How Appealing



Friday, March 2, 2007

“President Giuliani’s kind of justice”: ABC News correspondent Jan Crawford Greenburg has this post today at her “Legalities” blog.

Posted at 8:57 PM by Howard Bashman



“The Holy Cross Fraternity: In 1968 a group of black kids enrolled in a small Massachusetts college; Many went on to become stars in law, literature, and finance — thanks to a far-sighted mentor.” The March 12, 2007 issue of BusinessWeek will contain an article that begins, “They are two of the most important men in American law: Clarence Thomas, arguably the most controversial member of the U.S. Supreme Court; and Theodore V. Wells Jr., the star litigator who is currently representing I. Lewis ‘Scooter’ Libby, Dick Cheney’s former chief of staff, on charges of lying in the Valerie Plame CIA leak investigation.”

And a related online extra is headlined “Supreme Court Justice Clarence Thomas Speaks: Justice Thomas talks about the lasting influence of the man who guided him through his years at Holy Cross and why he’s not a beneficiary of affirmative action.”

Thanks to Stuart Buck for the pointer.

Posted at 3:35 PM by Howard Bashman



Relying on the state secrets doctrine, Fourth Circuit affirms dismissal of lawsuit in which Khaled El-Masri alleged that the defendants were involved in a CIA operation in which he was detained and interrogated in violation of his rights under the Constitution and international law: You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Back on November 29, 2006, The Washington Post published a lengthy article about the case headlined “The Wronged Man: Unjustly Imprisoned and Mistreated, Khaled al-Masri Wants Answers the U.S. Government Doesn’t Want to Give.”

And following the Fourth Circuit’s oral argument, the ACLU issued a press release titled “Khaled El-Masri, Victim of CIA Kidnapping and Abuse, Seeks Acknowledgement, Explanation and Apology.”

Posted at 3:11 PM by Howard Bashman



Sixth Circuit decides when a death row inmate’s federal civil rights claim challenging Ohio’s method of implementing the lethal injection accrued: Today’s ruling, by a divided three-judge panel, finds the inmate’s claim to be time-barred. The dissenting opinion, by contrast, would have held that “the statute of limitations should not begin to run until an execution becomes imminent.”

Posted at 10:30 AM by Howard Bashman



“[T]he plain import of Booker is that a 1-day, below-the-Guidelines sentence, no less than a 7,300-day, above-the-Guidelines sentence, is now a viable sentence for a district court to impose so long as it is authorized by statute and reasonable within the meaning of 18 U.S.C. sec. 3553(a).” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today, in a decision affirming a one-day prison sentence where the advisory Guidelines range produced a sentence of imprisonment of between 37 and 46 months. You can access today’s ruling at this link.

Posted at 10:23 AM by Howard Bashman



“Child porn e-mails ruled sufficient grounds for search; Court says officers don’t have to prove photos were solicited”: Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of yesterday’s Ninth Circuit ruling by a divided three-judge panel appears at this link.

And at “The Volokh Conspiracy,” Orin Kerr has an interesting post titled “United States v. Kelley and Probable Cause for Search Warrants” in which he argues that all three judges on the panel applied the incorrect Fourth Amendment standard.

Posted at 8:45 AM by Howard Bashman



“Study draft decries execution appeals process”: In today’s issue of USA Today, Richard Willing has an article that begins, “Death-sentence appeals take too long, traumatize victims’ families and burden states with millions in extra costs for housing convicted killers, a draft of a new study commissioned by the Justice Department shows.”

Posted at 8:30 AM by Howard Bashman



“Florida Panel Urges Steps for Painless Executions”: Adam Liptak has this article today in The New York Times.

The St. Petersburg Times reports today that “Review of executions on Crist’s desk; Errors were made in the Dec. 13 lethal injection of Angel Diaz, a state commission finds.”

The Gainesville Sun reports that “Governor receives execution proposals.”

And The South Florida Sun-Sentinel reports that “Commission urges changes in executions.”

Update: The blog “Ohio Death Penalty Information” has posted the Florida report online at this link.

Posted at 8:27 AM by Howard Bashman



“House Panel Subpoenas 4 Prosecutors of 8 Ousted”: This article appears today in The New York Times.

The Washington Post reports today that “House Panel Subpoenas Fired U.S. Attorneys.”

The Los Angeles Times reports that “House panel subpoenas ousted U.S. attorneys; Four of the prosecutors who say the White House forced them out for political motives are to appear Tuesday.”

And McClatchy Newspapers provide a report headlined “Sources: GOP lawmakers tried to influence federal investigation.”

Posted at 8:02 AM by Howard Bashman



“Australian Detainee Is Charged Under ’06 Law”: The Washington Post today contains an article that begins, “Pentagon officials announced yesterday that David M. Hicks, an Australian detainee in U.S. custody for more than five years, will face two counts of providing material support for terrorism, the first time anyone has been charged under the U.S. law passed last year governing military trials for some foreign terrorism suspects.”

The Los Angeles Times reports today that “Australian Hicks charged with war crime; The Guantanamo detainee, accused of supporting terrorism, is the first indicted under the new military commissions.”

The Sydney Morning Herald contains an article headlined “Hicks: my life of terror and torture; The Australian has described in detail the brutality of his US captors.”

The Washington Times reports that “Australian granted terror trial.”

And the Australian Associated Press provides a report headlined “Charges ‘made up’: Hicks’ lawyer.”

Posted at 7:58 AM by Howard Bashman



“The Supreme Court’s Recent Philip Morris Punitive Damages Decision: What It Reveals About How Constitutional Law Gets Made, and How the Court Functions.” Vikram David Amar has this essay online today at FindLaw.

Posted at 7:30 AM by Howard Bashman