How Appealing



Monday, April 24, 2006

“High court refuses to hear Utah cross-burning case”: The Salt Lake Tribune provides a news update that begins, “The U.S. Supreme Court today refused to hear the appeal of a Utah man who was convicted of violating the civil rights of an interracial Salt Lake City couple by burning a cross outside their home.”

Posted at 9:04 PM by Howard Bashman



“The Ninth Circuit and the No-Cite Rule”: In last Friday’s edition of The Recorder of San Francisco, Law Professor Stephen R. Barnett had an essay that begins, “The U.S. Supreme Court on April 12 approved a new federal rule of appellate procedure — Rule 32.1 — requiring all federal courts to allow citation of their unpublished opinions.”

Posted at 8:30 PM by Howard Bashman



“Court: Exxon Can Be Sued in Spouse Death.” The Associated Press provides a report that begins, “A retired steamfitter who claims his asbestos-contaminated work clothes caused his wife’s death can sue Exxon Mobil, owner of a refinery where he worked, New Jersey’s Supreme Court ruled Monday.” You can access today’s ruling of the Supreme Court of New Jersey at this link.

Posted at 5:33 PM by Howard Bashman



This blog’s “20 questions for the appellate judge” archive has a new address: The archive of those interviews now resides at this link.

Posted at 5:25 PM by Howard Bashman



“Ex-Conn. Justice: Ruling Held for Nominee.” The Associated Press provides a report that begins, “Connecticut’s former chief justice acknowledged Monday that he delayed the release of a recent state Supreme Court ruling to help secure the confirmation of the justice nominated to succeed him, lawmakers said.”

My earlier coverage of, and links to, the ruling at issue can be accessed here.

Posted at 5:20 PM by Howard Bashman



“Scalia’s mistake”: In today’s edition of The National Law Journal, Brian T. Fitzpatrick has an essay that begins, “Supreme Court Justice Antonin Scalia is an opinionated guy. I know. I clerked for him four years ago. Every once in a while, however, Scalia’s love of intellectual engagement leads him to make a mistake. He made one of these mistakes recently.”

Posted at 3:50 PM by Howard Bashman



“Death penalty method faulted; A human rights group report, to be released today, demands a halt to lethal injections”: Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper. At his “Sentencing Law and Policy” blog, Law Professor Doug Berman discusses the report and links to it here.

Posted at 2:10 PM by Howard Bashman



“Legacy of the Rehnquist Court: U.S. Solicitor General Paul Clement and former Solicitors General Theodore Olson and Walter Dellinger take part in a panel discussion on the legacy of former Chief Justice William Rehnquist.” This past Saturday’s broadcast of C-SPAN‘s “America & the Courts” program can be viewed online, on demand by clicking here (RealPlayer required).

Posted at 11:54 AM by Howard Bashman



“2 high court candidates declaring stands on issues; They say practice helps inform public; others worry it undermines judiciary’s impartiality”: The Arkansas Democrat-Gazette today contains an article that begins, “Two candidates in next month’s Arkansas Supreme Court elections are breaking with long-standing practice and running on something other than their titles and experience: They’re taking stands.”

Posted at 11:50 AM by Howard Bashman



“Court: if It’s Indian, It Can’t Be Scotch.” The Associated Press provides a report that begins, “An Indian court has ruled that Indian whiskey manufacturers cannot use the words ‘Scot’ or ‘Scotch’ to describe their products, in compliance with World Trade Organization rules, a newspaper reported Monday.”

You can access last Thursday’s ruling of the High Court of Delhi at this link.

Posted at 10:10 AM by Howard Bashman



Today’s U.S. Supreme Court Order List: You can access today’s Order List at this link. The Court granted review in no new cases today but called for the views of the Solicitor General in one case.

The Court today also issued a very brief per curiam opinion in Salinas v. United States, No. 05–8400.

In addition, Justice John Paul Stevens issued a statement respecting the denial of certiorari in Moreland v. Federal Bureau of Prisons, No. 05-8268.

In early news coverage, The Associated Press reports that “Court Won’t Hear Fight Over Jesus Poster.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “No new grants.”

Posted at 10:03 AM by Howard Bashman



“Double Standards”: Today in The New York Sun, John Leo has an op-ed that begins, “Last week was a tough one for Stephen Reinhardt, the most liberal judge on the most liberal federal circuit (Ninth).”

Posted at 7:32 AM by Howard Bashman



“Florida’s execution method disputed; A man on Florida’s Death Row for killing a police officer says the state’s execution method can cause excruciating pain; The high court will hear arguments Wednesday”: The Miami Herald contains this article today.

The Pensacola News Journal reports today that “Hill case hits high court; Justices to consider appeal on last-minute challenges to injection executions.”

Meanwhile, from Kansas, The Wichita Eagle reports that “Court’s decision will affect fate of 8; The U.S. Supreme Court this week will rehear arguments on Kansas’ death penalty law.”

And The Topeka Capital-Journal contains articles headlined “Death penalty returns to Supreme Court; Second case on docket Tuesday” and “Ralliers gather at tree; Planting marked state resuming death penalty.”

Posted at 7:30 AM by Howard Bashman



“Saving Democracy, Pupil by Pupil”: Yesterday in The Washington Post, columnist David S. Broder had an op-ed that begins, “Between them, Sandra Day O’Connor and Roy Romer have had enough successful careers to satisfy half a dozen ambitious individuals.”

Posted at 7:20 AM by Howard Bashman



“Flynt Faces Rowdy Law Crowd; Hustler Magazine publisher draws hisses in speech on First Amendment rights”: This article appears today in The Harvard Crimson.

Posted at 7:12 AM by Howard Bashman



“Summations due, then Moussaoui’s fate decided; Case nears an end after trial that took 7 weeks to determine penalty after guilty pleas on terror counts”: The Richmond Times-Dispatch contains this article today.

The Los Angeles Times today contains an article headlined “Life of a Terrorist: Seeking, and Finding, His Jihad; Zacarias Moussaoui was an easy mark; Young and nearly broke, sleeping in a London shelter, he was ashamed of his past and uncertain of his future.”

And The Associated Press reports that “Defense Hopes for Mercy in Moussaoui Case.”

Posted at 7:10 AM by Howard Bashman



“Can the Man Who Charmed Houston Do the Same to the Enron Jury?” This article appears today in The New York Times.

The Washington Post reports today that “Enron Founder to Say He’s Optimistic, Not Dishonest.”

The Los Angeles Times reports that “Lay Puts Hopes in Optimism; The Enron founder is likely to testify he never deceived but saw events in a positive light.”

The Houston Chronicle reports that “Words could hurt Lay on stand; Any sweeping statement about his character could revive past allegations.”

And USA Today reports that “At Enron trial, all eyes turn to Lay.”

Posted at 7:08 AM by Howard Bashman