How Appealing



Wednesday, May 28, 2014

“Guantanamo lawyers spar over CIA ‘black site’ disclosures; Defense attorneys in the USS Cole trial want details of their client’s treatment while in CIA custody”: Carol Rosenberg of The Miami Herald has this report.

Posted at 8:42 PM by Howard Bashman



“The Supreme Court’s Empty Defense of the Intellectually Disabled: States ignored a prior ruling outlawing executions — and the justices let them get away with it.” Law professor David R. Dow has this essay online at The New Republic.

Posted at 8:32 PM by Howard Bashman



“U.S. Seeks to Censor More of Memo That Approved Drone Strike on American”: Charlie Savage will have this article in Thursday’s edition of The New York Times.

Posted at 8:23 PM by Howard Bashman



“After Halliburton, SCOTUS has another securities litigation puzzler”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:11 PM by Howard Bashman



“9th Circuit rejects Brown’s prison oversight appeal”: Paige St. John of The Los Angeles Times has this news update.

Courthouse News Service has a report headlined “Procedural Slap Against Calif. in Prison-Reform Case.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “State Must Disclose Plan to End Court Oversight of Prisons.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:05 PM by Howard Bashman



“Hatch concedes gay marriage will probably become legal in U.S.; Utah’s Republican senator doesn’t agree with same-sex marriage but believes the writing is on the wall”: The Salt Lake Tribune has this news update.

Posted at 6:20 PM by Howard Bashman



“Pennsylvania Supreme Court overturns ban on expert testimony about eyewitness identification”: The Associated Press has a report that begins, “Pennsylvania criminal defendants won the right to offer expert testimony about the reliability of eyewitness identification in a decision Wednesday by a divided state Supreme Court that overturned a 20-year prohibition against it.”

Today’s 4-to-2 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and two dissenting opinions (here and here).

A separate ruling that Pennsylvania’s highest court issued today gave state prosecutors more reason to celebrate. In that other case, the court ruled by a differently composed 4-to-2 margin that a defendant’s proposed expert testimony concerning the phenomenon of “false confessions” was not admissible. This ruling consisted of a majority opinion, two concurring opinions (here and here), and a dissenting opinion.

Posted at 6:15 PM by Howard Bashman



“Court upholds ‘First Amendment’ right to film police; Ruling is one of many nationwide supporting right to record police”: David Kravets of Ars Technica has this report today.

Posted at 6:08 PM by Howard Bashman



“Appeals courts denies BP’s request to keep claims payments on hold”: The Times-Picayune of New Orleans has a news update that begins, “A federal appeals court has denied BP’s request to keep business claims on hold while it appeals its Gulf of Mexico oil spill settlement to the Supreme Court. The oil giant said it will now ask the nation’s highest court to put a new stay on the payments.”

Posted at 1:30 PM by Howard Bashman



“Amid Split on Bank Case, U.S. Seeks a Middle Path”: In today’s edition of The New York Times, Charlie Savage has an article that begins, “Solicitor General Donald B. Verrilli Jr. faced a legal and bureaucratic dilemma this year: Obama administration officials could not agree about what he should tell the Supreme Court about a lawsuit in which American victims of terrorist attacks in Israel are suing Arab Bank, the largest financial institution in Jordan.”

You can view the federal government’s recently filed U.S. Supreme Court amicus brief at this link.

Posted at 8:04 AM by Howard Bashman



“Holder Hints Reporter May Be Spared Jail in Leak”: In today’s edition of The New York Times, Charlie Savage has an article that begins, “Attorney General Eric H. Holder Jr. hinted Tuesday that the Justice Department might choose not to jail a New York Times reporter for defying a subpoena forcing him to discuss his confidential sources — even as the Obama administration continues to pursue the right to do so before the Supreme Court.”

Posted at 8:00 AM by Howard Bashman