How Appealing



Monday, May 15, 2017

“Scotus review of Third Circuit case sought to resolve circuit split over who can challenge rental-car searches”: Matthew Stiegler has this post today at his “CA3blog.”

Posted at 4:15 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Today’s email is from attorney and longtime reader Elias Batchelder:

I started reading your blog in 2003, my first year of law school. Without ever meeting me, you nurtured my own interest in appellate law, which I have been practicing now for a decade. It is a somewhat secluded niche of practice — one which greatly benefits from keeping abreast of recent developments in diverse, unrelated fields (and one in which an legal geek couped up in an office can always savor a humorous take on the daily legal developments). My practice focuses exclusively on death penalty appeals, and since I have cited and forwarded cases I found through your posts on numerous occasions, you might take credit not only for keeping me and all your readers entertained all these years, but also for helping to save a life. Thanks for all of your hard work and best of luck going forward.

Elias, thanks so very much for that wonderful email! The possibility that “How Appealing” has helped to save someone’s life is not something that had occurred to me previously. I will post another reader email tomorrow.

Posted at 2:05 PM by Howard Bashman



“Appeals court wrestles with Trump’s revised travel ban order; Judges mull administration’s request to revise directive blasted as ‘Muslim ban'”: Josh Gerstein of Politico.com has this report.

Posted at 1:56 PM by Howard Bashman



On rare occasion, the criminal defendant-appellant will supply his own humorous movie reference: In 2016, Stacey Barchenger of The Tennessean had articles headlined “Franklin man guilty in Mitt Romney tax fraud scheme” and “Mitt Romney tax hoax lands Franklin man 4-year prison term.”

Today, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, Judge Jeffrey S. Sutton issued this opinion affirming the defendant’s conviction and vacating the defendant’s sentence.

Posted at 1:44 PM by Howard Bashman



“Unity Was Emerging on Sentencing. Then Came Jeff Sessions.” Carl Hulse has this new installment of his “On Washington” column in today’s edition of The New York Times.

Posted at 1:28 PM by Howard Bashman



“When Does Political Gerrymandering Cross a Constitutional Line?” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:22 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Kindred Nursing Centers Ltd. v. Clark, No. 16-32. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Howell v. Howell, No. 15-1031. Justice Thomas issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

3. And Justice Breyer also delivered the opinion of the Court in Midland Funding, LLC v. Johnson, No. 16-348. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



“What Makes a Parent? A brutal custody battle between two women raises questions about who has a right to rear a child — and could redefine the legal meaning of family.” Ian Parker has this article in the May 22, 2017 issue of The New Yorker.

Posted at 10:00 AM by Howard Bashman