How Appealing

Monday, June 11, 2007

"Day of Split Outcomes in Teenage Sex Case": The New York Times on Tuesday will contain an article that begins, "A judge on Monday ordered the release of a man who is serving a widely criticized 10-year prison sentence without parole for having consensual oral sex with a 15-year-old girl when he was 17. But just after the ruling was announced, Georgia's attorney general, Thurbert E. Baker, said he was appealing it, and the prisoner, Genarlow Wilson, remained behind bars."
Posted at 11:50 PM by Howard Bashman


"Judges Say U.S. Can’t Hold Man as 'Combatant'": Adam Liptak will have this article Tuesday in The New York Times. The newspaper will also contain an editorial entitled "A Ruling for Justice."

And The Washington Post on Tuesday will contain a front page article headlined "Judges Rule Against U.S. On Detained 'Combatant.'"
Posted at 11:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Appeals Court Strikes at 'Enemy Combatant' Policy"; "Loving Decision: 40 Years of Legal Interracial Unions"; and "Republicans Block No-Confidence Vote on Gonzales" (RealPlayer required).
Posted at 11:37 PM by Howard Bashman


"The way they were: A typical day at the Justice Department circa 2005." You can access this week's installment of Tom Tomorrow's "This Modern World" cartoon by clicking here.
Posted at 08:50 PM by Howard Bashman


"Flipping Off the FCC: Community standards at the federal level?" Peter Suderman has this essay today at National Review Online.
Posted at 08:45 PM by Howard Bashman


"Are Alito and company really such heartless, pro-discrimination brutes? Hardly." So writes Stuart Taylor Jr. today in the National Journal in an essay headlined "'Injustice 5, Justice 4,'" responding to this recent New York Times editorial.
Posted at 08:25 PM by Howard Bashman


"Judge Throws Out Sentence in Teen Sex Case": The New York Times provides a news update that begins, "A Georgia Superior Court judge today ordered the release of Genarlow Wilson, who has served two years of 10-year prison sentence for having consensual oral sex with another teenager at a party when he was 17. Prosecutors said they would appeal the order."
Posted at 08:20 PM by Howard Bashman


"No-Confidence Vote on Gonzales Fails in the Senate": The New York Times provides this news update.

The Washington Post provides a news update headlined "No-Confidence Resolution Against Gonzales Fails in Senate."

The Los Angeles Times provides a news update headlined "Gonzales no-confidence vote defeated."

The Associated Press reports that "GOP Blocks Gonzales No-Confidence Vote."

Reuters reports that "Senate Republicans block vote on Gonzales."

And Bloomberg News reports that "Senate Republicans Block Vote on Alberto Gonzales."

You can access today's U.S. Senate roll call vote tally on the cloture motion at this link.
Posted at 08:09 PM by Howard Bashman



"Court Says Military Cannot Hold 'Enemy Combatant'": Adam Liptak of The New York Times provides this news update.
Posted at 08:03 PM by Howard Bashman


"Supreme Court to Review Judges' Discretion in Cocaine Sentences": Charles Lane will have this article Tuesday in The Washington Post.
Posted at 07:55 PM by Howard Bashman


"Philip Morris can't shift lawsuit to federal court, justices rule": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:54 PM by Howard Bashman


"Court Ruling Boosts Case of Ousted Judge": From Islamabad, The Associated Press provides a report that begins, "Pakistan's top judge got a boost Monday when the Supreme Court allowed him to contest his suspension by President Gen. Pervez Musharraf in a case that has fueled widespread protests of the government."
Posted at 05:30 PM by Howard Bashman


"Butts Charged With Stealing Toilet Paper": The Associated Press provides a report that begins, "Police blame a woman named Butts for stealing toilet paper from a central Iowa courthouse, and while they're chuckling, the theft charge could put her in prison."

And The Times-Republican of Marshalltown, Iowa reports that "Toilet paper bandit could face three years in prison."
Posted at 03:02 PM by Howard Bashman



"Judge's critique pounds system; Suspension fails to calm Mathesius": Yesterday's edition of The Trenton (N.J.) Times contained an article that begins, "If anyone thought a monthlong suspension without pay would cure Mercer County Judge Bill Mathesius of his irreverent outspokenness and sarcastic courtroom demeanor, they were wrong. Six months after the state Supreme Court ordered Mathesius to take time off to ponder his caustic judicial manner, the self-proclaimed 'impolite and impolitic' jurist has published his reflections in a scathing critique of the state judicial system. Posted online by New Jersey Lawyer, a trade publication, the missive accuses the state's highest court of an 'assault on judicial independence' and calls its disciplinary panel 'a judicial SWAT team of scolds.'"

