How Appealing



Monday, February 5, 2007

“Jail Record Near for Videographer Who Resisted Grand Jury”: Tuesday’s edition of The New York Times will contain an article that begins, “A freelance videographer who refused to cooperate with a grand jury investigation will become the longest incarcerated journalist in modern American history on Tuesday. The freelancer, Josh Wolf, will pass Vanessa Leggett, an investigator and a journalist who served 168 days in 2001 and 2002 for refusing to surrender information in a murder case.”

Posted at 11:30 PM by Howard Bashman



Apparently holding a bake sale is out of the question: What’s a federal appellate court in need of money to do? The U.S. Court of Appeals for the Tenth Circuit announced today on its web site that attorneys who have been admitted to that court for more than three years as of January 1, 2007 must pay a $25.00 Tenth Circuit attorney bar membership renewal fee. You can read the announcement at this link.

The announcement explains that “[t]he court does not at this time plan to make this renewal fee an annual requirement.” Presumably, if those who are required to pay the fee fail to do so, they will lose their membership in the Tenth Circuit’s bar. The fee for initially becoming a member of the Tenth Circuit’s bar is now $200.00, so many current members of the Tenth Circuit’s bar will likely find it cost-effective to pay the renewal fee.

Posted at 8:24 PM by Howard Bashman



“Idea Would Require Couples to Have Kids”: The AP provides a report from Washington State that begins, “Proponents of same-sex marriage have introduced a ballot measure that would require heterosexual couples to have a child within three years or have their marriages annulled.”

Posted at 7:45 PM by Howard Bashman



In Tuesday’s edition of The Christian Science Monitor: Tomorrow’s newspaper will contain an article headlined “The police lineup is becoming suspect practice; States are considering scrapping side-by-side lineups in favor of a one-at-a-time variety.”

And Seth Stern will have a book review headlined “Spotlight on the nation’s highest court: Two new books home in on Supreme Court justices, past and present, and how they shape the court they serve.”

Posted at 6:04 PM by Howard Bashman



Three-judge First Circuit panel divides over “whether the prosecution must, in the absence of direct evidence, produce expert opinion testimony that a particular pornographic image is of a real, non-virtual child, in order to meet its burden of proof by a preponderance of evidence at sentencing.” You can access today’s 69-page ruling of the U.S. Court of Appeals for the First Circuit at this link.

The second to last paragraph of Circuit Judge Juan R. Torruella‘s dissenting opinion states:

Although the views of other courts of appeal are usually heavily persuasive, I submit, with all due respect, that on the issue before us the other courts of appeal that have considered this matter have not reached the correct conclusion. Again with due respect to those who differ from me, arithmetic is not determinative of scientific truth. It made no difference how many cardinals said that the sun revolved around the earth, it did not make this asseveration a scientific truth. And it is scientific truth that trumps the day on the issue before this court. It is now beyond scientific dispute that it is possible to create virtual photographic images that can only be detected (with difficulty) by experts. Thus, experts are required before factfinders can make their findings on this issue. I do not recall any mention of this scientific knowledge, one way or another, in any of the appellate opinions cited in opposition to my views.

You can access the complete ruling at this link.

Posted at 4:54 PM by Howard Bashman



“German Court Bars Stealth PC Searches”: The Associated Press provides a report that begins, “Police cannot secretly search suspects’ computer hard drives over the Internet, a German court ruled Monday. The decision of the Federal Court of Justice in Karlsruhe bars police from using software to search through remote hard drives unless parliament passes a law explicitly allowing the technique.”

You can access the ruling of the German Federal High Court at this link, while a related news release can be accessed here.

Posted at 3:50 PM by Howard Bashman



“Libby Judge: Even I Don’t Know Plame’s Status; The essential craziness of the CIA-leak trial.” Byron York has this essay today at National Review Online.

Posted at 11:50 AM by Howard Bashman



“Tapes of Libby Testimony to Be Released”: The Associated Press provides a report that begins, “Audio recordings of former White House aide I. Lewis ‘Scooter’ Libby’s secret grand jury testimony will be released publicly after they are presented at his trial, the judge at Libby’s trial ruled Monday.”

Posted at 11:22 AM by Howard Bashman



“Who Is the Client? Two reporters from the San Francisco Chronicle face jail time. Should they have their own lawyers?” The February 2007 issue of The American Lawyer contains this article.

Posted at 10:35 AM by Howard Bashman



“State court to hear Exxon verdict appeal”: The Birmingham News today contains an article that begins, “Attorneys for the state of Alabama and ExxonMobil Corp. plan to argue before the state Supreme Court on Tuesday in the appeal of a jury’s verdict that Exxon owes the state $3.6 billion.”

Posted at 8:33 AM by Howard Bashman



“For Federal Appellate Judicial Nominations, It’s a Time for Pragmatism”: This week’s installment of my “On Appeal” column for law.com can be accessed here.

Posted at 8:30 AM by Howard Bashman



“Instead of Iraq, a battle all his own: Army 1st Lt. Ehren Watada was called an exemplary soldier; But then he decided to face court-martial rather than join a war he says is illegal.” This front page article appears today in The Los Angeles Times.

Posted at 8:10 AM by Howard Bashman



“Known Unknowns: How not to decide whether warrantless wiretapping is legit.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 7:54 AM by Howard Bashman



Seventy years ago today: According to the popular “Today in history” feature from The Associated Press, “On Feb. 5, 1937, President Franklin Roosevelt proposed increasing the number of justices on the U.S. Supreme Court; critics accused Roosevelt of attempting to ‘pack’ the high court.”

The Supreme Court Historical Society provides more information here and here.

Posted at 7:50 AM by Howard Bashman