How Appealing



Monday, February 1, 2010

“Crime victim wants $3.4 million, but is that fair? Court, attorneys in porn case looking for an answer to a newly-posed question.” Today’s edition of The St. Paul Pioneer Press contains an article that begins, “Federal prosecutors Friday conceded that a Duluth man convicted of possessing child pornography should pay restitution to a girl he had photos of, but they don’t know how much he should pay.”

My earlier coverage of this matter appears at this link.

Posted at 8:16 PM by Howard Bashman



“Okla. men lose bid to sue Grisham, other writers”: The Associated Press has a report that begins, “A federal appeals court in Denver ruled that three public officials from Oklahoma cannot revive their libel lawsuit against best-selling author John Grisham and two other writers.”

You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 8:02 PM by Howard Bashman



“Mixed ruling on sex offender residency law”: Greg Moran of The San Diego Union-Tribune has a news update that begins, “The state Supreme Court left the door open Monday to contentions that strict restrictions on where some registered sex offenders can live are unconstitutional, but turned away other legal challenges to a 2006 law that toughened laws against sexual crimes.”

Denny Walsh of The Sacramento Bee has a news update headlined “California Supreme Court upholds law restricting where sex offenders live.”

Howard Mintz of The San Jose Mercury News has an update headlined “California Supreme Court upholds parts of Jessica’s Law.”

And Maura Dolan of The Los Angeles Times has a blog post titled “‘Jessica’s Law’ can be applied retroactively, state Supreme Court decides.”

My earlier coverage of today’s California Supreme Court ruling can be accessed here.

Posted at 3:50 PM by Howard Bashman



“Appeals court approves Del. execution protocols, lifts stay”: Sean O’Sullivan of The News Journal of Wilmington, Delaware has a news update that begins, “Delaware’s death penalty has been upheld as constitutional by the U.S. 3rd Circuit Court of Appeals, which also has lifted a stay on all executions in the state.”

You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 3:42 PM by Howard Bashman



The audio recording of the oral argument that I presented last Thursday in the U.S. Court of Appeals for the Third Circuit is now available online: You can access the audio via this link (37.7MB Windows Media audio file).

At some point in my initial argument, two judges on the panel join me in something of a “shout-out” to U.S. District Judge D. Brock Hornby of the District of Maine. I recently had the pleasure of sitting next to Judge Hornby at an event at the Newseum in Washington, DC.

On a totally unrelated point, the case that I argued was the day’s first oral argument, and I reserved four of my fifteen total minutes for rebuttal. I heard at the start of the second oral argument of the day, as I was leaving the courtroom, that the attorney for the appellant was asking the panel to reserve only one minute for rebuttal. The panel seemed a little surprised by the paucity of that request, although I did not stick around to see if the panel persuaded that lawyer to reserve additional rebuttal time.

In my experience, it is much more common to see a lawyer at an appellate oral argument try to reserve too much rebuttal time — say ten minutes for rebuttal in a fifteen-minute oral argument — than too little rebuttal time. But, on occasion, a lawyer forgets to reserve any rebuttal time, despite having wanted to do so, and must throw himself or herself on the mercy of the court to receive some extra time for rebuttal.

Posted at 2:40 PM by Howard Bashman



“Assistant to the U.S. Solicitor General Joins Ropes & Gray to Lead Appellate and Supreme Court Practice”: The Ropes & Gray law firm today issued a news release that begins, “Ropes & Gray today announced that Douglas Hallward-Driemeier has joined the firm as a partner in its Washington, D.C. office. Mr. Hallward-Driemeier, formerly an assistant to the Solicitor General of the United States, will lead the firm’s Appellate and Supreme Court practice.”

Posted at 2:22 PM by Howard Bashman



“Calif court: Jessica’s Law needs more hearings.” The Associated Press has a report that begins, ”
The California Supreme Court has ordered more investigation into whether the state’s sexually violent predator law is constitutional. On Monday, a 5-2 court ruled that separate inquiries must be conducted into the claims of four registered sex offenders who allege they can’t find a place to live because the voter-approved ‘Jessica’s Law’ prohibits them from residing within 2,000 feet of schools, parks and other places where children congregate.”

You can access today’s ruling of the Supreme Court of California at this link. And my preview of the ruling from last night can be accessed here.

Posted at 2:14 PM by Howard Bashman



“An act of defiance that changed history”: The Greensboro News & Record today contains an article that begins, “Fifty years ago, African Americans in Greensboro and across the South lived in a separate, but not necessarily equal, society. On Feb. 1, 1960, that started to change. That day, the wall of segregation that divided blacks and whites began to crumble. It happened on South Elm Street in Greensboro.”

Today’s edition of USA Today contains a front page article headlined “How a demand for lunch fueled the push for rights; 50 years ago, sit-ins reignited a movement.”

The Charlotte Observer contains an article headlined “Because he sat down, everything changed; 50 years ago, Franklin McCain and 3 friends asked for coffee at a ‘whites only’ lunch counter in Greensboro.” Yesterday’s newspaper, meanwhile, contained an article headlined “New museum in Greensboro will tell the story of ’60s sit-ins; Fifty years ago this week, a student movement against segregation began at a Woolworth store in Greensboro.”

The Fayetteville Observer reported yesterday that “Historic Woolworth store now houses civil right museum.”

The Winston-Salem Journal reported yesterday that “Civil-rights history preserved; Museum at former Woolworth building to open.”

The News & Observer of Raleigh, North Carolina reported yesterday that “Museum shows how sit-ins defeated segregation.”

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Fifty Years Later, N.C. Sit-In Site Becomes Museum.”

Today in The New York Times, Howell Raines has an op-ed entitled “The Counter Revolution.”

And in yesterday’s edition of The Los Angeles Times, Andrew B. Lewis had an op-ed entitled “The sit-ins that changed America: The civil rights movement was energized by these ’60s-era protests.”

Posted at 8:27 AM by Howard Bashman



“Sign a petition, disclose your name? The Supreme Court will decide whether petition signers have a constitutional right to have their names kept secret.” This editorial appears today in The Los Angeles Times.

Posted at 8:10 AM by Howard Bashman



“Officials OKd Miranda warning for accused airline plotter; At least four U.S. agencies were involved in a decision to read Umar Farouk Abdulmutallab his rights, sources say, after it was clear that he had stopped sharing information”: Richard A. Serrano and David G. Savage have this front page article today in The Los Angeles Times.

Posted at 8:07 AM by Howard Bashman