new evidence. then in 2009, a year after his verdict, rick had an encounter in prison with yet another inmate. >> and it was all like excited about something. >> authorities in tennessee, the prisoner told rick, had just arrested someone for a home invasion there. >> he told me, they identified the killer. >> that man's name was bruce hill. when tennessee authorities ran his dna through the database, they had a match to the mystery blood found at the parker crime scene. in 2011, a jury convicted hill of the murders of big charlie and diane. his motive for the crime was never firmly established. >> who is bruce hill? do you know that name? >> no. >> ever see him at the farm property, on job sites? >> no,

years and both federal and state courts around the country this sentence a statement calling from appellant in the firm a trusted colleague and close friend it is a mystery who killed a family man who loved singing the arts and traveling the police department now was hoping that there is some business in the area better equipped with surveillance cameras that might have caught something that happened on thursday night. >>catherine heenan: >>pam moore: the shutdown to responsible our hometown buffets low as santa clara county it is located in for a way that capra avenue a sign on the door is posted that tells customers the restaurant is temporarily closed for the day and does not say anything about burma and but the public health parma did confirm there was evidence of furman at this location we're told the this san jose location is one to reopen for business tomorrow we did try to talk with the employees what they would not comment asked to accident terrible traffic and the two videos are looking at shows the slocum you on the bay bridge drivers across the bay had a difficult time getting a

judge james peterson did not do appellate court has already ruled wisconsin's voted id requirement constitutional. but the judge did say he was dissapointed the state's inadequate training for dmv workers. peterson has ordered attorneys for the state and for one wisconsin institute to return to court today... to develop today... to develop new handouts for the public describing the voter i-d process. live...pz... tmj4 breaking overnight:two boston police officers are in extremely critical condition overnight. we're told the suspect is dead.police say they officers were called out to a domestic dispute.... and a report of someone with a gun. when they arrived on scene... they came under fire. they fired back... hitting and killing the suspect. both officers are in very critical condition this morning. the only surviving suspect in last november's terror attacks in paris is without a lawyer this morning. saleh abdeslam plans to invoke his right to silence... and if he won't solitary abdeslam is in solitary confinement near paris.the attacks killed 1- hundred-30 people. one of two men accused of sta

the appellant has correctly restated in the planning code section 305 that it does look to the whetherr not the hardship was contributed to the applicant or the owner of property it was not created or attributable to the building constructed well been before the property owner bought the property in 2012, the situation was a created lawfully at the planning code has changed over the years the buildings are now non-complying and in terms of of the impacts on the neighbors i stated i had concerns with the project as it was previously proposed and building that has a negative impact that was significant on the neighbors the code dpa call for a variance to mitigate all the impacts from development but whether or not a detrimental impact and given how they've provided the project my understanding it is 3 feet away from the property line not the triggering the closing of the property line window non-conforming and on the appellants property that is my understanding and perhaps joe duffy dbi can add further information to that i'm available to answer any questions. >> i'd like to carry one of

was my first appellate argument. i was nominated to the s.g. position, for whatever reason, because you know i had not done an appellate argument and to your first one be at the supreme court, to have your first one be of the importance united, i was pretty nervous. and making me even more nervous, had gone up toi the court because the day before investiture was the of justice sotomayor and the clerk of the court, justice looking to be nice, making conversation, and he said what will be on the bench for the justices when , this is to the podium what the justices look at and what the justices look at is with your pages standard biographical material youwho's made a motion for to be a member of the supreme court bar and things like that but attached to it is a list of the supreme court arguments you have done in the past. me this pile of papers and there were three arguingwyers who were that day and the pile of papers, the first one is ted olson and goes on and onf and you're flipping pages and you see 90 arguments and the one was ed waxon and he

