How Appealing



Friday, February 17, 2006

“Jury Pool Grows for Moussaoui Sentencing”: The Associated Press provides a report that begins, “A former member of the American Civil Liberties Union was added Friday, over government objections, to the pool of potential jurors who will decide whether confessed al-Qaida conspirator Zacarias Moussaoui is sentenced to death or life behind bars.”

Posted at 11:04 PM by Howard Bashman



California Governor Arnold Schwarzenegger denies clemency to death row inmate Michael Morales: You can access Schwarzenegger’s statement of decision at this link.

Posted at 5:44 PM by Howard Bashman



“Baldwin Jumping Into The Thick of It”: Asher Hawkins of The Legal Intelligencer provides a news update that begins, “Recently confirmed Pennsylvania Supreme Court Justice Cynthia A. Baldwin has been officially sworn in and is committed to being prepared for oral arguments that are to be held in her hometown of Pittsburgh later this month, her new colleagues say.”

Posted at 5:24 PM by Howard Bashman



Second Circuit holds that state trial court violated a criminal defendant’s Sixth Amendment right to a public trial when it conditioned the attendance of the defendant’s mother and brother for the testimony of an undercover police officer upon their sitting behind a screen: Today’s ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.

Posted at 4:58 PM by Howard Bashman



“After Newsweek Reports That Goldsmith Opposed Bush Torture Policy, HLS Prof’s Critics Stay Mum”: This article appears today in The Harvard Crimson.

Posted at 4:15 PM by Howard Bashman



“Judge OKs doctors to monitor execution; Ruling keeps Morales on track for a lethal injection Tuesday”: Claire Cooper, legal affairs writer for The Sacramento Bee, today has this front page article in that newspaper. The newspaper also contains related articles headlined “Defense tries to clear air on clemency plea“; “Slaying took small town’s innocence“; and “Execution doctors an ethics issue; Medical groups criticize plan for physician to assess if the condemned can feel pain.”

Meanwhile, today in The San Francisco Chronicle, Bob Egelko reports that “Federal judge OKs state plan for execution; Doctors to be nearby to make sure killer doesn’t suffer pain.”

Yesterday’s ruling of the U.S. District Court for the Northern District of California can be accessed here.

Posted at 2:45 PM by Howard Bashman



Seventh Circuit rejects Sidley Austin LLP’s argument that the EEOC may not obtain monetary relief on behalf of former Sidley partners who, having failed to file timely administrative charges under the Age Discrimination in Employment Act, are barred from bringing their own suits: Today’s ruling, written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel, can be accessed here.

Posted at 12:44 PM by Howard Bashman



“Court to rehear public employee speech case”: Lyle Denniston provides this post at “SCOTUSblog.” That news could mean that, at present, the U.S. Supreme Court believes that Justice Sandra Day O’Connor’s departure leaves the other eight Justice who had served with her evenly divided on only one case. We’ll see soon enough whether next Tuesday’s Order List contains any other reargument announcements.

Posted at 12:35 PM by Howard Bashman



“Is That All You Got? Attorneys general shirk their duty to defend marriage laws because of political concerns.” William Duncan has this essay today at National Review Online.

Posted at 11:54 AM by Howard Bashman



In Florida, possession is now only eight-tenths of the law: The Associated Press provides a report that begins, “A motorist who told Miami-Dade County police that a suitcase laying on his back seat contained only clothing cannot now claim nearly $500,000 found inside, a sharply divided Florida Supreme Court decided Thursday.”

You can access yesterday’s 4-3 ruling of the Supreme Court of Florida at this link.

Posted at 10:45 AM by Howard Bashman



“Case pits your property rights vs. environment”: The Detroit Free Press today contains an article that begins, “A sandy farm field in Midland and a swampy tree-studded triangle of land near Mt. Clemens are at the center of a case before the U.S. Supreme Court, which is poised to define the scope of federal authority over millions of acres of wetlands.” And a related article is headlined “Group pegs argument in wetlands brief on logic from ‘Finding Nemo.’

In other coverage, Bloomberg News reports that “Landowners’ Supreme Court Case May Limit U.S. Clean-Water Rules.”

The Endangered Species & Wetlands Report provides a web page containing briefs and other resources relating to the case.

Posted at 10:24 AM by Howard Bashman



“Gillette, Schick end legal war, but battle in market rages on; Suits centered on shaving patents, advertising claims”: This article appears today in The Boston Globe.

Posted at 10:10 AM by Howard Bashman



“Starr says he supports death penalty; Lawyer aims to avoid unjustified executions”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 10:02 AM by Howard Bashman



“Enron Witness Says He Was Ordered to Mislead Company’s Board”: This article appears today in The New York Times.

The Washington Post reports today that “Talks With Skilling Described; Ex-Broadband Chief Says He Issued Warnings About Enron Unit.”

USA Today reports that “Witness stands firm on his lies; Rice ends 3 days of Enron testimony.”

And The Houston Chronicle contains articles headlined “‘Real progress’ made as case picks up steam; Two witnesses take the stand, one of them an accountant still with the company” and “Enron payout draws closer; Employees with stock in retirement plan soon will split $133.9 million, minus legal fees.”

Posted at 7:25 AM by Howard Bashman



“Why the President’s Defense of Executive Power to Wiretap Without Warrants Can’t Succeed in the Strict Constructionist Court He Wants”: Vikram David Amar and Alan Brownstein today have this essay online at FindLaw.

Posted at 7:05 AM by Howard Bashman