“Appeals Court Backs Detainee; American in Iraq Entitled to Review”: This article will appear Saturday in The Washington Post. My earlier coverage appeared at this link.

Available online from law.com: An article reports that “A Third of 4th Circuit Seats Could Be Vacant; A political tug-of-war over nominees takes toll.”

And the brand new installment of my “On Appeal” column is headlined “Marsupial Alert: Don’t Refer to Appellate Judges as a ‘Kangaroo Court.’”

Often times the only thing worse than losing a Sentencing Guidelines appeal as a federal criminal defendant is winning one: Tenth Circuit Judge Michael W. McConnell today has issued an interesting concurring opinion addressing the phenomenon that many federal criminal defendants who win Sentencing Guidelines appeals end up receiving harsher sentences when resentenced. One possible solution that Judge McConnell identifies is applying the doctrine of “law of the case” at the resentencing.

Fifth Circuit grants rehearing en banc in case where splintered three-judge panel held that Tangipahoa Parish School Board could not open its meetings using any of four specified prayers: You can access today’s order of the U.S. Court of Appeals for the Fifth Circuit at this link.

The three-judge panel’s ruling is at this link, while my initial coverage of that ruling can be accessed here. I wrote at the time that “[a]t first blush, this case appears to be a likely candidate for rehearing en banc.”

My post collecting press coverage of the three-judge panel’s ruling is here, while a post noting press coverage of the filing of the rehearing petitions in this case can be accessed here.

At “SCOTUSblog,” Lyle Denniston reports on certain of today’s D.C. Circuit rulings and non-rulings: Lyle has posts titled “Hirota decision’s scope narrowed” and “Another decision day, no detainee decision.”

“The primary question in this appeal is whether petitioner, a student at the University of Georgia, alleged facts sufficient to withstand defendants’ motion to dismiss her Title IX claim based on student-on-student sexual harassment.” So began a 32-page decision that a three-judge panel of the Eleventh Circuit issued in March 2006. The Eleventh Circuit’s decision overturned in large measure the dismissal on the pleadings of a lawsuit brought by a female University of Georgia student who alleges that she was sexually assaulted and raped by two student athletes at the school.

Today, the same three-judge panel sua sponte grants panel rehearing in the case and issues an even lengthier ruling that reaches the same result while “address[ing] certain claims more fully.” Today’s decision on panel rehearing has also precipitated a specially concurring opinion that was not part of the panel’s original ruling.

“A Legal Perspective on Anna Nicole Smith”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”

“Senate Panel OKs 9th Circuit Judge”: Lawrence Hurley has this article (free access) today in The Daily Journal of California.

“Death May Not End Anna Nicole’s Fight; Federal courts could determine fate of multimillion-dollar case”: The ABA Journal eReport today provides this coverage.

“Court Blocks Suspect’s Transfer to Iraq”: The Associated Press provides this report.

And James Vicini of Reuters reports that “U.S. prisoner in Iraq can’t be transferred, court rules.”

My earlier coverage appears at this link.

Oops, at this defendant’s federal criminal trial, they forgot to swear-in one of the key witnesses for the prosecution: And no one seemed to notice until after the witness had been excused. The U.S. Court of Appeals for the Seventh Circuit today has issued a ruling that confronts this very situation, one that thankfully doesn’t arise all that often.

“In this case we are called on, yet again, to hear a challenge to state programs restricting benefits to ‘native Hawaiians’ or ‘Hawaiians.'” So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today in a case on remand from the U.S. Supreme Court following a GVR.

If you’ve ever wondered how they make that “Dippin’ Dots” ice cream, the answer is it’s obvious: The U.S. Court of Appeals for the Federal Circuit today has issued this decision involving the patent for making “Dippin’ Dots” ice cream. I must admit that I’ve never found that product so irresistible that I had to try it.

“‘Ask the Author’ with Jan Crawford Greenburg: Part 3.” The third and final part of her interview at “SCOTUSblog” can be accessed here. I’m looking forward to seeing Jan and Law Professor Jeffrey Rosen speak about their new books on Tuesday evening, February 13th at the National Constitution Center in Philadelphia (details here).

Free Bird: The Pittsburgh Post-Gazette reports today that “Man sues city after being cited for ‘flip’ gesture.”

And The Pittsburgh Tribune-Review reports today that “Regent Square driver sues city, officer over finger-flip ‘trauma.’”

The American Civil Liberties Union of Pennsylvania yesterday issued a press release titled “ACLU Sues City of Pittsburgh for Violating Rights of Man Who Flipped Off Police Officer.” You can access at this link a copy of the complaint filed yesterday in federal court in Pittsburgh.