exciting to get tom back appeals in the deflategate case saying after consultation with tom brady and appellate council we have decided not to pursue additional appeals in this matter. in other words, after two long years deflategate once and for all over for good and pats fans now looking forward to sunday more than ever. >> i can't wait for it. i've super stoked >> jessica: julian edelman looking forward to having the leader back once and for all. jessica reyes, fox25 news. >> sara: this morning a state trooper is still in the hospital after a motorcyclist hit him after the patriots game. fox25 catherine parrotta is live outside boston medical center. catherine, we are learning more how serious the injuries are. >> catherine: trooper kept and past hour, he suffered some blunt force injuries because of just the impact of this whole collision in and of itself and also had cuts and bruises. as for the motorcyclist, he was taken to beth israel hospital and police say all of this happened because that motorcyclist wouldn't stop for them. >> unfortunately state trooper and hope he is okay. >> cathe

there are others who say we should call it the united states of appellation. there is something to be said for the fact that the scots irish culture is unique and regionally distinct but it also is spread far and wide and has effect on -- effects on other parts of america. host: other authors have written, the statistics on what ethnic group contribute most to the american armed forces forces, it is the scots irish. i take great pride in this. i have to point out that door leading characteristics which i learned long before i read hillbilly algae is being drunk and violent. we made great pioneers. perhaps because people could not stand as so we had to keep moving west. mr. vance: i thought you said your family was not like mine. there is a lot, of drunkenness. a lot of violence in it. i compare that to fishtown. fishtown is philadelphia, working class community in i -- that it" as use for the label for change. there is also a couple of good books that have been written about fishtown. one was a phd dissertation that i quoted in "coming apart" and another book

from overfishing to deforestation and climate change, they warn if nothing is done, the wildlife appellationsall by two thirds by 2020. but some conservationists say the way the data is presented, it does not give the full story. >> it is true the overall index is declining, but the overall measures are aggregated from many different places and at hides important differences between different species, different parts of the world and between different habitats. reporter: there have been some successes. world tiger numbers have risen for the first time in a century and now giant pandas are no longer classified as endangered. but it will be difficult to reverse the problems on such a large scale. host: our behavior is killing the animals that we share the planet with. now to some escapism and what sounds like a dream job. on the island of hawaii the art of lei making is carried out. one woman grew up learning to do it from her grandmother, a master of the craft. now she is making sure the tradition survives. we went for a lesson. ♪ aliana and i am a young lei maker. this is an expression of alo

an appellate court stays his indication indefinitely pending a review of new evidence in the murder of stacey stites. kxan investigative reporter is intently following the case. what do you think as far as his innocence, guilt, or is it unclear? >> i can't be sure, but i think that the amount of evidence that the defense team has brought, a lot of people believe it warrants a retrial for reed. >> reporter: in court papers, rodney alleges stacey's own fiancee, jimmy fennell, might be the killer, even though he was long ago ruled out as a suspect. his attorneys say the existing evidence raises a healthy suspicion that jimmy fennell and not mr. reed committed the with something i had nothing to do with. >> reporter: the state of texas as there is no dispute. rodney reed is the killer. have you respond to people say that rodney reed did not kill stacey stites? >> they need to read the evidence, read the file, look at the evidence, because it speaks for itself. none of the evidence that has developed since trial has lead us away from that conclusion that he is guilty of this crime. >> repor

a federal appellate court struck that law down as violating the constitution. the obama administration is asking the supreme court to take a look at it. >> brown: and some very high profile-- there's a transgender case -- >> this is in the wings, right. >> brown: in the wings. >> there's a. from a virginia county school board that's challenging a lower court's order that a transgender boy should be able to use the boys' bathroom. and there's also an interesting case, continued fallout from same-sex marriage, where a colorado baker said his religious beliefs prevented him from baking a wedding cake for a same-sex couple. colorado's civil rights commission found that the baker violated the public accommodations law. the baker has brought a petition to the supreme court. they could definitely raise the temperature of the court if it takes it. >> brown: absolutely, okay, marcia coyle, "national law journal," welcome back. >> thank you, my pleasure, jeff. >> brown: and online, there's more on the case of duane edward buck on our website, www.pbs.org/newshour. >> woo

they tweeted after consultation with tom brady and our appellant council we decided not to pursue any additional appeals in this matter. some had expected the case could go all the way to the u.s. supreme court. leyden will have more on tv 12 later in the show. >> the red sox had a chance to steal seal home field advantage with a win tonight on big papi's final regular season game at home. that effort that came up short. tom is now here with us with a recap. could have been a much sweeter day. >> red sox lost home field advantage to the indians this weekend. the sox lost five of the last six to wrap the regular season. while the sox hope that do them the true highlight of today the pregame festivities. sox announcing they will retire number 34 and they will dedicate a bridge and street in david's name. the sox organization dote necessitated $1 million to the david ortiz foundation. a day of celebration. until the blue jays beat the sox 2-1. thousands of friends and fans saying good-bye to big papi who grounded out at on one with big papi. those two sat down yesterday as 47's papi's po

