How Appealing

Monday, January 26, 2009

"Appeals court will not rehear pledge case": The Associated Press provides a report that begins, "A federal appeals court says it will not rehear a case in which it let stand most of a Florida law requiring public school students to recite the Pledge of Allegiance."

Only one judge noted her dissent from today's order of the U.S. Court of Appeals for the Eleventh Circuit denying rehearing en banc.
Posted at 08:42 PM by Howard Bashman



"Texas death row inmate Larry Swearingen gets 11th-hour reprieve": The Dallas Morning News provides this update.

The Houston Chronicle has a news update headlined "Man in Montgomery County killing gets stay of execution."

The Associated Press reports that "College student killer get reprieve."

At the "Austin Legal" blog of The Austin American-Statesman, Chuck Lindell has a post titled "Federal court halts Swearingen execution." Tuesday's edition of that newspaper will contain an editorial entitled "U.S. Court stops execution that Texas courts wouldn't; Experts believe condemned man Swearingen could not have committed the murder."

And Texas Monthly has posted an online exclusive article by Michael Hall headlined "The Science of Murder: Someone killed Melissa Trotter and dumped her body in the Sam Houston National Forest; But according to six forensic experts, that someone was not Larry Swearingen."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. In his specially concurring opinion, Circuit Judge Jacques L. Wiener, Jr. writes that this very case could determine whether the U.S. Supreme Court will add "capital defendants who are actually innocent to the list of persons who -- like the insane, the mentally retarded, and the very young -- are constitutionally ineligible for the death penalty."
Posted at 08:35 PM by Howard Bashman



"Ex-AG Gonzales: 'I Should Have Been More Engaged.'" This lengthy interview (RealPlayer required) with former Attorney General Alberto Gonzales appeared on today's broadcast of NPR's "Tell Me More" with Michel Martin.

"The Swamp" blog of The Chicago Tribune has posted a transcript of the NPR interview at this link.
Posted at 03:15 PM by Howard Bashman



"Liberty City Six terror trial is back for third time; The third -- and likely last -- trial of a Liberty City group charged with conspiring with al Qaeda to blow up Chicago's Sears Tower and FBI buildings will get under way with jury selection Tuesday": Jay Weaver has this front page article today in The Miami Herald.
Posted at 03:14 PM by Howard Bashman


"U.S. Supreme Court says district attorneys are immune from wrongful-conviction suits; In a unanimous ruling, the nation's high court throws out a lawsuit from a Los Angeles man who spent 24 years in prison for a murder he didn't commit": David G. Savage of The Los Angeles Times has this news update.

And Robert Barnes of The Washington Post has a news update headlined "Supreme Court Issues Five Unanimous Decisions."
Posted at 03:10 PM by Howard Bashman



"Ex-Guantanamo inmates return to militancy in Yemen; Militants in Yemen threatened Monday to strike the US Embassy for a second time": Tuesday's edition of The Christian Science Monitor will contain an article that begins, "Two Saudis formerly jailed at the US prison camp in Guantanamo Bay, Cuba, have joined Al Qaeda's Yemeni branch, and authorities here worry that two other ex-Guantanamo inmates may have strayed back to militancy because they have recently disappeared from their homes."
Posted at 03:05 PM by Howard Bashman


"Court hears 9/11 conspirator's appeal in Va." The Associated Press provides a report that begins, "Zacarias Moussaoui's guilty plea in the Sept. 11 terrorist attacks was invalid because the government failed to turn over evidence that could have helped his defense, his attorney told a federal appeals court Monday."

Jerry Markon of The Washington Post has a news update headlined "Moussaoui's Attorneys Ask Court to Invalidate Guilty Plea."

And Frank Green of The Richmond Times-Dispatch has a news update headlined "Moussaoui's lawyers call his guilty plea invalid."
Posted at 02:52 PM by Howard Bashman



James Vicini of Reuters is reporting: He has articles headlined "Supreme Court: law bars sex harassment retaliation" and "U.S. top court rules for USEC on uranium imports."
Posted at 12:22 PM by Howard Bashman


"Rap brief hits right note with judges; Musician wins appeal with rhyme": The Associated Press provides a report that begins, "Justice might be blind, but apparently it has good rhythm. A jazz musician who filed a legal brief in a child custody dispute with rap lyrics won his appeal and will get out of paying nearly $4,000 in fees."

The Milwaukee Journal Sentinel has posted the pro se appellate brief at this link.
Posted at 12:15 PM by Howard Bashman



Access online today's U.S. Supreme Court opinions in argued cases: The Court today issued opinions in five argued cases, together with one summary reversal.

The summary reversal issued in Nelson v. United States, No. 08-5657. You can access the Court's per curiam ruling at this link. In addition, Justice Stephen G. Breyer issued a short opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined.

1. Justice Breyer delivered the opinion for a unanimous Court in Van de Kamp v. Goldstein, No. 07-854. You can access the Court's ruling at this link and the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Arizona v. Johnson, No. 07-1122. You can access the Court's ruling at this link and the oral argument transcript at this link.

3. Justice David H. Souter delivered the opinion for a unanimous Court in United States v. Eurodif S.A., No. 07-1059. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Souter also delivered the opinion for a unanimous Court in Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan, No. 07-636. You can access the ruling at this link and the oral argument transcript at this link.

5. And Justice Souter delivered the opinion of the Court in Crawford v. Metropolitan Government of Nashville and Davidson Cty., No. 06-1595. Justice Alito filed an opinion concurring in the judgment, in which Justice Clarence Thomas joined. You can access the ruling at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "New worker shield against retaliation."

And in early news coverage, The Associated Press reports that "Court rules for worker over retaliation"; "US Supreme Court says passenger can be frisked"; "Wrongfully convicted, man can't sue prosecutor"; "Court allows tariffs on cheap imported uranium"; and "High court turns down daughter in pension dispute."
Posted at 10:10 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted it at this link. The Court today granted review in three cases.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on police questioning."

In early news coverage, The Associated Press reports that "Court to consider how long lawyer request lasts."
Posted at 10:07 AM by Howard Bashman



Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has an article headlined "Arguments in place as Prop. 8 hearing nears."

And in yesterday's newspaper, he had an article headlined "Obama nominates S.F. lawyer for Justice post."
Posted at 10:02 AM by Howard Bashman



"Obama's nominee for regulatory czar faces scrutiny; Cass Sunstein, selected to be Obama's regulatory czar, has labor activists and environmentalists digging into his record": This article appears today in The Los Angeles Times.
Posted at 08:23 AM by Howard Bashman


"Evicted, But Not Without a Fight: The government took her home; The Supreme Court approved." Today in The Wall Street Journal, Melanie Kirkpatrick has this review of Jeff Benedict's new book about the Kelo case, "Little Pink House: A True Story of Defiance and Courage."
Posted at 08:00 AM by Howard Bashman


"Court to hear 9/11 conspirator's appeal in Va." The Associated Press provides a report that begins, "A federal appeals court in Virginia is set to hear arguments for a new trial by Sept. 11 conspirator Zacarias Moussaoui." According to the article, only part of the oral argument will be held in public.
Posted at 07:44 AM by Howard Bashman


"Cuban spies in middle of swap talk; An effort to free five Cuban agents convicted in Miami may hinge on the offer of a prisoner swap by Cuban leader Raul Castro": This article appears today in The Miami Herald.
Posted at 07:42 AM by Howard Bashman


"Colo. site tailored for terror suspects; The federal prison already houses convicted terrorists, but some lawmakers don't favor adding detainees": Yesterday in The Denver Post, Felisa Cardona had this article.
Posted at 07:40 AM by Howard Bashman






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