How Appealing



Tuesday, January 19, 2010

“Asian carp DNA found in Lake Michigan; High Court inaction angers Mich. leaders”: The Detroit News has an update that begins, “On the same day the U.S. Supreme Court announced it would not take immediate action to prevent Asian carp from reaching Lake Michigan, DNA samples indicate the fish may already be there.”

The Detroit Free Press has a news update headlined “Granholm: White House summit about carp needed.”

The Chicago Tribune has a news update headlined “Army Corps: Asian carp DNA found in Lake Michigan.”

And James Vicini of Reuters reports that “Michigan request denied in Great Lakes carp case; High court won’t order closing of two Chicago-area locks; Federal government said Michigan was unlikely to prevail; Closing locks would hurt shippers.”

Posted at 4:40 PM by Howard Bashman



“Georgia death-row inmate may need hearing over bawdy gifts, high court rules”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The U.S. Supreme Court on Tuesday said a Cobb County man sentenced to death may need a new hearing because jurors sent lewd gifts to the trial judge and courthouse bailiff.”

And Greg Stohr of Bloomberg News reports that “Chocolate Sex Gifts From Jury Put Guilty Verdict in Jeopardy.”

My earlier coverage appears at this link.

Posted at 4:05 PM by Howard Bashman



“Campaign finance ruling likely imminent; Either tomorrow or Monday next week”: Tom Goldstein has this post at “SCOTUSblog.”

Posted at 2:20 PM by Howard Bashman



“Court steps into murder case over jury’s gifts”: Mark Sherman of The Associated Press has a report that begins, “A closely divided Supreme Court has given hope to a Georgia death row inmate, ordering a federal appeals court to take a new look at his case because of raunchy gifts that jurors sent the judge and a courtroom bailiff.”

According to the article, “At issue is whether Wellons received a fair trial in light of disclosures that, after the penalty phase, the jurors sent chocolate in the shape of a penis to the judge and chocolate in the shape of a pair of breasts to the bailiff.”

You can access today’s per curiam ruling of the U.S. Supreme Court in Wellons v. Hall, No. 09-5731, at this link.

Who knew that a death penalty jury in Georgia state court would find it appropriate to send the judge a chocolate penis? See, e.g., chocolate log cake described in footnote 4 of Guide to Episode 51 of “Curb Your Enthusiasm.”

Posted at 12:40 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link.

The Court did not grant review in any new cases today. Last Friday’s Order List granting review in five cases can be accessed here. Today’s order list, however, does feature a GVR in the case of Mumia Abu-Jamal. And the Court called for the views of the Solicitor General’s Office in one case.

The Court today also issued two per curiam opinions. One issued in Presley v. Georgia, No. 09-5270. The other issued in Wellons v. Hall, No. 09-5731.

In early news coverage, The Associated Press reports that “High court rejects challenge to Calif. prison plan“; “Court won’t close shipping locks to keep out carp“; and “High court throws out ruling favorable to suspect.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Asian carp plea denied; no new grants.”

Posted at 10:10 AM by Howard Bashman



“Proposed order on judicial donations remains up for debate; Court says gifts can’t force recusals, but rule needs final approval”: The Milwaukee Journal Sentinel contains this article today.

And at the “Sustained Outrage” blog of The Charleston (W. Va.) Gazette, Andrew Clevenger has a post titled “Caperton, recusal and judicial elections.”

Posted at 8:20 AM by Howard Bashman



“Shaken baby syndrome itself is put on trial in Fairfax court”: Today in The Washington Post, Tom Jackman has an article that begins, “As a criminal trial in Fairfax County tries to determine who, or what, caused 4-month-old Noah Whitmer’s brain hemorrhage, the debate over whether ‘shaken baby syndrome’ exists has erupted into a national battle of the experts.” Earlier, the newspaper reported that “Shaken-baby syndrome at center of Fairfax trial.”

Posted at 8:12 AM by Howard Bashman



“The Supreme Court’s Cult of Celebrity”: Guest bloggers Craig Lerner and Nelson Lund have this post today at “The Volokh Conspiracy.” The post discusses an article that they recently posted to SSRN.

Posted at 8:10 AM by Howard Bashman



“Wall Street May Seek to Sway Congress by Hiring Top Lawyer”: Bloomberg News has a report that begins, “Wall Street’s decision to hire a Supreme Court lawyer to study President Obama’s plan to tax banks may be aimed more at swaying lawmakers than winning a lawsuit, some constitutional experts said.”

Posted at 8:02 AM by Howard Bashman



“FBI broke law for years in phone record searches”: Today in The Washington Post, John Solomon and Carrie Johnson have a front page article that begins, “The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews.”

Posted at 7:54 AM by Howard Bashman



“At heart of Prop. 8 trial, a clash over motives”: Today’s edition of The Sacramento Bee contains a front page article that begins, “A majority of voters stopped same-sex marriage in California simply by casting a ballot for Proposition 8. This week, when a federal trial resumes in San Francisco, attorneys challenging Proposition 8 will continue building a multilayered argument that voters’ action created an unconstitutional law based on prejudice and unfounded fear about homosexuality.”

Today in The San Francisco Chronicle, Bob Egelko reports that “Prop. 8 trial looks at personal, social changes.”

The Associated Press has a report headlined “Same-sex marriage judge dealt with other gay cases” that begins, “The appointment of Chief U.S. District Judge Vaughn Richard Walker to the bench was held up for two years during the late 1980s in part because he had angered gay rights activists. Now, he is presiding over the most important gay civil rights case in a generation.”

And in The San Jose Mercury News, columnist Scott Herhold has an essay entitled “Supreme Court blows it with YouTube ruling in Prop. 8 case.”

Posted at 7:44 AM by Howard Bashman



“Life sentence for ex-China Supreme Court justice”: The Associated Press has a report that begins, “A former Chinese Supreme Court judge was sentenced to life in prison Tuesday following his conviction for embezzlement and receiving more than half a million dollars in bribes.”

Shanghai Daily has a report headlined “Life for China’s corrupt ‘sex-hungry’ judge.”

The Telegraph (UK) has a news update headlined “Chinese Supreme Court judge sentenced to life in prison over land bribes; China has sentenced one its most senior judges to life imprisonment after convicting him of accepting massive bribes to make favourable rulings in a series of land deal cases.”

Bloomberg News reports that “China Sentences Former Supreme Court Official to Life in Jail.”

And Reuters reports that “China former senior judge jailed for graft.”

Posted at 7:25 AM by Howard Bashman



“Breyer, Scalia: Holding no punches; Separated by ideology and style, each justice often finds himself in the other’s line of fire.” Joan Biskupic has this article today in USA Today.

Posted at 7:18 AM by Howard Bashman