And New Jersey Lawyer has today posted online an article headlined "Mathesius: Sitting judge rips the judiciary and the justices."

The complete text of New Jersey state court Judge Bill Mathesius' written remarks appear under the headline "Reflections of a disreputer -- (Guaranteed: 85% of this story is 100% true)." You can also access the remarks in PDF format by clicking here.
Posted at 02:50 PM by Howard Bashman



"Philip Morris Loses U.S. High Court Case on Suit Site": Greg Stohr of Bloomberg News provides this report.

And Reuters reports that "Top court rules against Philip Morris."
Posted at 02:30 PM by Howard Bashman



"Appeal blocks release in teen sex case": CNN.com provides a report that begins, "A judge on Monday threw out the 10-year sentence against a 21-year-old for a consensual sex encounter he had as a teenager. But the state attorney general quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being."
Posted at 02:25 PM by Howard Bashman


"Senate Vote May Not Dislodge Gonzales": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Today's broadcast of the public radio program "Here & Now" contained an audio segment entitled "No Confidence in Gonzales?" (RealPlayer required).

And KYW Newsradio 1060 in Philadelphia reports that "Sen. Specter Says 'No' to Gonzales."
Posted at 02:24 PM by Howard Bashman



"Supreme Court says wage rules don't apply to home healthcare workers": David G. Savage of The Los Angeles Times provides this news update.

And Robert Barnes of The Washington Post provides a news update headlined "Court Rules Against Home Care Workers."
Posted at 02:18 PM by Howard Bashman



"Federal Court Rules in Favor of 'Enemy Combatant'": The Washington Post provides this news update.

My earlier coverage of today's Fourth Circuit ruling appears immediately below.
Posted at 02:15 PM by Howard Bashman



"Man labeled 'enemy combatant' wins court case": James Vicini of Reuters provides a report that begins, "President George W. Bush cannot order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative, the only person being held in the United States as an 'enemy combatant,' an appeals court ruled on Monday. In a major setback for Bush's policies in the war on terrorism adopted after the September 11 attacks, the appellate panel ruled 2-1 the U.S. government had no evidence to treat Ali Saleh Kahlah al-Marri as an 'enemy combatant.' The court ordered him released from military custody."

The Associated Press reports that "Court Rules in Favor of Enemy Combatant."

And at "SCOTUSblog," Lyle Denniston has a post titled "President denied authority to detain civilians in U.S."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 01:05 PM by Howard Bashman



"Even the Recused Judge Agreed With This Appeal's Outcome": Today's installment of my "On Appeal" column for law.com can be accessed here.
Posted at 12:30 PM by Howard Bashman


"Judge frees teen imprisoned for consensual oral sex": The Atlanta Journal-Constitution provides a news update that begins, "A judge today ordered that Genarlow Wilson be freed from prison, where he has spent more than two years for receiving consensual oral sex from a 15-year-old girl when he was 17. Monroe County Superior Court Judge Thomas Wilson also amended Wilson's felony conviction to a misdemeanor without the requirement that he register as a sex offender."
Posted at 12:27 PM by Howard Bashman


"Ga. Supreme Court rejects challenge to voter ID law; Reverses ruling that found it unconstitutional": Bill Rankin of The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court on Monday threw out a challenge to the state's voter ID law, ruling that the plaintiff who brought the case did not have legal standing to do it. The court's decision reverses a ruling last September by a Fulton County judge who found the law unconstitutional."

And The Associated Press reports that "Ga. Court Tosses Voter ID Challenge."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 12:03 PM by Howard Bashman



"Judge says Genarlow Wilson should be released": The Atlanta Journal-Constitution provides a news bulletin that begins, "A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served. The state is likely to appeal the ruling."

And The Associated Press provides a report headlined "Judge: No 10-Year Sentence for Teen Sex."
Posted at 11:58 AM by Howard Bashman



The Associated Press is reporting: In early coverage of today's U.S. Supreme Court rulings, Pete Yost has articles headlined "Court Allows Recovery of Cleanup Costs" and "Court Rules Against Home Care Workers."

In addition, The AP also provides reports headlined "Court Rules Against Philip Morris"; "Court to Review Cocaine Sentencing Case"; "Court Goes Against Labor in Pension Case."
Posted at 11:50 AM by Howard Bashman



"Court to hear cocaine sentence case; issues five unanimous rulings": Lyle Denniston has this post at "SCOTUSblog."