. >> ninan: well, still ahead, italian police cracked the case of two stolen van gogh appellantings. >> ninan: police in italy say a baffling mystery surrounding two masterpieces by the artist vincent van gogh has now been solved. the discovery is cause for celebration in the arthur world. here again marlie hall. >> reporter: two priceless vincent van gogh masterpieces were proudly unveiled friday in naples. they vanished from a museum in amsterdam more than a decade ago. >> two people broke into our museum via the roof and through the windows and it happened very, very quickly. >> reporter: italian police cracking the case 14 years later taised theft to the mafia and a farmhouse hiding plaes outside naples. >> the condition of the paintings is overall rather good, i would say, but the "sea scape" damage has suffered a part of the paint layer has been broken off. >> reporter: van gogh painted "seascape at scheveningen," and "congregation leaving the reformed church" in the 1880s. the art work is estimated to be worth $100 million. museum officials say van gogh's paintings will soon b

they tweeted after consultation with tom brady and appellate counsel, we have decided not to pursue additional appeals. the patriots are still in first place despite yesterday's loss. it is on to cleveland sunday. randy: a crash under investigation in randolph. the car rolled over. at least one person has life-threatening injuries. that road is reopened now. right now, three people are in custody accused in a shooting in dorchester. a man flagged them down in rocksbury suffering from a gunshot wound. bowdoin avenue more than a mile away. erika: new developments in the mystery at sea involving this man. investigators plan to meet today to discuss the case of nathan carman and his missing mother. sera congi live with the latest steps. sera? sera: erika, this spans new england and several law enforcement agencies including the coast guard. all are investigating nathan carman, the rescued at sea after he says his boat took on water. right now, they're looking into weather he was operating the boat unsafely. his mother, linda, was with him and is now presumed dead. rhode island police are investiga

chief justice mark cady and justices brent appel and daryl hecht helped legalize gay marrage in iowa seven years ago.this is the first time they're facing a retention vote since the ruling.iowa voters can choose to retain members of the high court every eight years.social conservatives are again calling for their removal.the judges say they will not actively campaign for jobs. tonight, families were the big winners after taking part in this trunk or treat event at the church on northland. besides all the candy, kids and their parents enjoyed a free soup supper and games during the evening. evening.and while you're out trick or treating tomorrow, cedar rapids police would like to see you.police recruits set to graduate next week will be at sunner park near the police station, handing out candy. bring the kids to check out some of their vehicles and equipment.it all gets underway tomorrow night at 5:30. bring the kids to check out gets underway tomorrow night at 5:30. >>> 20 veterans from the corridor came together to help raise money for st. adjudications children's hospital. they and

and then it went up to the appellate court and they struck it down. went occupy the u.s.me court for an emergency appeal and the supreme court deadlocked 4-4. therefore allowing the appellate court decision to stand the sum total means that there is no voter i.d. requirement in this election. there's the full complement of 17 voting days and there is the opportunity to reblingstrer and vote during the early voting period. those all have various implications. scholars have looked at and what deference did this make? not clear whether voter i.d. requirement had much effect on voter turnout and not clear that the voting period had much of an effect. the one environment that has a lot of effect the scholars have shown is the ability to rej store vote and vote on the same day. that does seem to boost turnout and the key point is that is stored in a way that it would not have been present. host: our next call is our line for others. peter is up next worry guest. you're on. go ahead. caller: good morning. thanks for having a me on. new jersey is known as the crossroad states in

