How Appealing



Wednesday, January 2, 2008

“Police Say Hagler Tape Contains Dialogue Of Murder, Torture”: The Chattanoogan provides a news update that begins, “Chattanooga Police officers testified Wednesday that a tape made by Judge John Hagler contained ‘shocking’ dialogue relating to a murder and torture. Asked if release of the tape would be very damaging to the judge and his family, Det. Bill Phillips said, ‘I guarantee you it would.'”

And The Associated Press reports that “Tenn. Judge Resigns Over Fantasies Tape.”

Posted at 8:50 PM by Howard Bashman



“We agree with the conclusion of several of our sister circuits that a punitive damages award under Title VII and § 1981 need not be accompanied by compensatory damages.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued today.

The ruling affirms a jury’s award of $125,000 in punitive damages, but zero dollars in compensatory damages, to each of eight plaintiffs in a case where the plaintiffs alleged a racially hostile work environment.

Posted at 8:23 PM by Howard Bashman



“Pa. sperm donor wins challenge to court-ordered child support”: The Associated Press provides a report that begins, “A woman who promised a sperm donor he would not have to pay child support cannot renege on the deal, the Pennsylvania Supreme Court ruled.”

Last Thursday’s 3-2 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and two dissenting opinions (here and here).

Posted at 6:00 PM by Howard Bashman



“During winter recess, Democrats keep Congress in session to thwart Bush; The tactic is a result of a ‘press for presidential power,’ some analysts say; But it’s too early to tell whether the use of pro forma sessions will mean no more recess appointments by the president”: Gail Russell Chaddock will have this article Thursday in The Christian Science Monitor.

Posted at 4:10 PM by Howard Bashman



“U.S. Opens Criminal Probe of CIA Tape Destruction”: James Rowley of Bloomberg News provides this report.

The Associated Press reports that “Criminal Probe Opened Over CIA Tapes.”

Reuters reports that “U.S. launches criminal probe of CIA tapes.”

The Washington Post provides a news update headlined “Justice Dept. to Open Criminal Probe in CIA’s Destruction of Tapes.”

And The Hartford Courant provides a news update headlined “Connecticut Prosecutor Named To Head CIA Probe.”

Also available online is the “Statement by Attorney General Michael B. Mukasey Regarding the Opening of an Investigation Into the Destruction of Videotapes by CIA Personnel.”

Posted at 4:02 PM by Howard Bashman



“Top D.C. lawyer weighs in on Morrison firing”: At “The BLT: The Blog of Legal Times,” Tony Mauro now has a new post that begins, “In an interview with Legal Times today, Peter Nickles, D.C. Mayor Adrian Fenty’s general counsel, said he is considering Supreme Court veterans Walter Dellinger III and Thomas Goldstein as possible replacements for Alan Morrison to argue D.C.’s cause at the Supreme Court in the key gun control case of D.C. v. Heller.”

Posted at 3:55 PM by Howard Bashman



Today is the last day to vote for your favorite law blogs in the “The ABA Journal Blawg 100”: You can vote for “How Appealing” and/or its many worthy competitors in the “Generally Speaking” category via this link.

Posted at 2:44 PM by Howard Bashman



“Accused judge’s return to bench draws protest”: The Houston Chronicle provides a news update that begins, “Three generations of the family of the federal court employee who has complained that U.S. Judge Samuel Kent assaulted her turned out today on a near-freezing morning to protest his return to the federal bench. On the sidewalk outside the federal courthouse in downtown Houston, the youngest — 14-year-old Caleb McBroom — yelled out at passing Metro buses that Kent should be impeached for what the judge allegedly did to his mother.”

Posted at 2:38 PM by Howard Bashman



“Alan Morrison is Benched”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Veteran Supreme Court advocate Alan Morrison has been fired and apparently won’t be arguing on behalf of the District of Columbia this spring in the pivotal Second Amendment gun rights case D.C. v. Heller.”

Posted at 11:14 AM by Howard Bashman



“Death penalty ban could boost efforts across the country”: The Newark (N.J.) Star-Ledger today contains an article that begins, “Opponents of the death penalty say last month’s historic repeal in New Jersey could boost similar movements across the nation.”

Posted at 10:04 AM by Howard Bashman



“Court: Quiz on Death Penalty No Mandate.” The Associated Press provides a report that begins, “A judge’s failure to question jurors who indicated they opposed the death penalty is not reason enough to overturn the convictions of two men in the killing of a police informant, a federal appeals court says.”

My earlier coverage of last Friday’s Second Circuit ruling appears at this link.

Posted at 9:58 AM by Howard Bashman



“A Chance to Defend Themselves”: This past Sunday in The Washington Post, Thomas B. Wilner had an op-ed that begins, “The Supreme Court heard arguments this month in cases brought by detainees held at Guantanamo Bay.”

Posted at 9:55 AM by Howard Bashman



“Victim to Be Heard at Husband’s Trial”: The Associated Press provides a report that begins, “Julie Jensen will essentially testify from the grave when her husband’s murder trial begins this week.”

Posted at 7:33 AM by Howard Bashman



“Presidential candidates diverge on U.S. joining war crimes court”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 7:25 AM by Howard Bashman



“Ski accident snowballs into a public dispute; A 7-year-old collided with a man, 60, who is suing for more than $75,000 to cover medical bills; The elder skier faces an Internet-fueled backlash”: This article appears today in The Los Angeles Times.

Posted at 7:21 AM by Howard Bashman



“Conservative courts likely to be Bush legacy; The president’s success in getting judicial nominees confirmed gives the federal bench a decided GOP tilt”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:20 AM by Howard Bashman



“Chief Justice Roberts Tries New Angle on Judicial Pay Raises”: Jess Bravin has this post at WSJ.com’s “Law Blog.”

Posted at 7:02 AM by Howard Bashman



“Judge Wilkinson Writes Extremely Important Dissent from Denial of Rehearing En Banc in Virginia Open Primary Case”: Law Professor Rick Hasen has this post at his “Election Law” blog.

Posted at 6:50 AM by Howard Bashman