The five argued cases in which the Court today issued decisions are:

1. Long Island Care at Home, Ltd. v. Coke, No. 06-593 (opinion here; oral argument transcript here);

2. Watson v. Philip Morris Cos., No. 05-1284 (opinion here; oral argument transcript here);

3. United States v. Atlantic Research Corp., No. 06-562 (opinion here; oral argument transcript here);

4. Fry v. Pliler, No. (opinion here; oral argument transcript here); and

5. Beck v. PACE Int’l Union, No. 05-1448 (opinion here; oral argument transcript here).

You can access today's Order List at this link. The Court granted review in three cases and called for the views of the Solicitor General in one case.
Posted at 11:30 AM by Howard Bashman



"Roberts Court Discord Rises Over Abortion, Death-Penalty Cases": Greg Stohr of Bloomberg News provides this report.
Posted at 09:58 AM by Howard Bashman


Programming note: I'll be off-line until 11 a.m. eastern time meeting with a potential new appellate client. For prompt coverage of today's U.S. Supreme Court opinions and orders, please visit "SCOTUSblog."
Posted at 09:55 AM by Howard Bashman


"IQ debate unsettled in death penalty cases; The Supreme Court ruled against executing the mentally retarded, but defining that group has proved difficult": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:22 AM by Howard Bashman


"Gay marriage vote to test DiMasi's clout; House members weighing positions": This article appears today in The Boston Globe.
Posted at 08:20 AM by Howard Bashman


"A %$#@ slippery slope on raw talk? Some wonder how far broadcasters will go in the wake of a court ruling easing limits on 'unscripted expletives.'" Jim Puzzanghera has this article today in The Los Angeles Times.
Posted at 08:19 AM by Howard Bashman


"Weeding out the innocents: Just because a vast majority of prisoners were rightly convicted doesn't mean we shouldn't look for those who weren't." Law Professor Samuel R. Gross has this op-ed today in The Los Angeles Times.
Posted at 08:17 AM by Howard Bashman


"Judge to rule today on Genarlow Wilson sentence": The Atlanta Journal-Constitution provides a report that begins, "A Monroe County judge is expected to issue a ruling Monday on a request to free 21-year-old Genarlow Wilson, who is serving a 10-year prison sentence for a sexual encounter with an underage girl when he was 17. Wilson's attorney appealed to a judge last week to free Wilson from prison and throw out his conviction for receiving consensual oral sex from a 15-year-old girl when he was 17."

And today's edition of The Los Angeles Times contains an article headlined "Sex landed teen in prison, and in limbo; A consensual encounter meant a 10-year sentence for Genarlow Wilson; The law has since changed, but that may not help him."
Posted at 08:10 AM by Howard Bashman



"Judge's role in plea overturns sentence": The Washington Times today contains this article reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last Tuesday.
Posted at 08:05 AM by Howard Bashman


"Suit to decide workplace 'hate speech'": The Washington Times today contains an article that begins, "The words 'natural family,' 'marriage' and 'union of a man and a woman' can be punished as 'hate speech' in government workplaces, according to a lawsuit that is being appealed to the U.S. Supreme Court."
Posted at 08:03 AM by Howard Bashman


"No signs of phaseout for Guantanamo": This article appears today in The Boston Globe.

And The Los Angeles Times today contains an article headlined "Powell: It's time to close Guantanamo; The onetime secretary of State says the prison is only damaging the United States in the eyes of the world."
Posted at 08:00 AM by Howard Bashman



"Libby's Supporters Who Wrote to Judge Learn That Letters Take on New Life on the Web": The New York Times today contains an article that begins, "In what may be a sign of things to come, the lawyers for I. Lewis Libby Jr. last month invoked the rarely used courtroom tactic: the 'bloggers can be mean' defense."

And The Washington Post reports today that "Dozen Top Legal Scholars Line Up for Libby Appeal."
Posted at 07:48 AM by Howard Bashman



"A Test of the Senate": The New York Times today contains an editorial that begins, "The Senate has scheduled a no-confidence vote today on Attorney General Alberto Gonzales."

And The Los Angeles Times reports today that "Vote on Gonzales marks juncture in probe; The next step for the inquiry of the U.S. attorney firings is unclear as the Senate takes up a no-confidence motion, which Tony Snow calls 'purely a symbolic act.'"
Posted at 07:45 AM by Howard Bashman



"Trial this week for prosecutor in Duke case; Mike Nifong to face ethics charges": This article appears today in USA Today.
Posted at 06:45 AM by Howard Bashman


"Vietnamese, Americans Appeal Rulings on Use of Agent Orange": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court will soon hear oral arguments in lawsuits brought by citizens of Vietnam and American Vietnam War veterans who say their health has suffered from exposure to the defoliant Agent Orange."
Posted at 06:42 AM by Howard Bashman






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