so --. >> perhaps we could hear from the appellant. >> he would be the best answer to answer. >> thankou. >> yes, thank you. >> before we start, i would just like to know, would you like me to follow up immediately, and try and clarify the points that mr. duffy has. or do you want to just go through and we have the presentation and the standard appelant, presentation and whichever you prefer for us to do. you have is 4 minutes and you might be able to do both. >> the complaint for 203. >> i am sorry is there a way to move this? >> is there a way to move this to zoom this? and then we got the revocation by the order of the department of the building inspection and the order of abatement, and 9323, dated april, 30, 2004, revoked for reasons said that the violations have been inspected. and then the notice of violations closed. and we have this letter that was closed. and so we assumed that it was all taken care of. >> is that clear? >> i am sorry, is that clear in >> can you pass those around so that we can look at them? >> certainly. >> if you could talk into the mic too that would be h

[laughter] >> we have to hear the story about citizens united, your very first appellate oral argument i just cannot imagine i need to hear that story. >> well i'm very nervous, it's my first argument, was nominated to the position for whatever reason because i had not done an appellate argument. and to have your first will be at the spring court and be of importance of citizens united i was very nervous. making me even more nervous, the day before i had gone up to the court because the day before was the -- of soda meyer. the clerk of the court was looking to be nice and making conversation, and he said i will show you what will be on the bench for the justices when you go up to the podium, this is what the justices look at. but they look at is a few pages with your standard biographical material and who has made the motion for you to be a member of the supreme court bar and things like that. but attached to it is a list of the supreme court arguments you have done in the past. and he hands me this pile of papers, there were three other lawyers who are arguing that day and the first o

you can see the twisting actiont they're around surface low pressure which is pushing toward the appellations s s essure which i. cold front will also be sweepinn through in there's drier airir behind it btut we hraougthere'ra trough of low pressure that may instigate some lake effect orffo lake enhanced rain showersr foro tomorrow. at least to begin the day should be wrapping up by sunday morning. going through the day tomorrow. our forecast morning showers itt is windy that is for sure a a little dry out this evening.e skies stay pretty much overcastm gusty northwest windsuch ove for tonight mostly cloudy and cloudn breezy.dd a chhilly night for those high school games.for definitely need to bundle up. b northwest winds alsound willwill certainly produced some .certaill i can't even believe those wordo came out of my mostly cloudy breezy tomorrow.or lroate made showers around. 49.e here is the fox eight day forecast. we get rid reo ifs the 40s.e replace it with a 60 on sunday. clouds will be pretty extensive still that there will bety breae in the overcast.ov monday cool and dry. 55. c doub

the tweet the player association writes, after our appellate council, we decided not to pursue appeals. they will not ask the u.s. supreme court to take the case. on field, the pats are not able to remain perfect without brady. buffalo rolled in and roughed them up. the hitting started during warm-up. look that the. bills quarterback with a tight pass to lashawn mccoy and he rumbles into the end zone. more trouble for the pats. in the second quarter brissett tries to run for a first down and takes a big hit and fumbles the ball. patriots get shut down for the first time since 199. the bills win 19- >>> a massachusetts state trooper is hospitalized after being hit by a motorcycle near gillette stadium. state police tell station that the motorcyclist was driving the wrong way and trying to get away from police at the time. fox 25's christine mccarthy spoke to a man who saw the >> i was kind of shocked at first. i said did that really happen in front of me. >> reporter: route 1 outside gillette stadium after the pats game. adam was driving when a motorcycle sped by. >> we heard a motorcyc

but for the current elections, based on an appellate court, a three-judge panel, the federal court ofeals of the fourth circuit, those changes are not in effect anymore. back to the full 17 days of early voting. it is the case that counties have decisions to make. do you have early voting precincts at 10 precincts in the county, or 16 question mark -- 16? those debates have continued. those continue to be a local decision. depending on where you live in north carolina, you may see sunday early voting. some counties, there may not. it is one of the testaments -- people come from another country and they expect a uniformly run election in united states. the first thing they're surprised about is how much discretion there is at the state level, and the second thing, how much discretion there is at the state level within counties in the state that still make these decisions. how many voting precincts, where they should be placed that still rest at the local level. you see decisions made in different ways. pedro: there were some issues due to flooding. did that affect voting or the people