“Libby’s Defense to Begin Monday”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR‘s “Morning Edition.”

And The Associated Press provides a report headlined “NBC’s Russert: Witness Stand Unpleasant.”

Divided three-judge D.C. Circuit panel affirms preliminary injunction barring the transfer to Iraqi authorities for trial on terrorism charges of an American citizen captured and detained in Iraq by U.S. military forces: You can access today’s ruling at this link.

Circuit Judge David S. Tatel delivered the opinion of the court, in which Senior Circuit Judge Harry T. Edwards joined. Circuit Judge Janice Rogers Brown dissented from most of the majority’s ruling. Deputy Solicitor General Gregory G. Garre argued the case in the D.C. Circuit on the federal government’s behalf.

En banc D.C. Circuit overturns D.C. Metropolitan Police Department detective’s federal criminal conviction for receiving an illegal gratuity “for or because of an official act”: You can access today’s en banc ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The en banc court divided 7-5 over the result.

When the divided three-judge panel in this case issued its ruling in February 2006, two of the judges on the panel were senior status D.C. Circuit judges. Both chose to participate in the en banc rehearing, as is their right, and today their votes enabled the en banc majority to reach the same result that the panel majority had reached. My earlier coverage of the three-judge panel’s ruling appears here.

“Idaho’s Judge Smith could move to 9th Circuit”: This article appears today in The Idaho Statesman.

“Solomon Amendment Amelioration”: Michael C. Dorf has this post today at his blog, “Dorf on Law.”

“Army expects to retry Watada; But his lawyer plans to claim double jeopardy”: The Seattle Post-Intelligencer contains this article today.

And today in The San Francisco Chronicle, Bob Egelko reports that “Officer to fight against retrial; Watada’s attorney cites double jeopardy; legal expert disagrees.”

“Glitz, scandal, fame, loss — and death at 39”: This article appears today in The Los Angeles Times. And David G. Savage reports that “Estate battle goes on in courts; The dispute between Smith and her late husband’s family is likely to continue in the name of her daughter.”

USA Today reports today that “Death won’t end legal battles; Baby’s paternity, late husband’s estate are still up in the air.”

The New York Times reports that “Anna Nicole Smith Is Found Dead in Florida.”

The Washington Post contains articles headlined “A Troubled Tabloid Life Ends in Fla.; Tawdry Fame, Controversy Shadowed Anna Nicole Smith” and “The Fantasy Of Happily Ever After; Anna Nicole Smith Stripped Marriage Of Its Illusions.”

The Associated Press reports that “Smith Left Baby, Tangled Legal Web.”

And The New York Sun contains a law-related editorial entitled “Vickie Lynn Marshall.”

“DA rejects deal to spare Nichols death sentence”: The Atlanta Journal-Constitution today contains an article that begins, “Accused Fulton County courthouse killer Brian Nichols is willing to plead guilty if prosecutors will drop their plans to seek the death penalty, but District Attorney Paul Howard has refused to negotiate, according to a court motion filed Thursday.”

“Herald asks SJC to reverse libel verdict; Panel questions writer’s actions”: The Boston Globe today contains an article that begins, “Massachusetts Supreme Judicial Court justices peppered lawyers for the Boston Herald yesterday with questions about a reporter’s destruction of notes and about factual mistakes in the journalist’s work as the justices began their review of a $2.09 million libel award against the newspaper.”

And The Boston Herald reports today that “SJC hears Herald libel case: Questions focus on malice issue.”

“NBC’s Russert Wraps Up Prosecution Case in Libby Trial”: Neil A. Lewis has this article today in The New York Times. And in related coverage, “Media Censors for the Jury Let a Style Item Get Through.”

The Washington Post reports today that “Prosecution Rests Case In Libby’s Perjury Trial.”

The Los Angeles Times reports that “Prosecution rests case against Libby; A sometimes testy cross-examination of Tim Russert wraps up; The defense starts Monday.”

And The New York Sun reports that “Libby Defense Plans To Call Top Journalists to the Stand.”

“Fired Prosecutor Disputes Justice Dept. Allegation; He Calls Testimony ‘Unfair’; Meanwhile, Senate Panel Votes to Limit Attorney General’s Power”: The Washington Post today contains an article that begins, “A recently fired U.S. attorney based in Seattle said yesterday that he was told of no performance problems when he was asked to resign, and he called critical remarks by a top Justice Department official ‘unfair’ and inaccurate.”

“The A.B.A.’s Judicial Ethics Mess”: The New York Times contains this editorial today.

“Top State Judges Move To Bolster Public’s Confidence”: This article appears today in The New York Sun.