How Appealing



Thursday, January 17, 2008

“Texas Supreme Court Justice David Medina indicted in connection with fire”: The Dallas Morning News provides an update that begins, “A Houston grand jury indicted Texas Supreme Court Justice David Medina and his wife on Thursday in connection with a June fire at their Spring, Texas home. But within hours of the indictments — Fran Medina’s on an accusation of arson, Mr. Medina’s on an accusation of tampering — Harris County District Attorney Chuck Rosenthal said his office didn’t think there was enough evidence to charge Mr. Medina or his wife with a crime.”

The Houston Chronicle provides a news update headlined “Texas Supreme Court justice, wife indicted.”

And The Associated Press reports that “Texas Supreme Court Justice indicted in arson of his Houston home.”

Posted at 5:37 PM by Howard Bashman



Ninth Circuit grants rehearing en banc to consider what limits the Fourth Amendment places on governmental searches of FedEx packages addressed for delivery outside of the United States: You can access today’s order granting rehearing en banc at this link.

You can access the ruling of a partially divided three-judge Ninth Circuit panel in the case, from August 2007, at this link.

Posted at 3:24 PM by Howard Bashman



On remand from the U.S. Supreme Court, a unanimous three-judge Seventh Circuit panel holds that plaintiffs’ allegations of securities fraud in Makor Issues & Rights, Ltd. v Tellabs Inc. create the requisite “strong inference” of scienter: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

The Supreme Court’s ruling from June 2007, which vacated the Seventh Circuit’s earlier decision reinstating plaintiffs’ securities fraud claims, can be accessed here. Today’s Seventh Circuit ruling, written by Circuit Judge Richard A. Posner, reaches the same result as the Seventh Circuit’s original ruling in the case. You can access the Seventh Circuit’s earlier ruling, and the audio from two Seventh Circuit oral arguments, via this link.

Posted at 3:02 PM by Howard Bashman



“Woman says nude photos were passed among her husband’s jailers; Woman says county owes her at least $100,000 for humiliation”: Tuesday’s edition of The Daily Sentinel of Grand Junction, Colorado contained an article that begins, “Mesa County is being asked to pay at least $100,000 to a woman who said her nude photos were passed among jailers when her husband was incarcerated there.” The article goes on to establish that if you don’t want prison staff to have access to nude photos of you, don’t mail nude photos of yourself to prison.

Posted at 10:38 AM by Howard Bashman



“Panel orders judge to explain Qwest ruling; ‘Illumination’ into $400 million settlement sought”: The Rocky Mountain News today contains an article that begins, “An appellate panel on Wednesday ordered a U.S. district judge to provide a ‘more extensive explanation’ for his decision to approve a $400 million shareholder class-action settlement involving Qwest Communications. The panel is specifically ordering federal Judge Robert Blackburn to explain why he decided it was fair to exclude former Qwest CEO Joe Nacchio and former CFO Robert Woodruff from the settlement.”

My earlier coverage of yesterday’s Tenth Circuit ruling appears at this link.

Posted at 10:17 AM by Howard Bashman



“A Tale of Abuse: Was Jose Padilla, an American arrested in the United States, subjected to illegal torture? Congress should find out.” The Washington Post contains this editorial today.

Posted at 8:41 AM by Howard Bashman



“House Panel Criticizes CIA Tape Destruction”: This article appears today in The Washington Post.

The New York Times reports today that “Account of C.I.A. Tapes Is Challenged.”

The Los Angeles Times reports that “Lawmaker says CIA official defied instructions to preserve tapes; Republican Pete Hoekstra contradicts accounts that Jose Rodriguez was never told to save the interrogation videos.”

James Rowley of Bloomberg News reports that “CIA Official May Have Destroyed Tapes on His Own, Lawmaker Says.”

And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled “Justice for the CIA.”

Posted at 8:35 AM by Howard Bashman



“New chief justice sworn in; Ronald D. Castille, a former Phila. district attorney, took the oath at City Hall; He said courts cannot serve political parties”: Tuesday’s edition of The Philadelphia Inquirer contained this article.

Also on Tuesday, The Philadelphia Bulletin reported that “Complaint Filed Against Castille For Revealing Decision.”

And The Times-Tribune of Scranton, Pennsylvania reported yesterday that “Advocate says judge had ethical violation.”

Posted at 8:22 AM by Howard Bashman



Which part of the U.S. Constitution says that? The Reno Gazette-Journal today contains an article headlined “Ex-lawyer: Mack said Constitution gave him the right to shoot judge” that begins, “Darren Mack’s former lawyer David Chesnoff testified Wednesday that Mack suffered from ‘a form of insanity’ and believed that the Second Amendment to the U.S. Constitution gave him the right to shoot a judge.”

Posted at 8:04 AM by Howard Bashman



“Scalia to visit RWU law school in April”: Today in The Providence Journal, Edward Fitzpatrick has an article that begins, “All rise. One day after court officials confirmed that Chief Justice of the United States John G. Roberts Jr. will visit Rhode Island next month, college officials yesterday announced that U.S. Supreme Court Justice Antonin Scalia will visit the Roger Williams University School of Law in April. Also, honor students at the state’s only law school will meet with Supreme Court Justice Samuel Anthony Alito Jr. when they travel to Washington, D.C., and a pair of Pulitzer Prize winners who have written about the Supreme Court will speak at the Bristol campus.”

Posted at 8:00 AM by Howard Bashman



“U.S. Supreme Court upholds state judge selection”: This article appears today in Newsday.

The Buffalo News reports today that “Judicial selection process is upheld; Justices rule state law isn’t unconstitutional.”

Robert Barnes of The Washington Post reports that “Court Lets ‘Party Boss’ Law Stand, Reluctantly.”

Joseph Goldstein of The New York Sun reports that “9 Rebuff Brooklyn Court Reformers.” The newspaper also contains an editorial entitled “Light ‘Em Up.”

And The New York Times contains an editorial entitled “A Defeat for Judicial Reform.”

Posted at 7:57 AM by Howard Bashman