How Appealing



Wednesday, June 14, 2006

Department of Homeland Security’s policy of detaining in Colorado those aliens arrested in Montana and Idaho causes lawful permanent resident to be subject to removal under Tenth Circuit law even though he would not be subject to removal under Ninth Circuit law: The U.S. Congress may not end up transferring all immigration cases to the Federal Circuit (a proposal that I previously discussed here), but DHS has found a way to remove some cases from the Ninth Circuit’s jurisdiction, as this Tenth Circuit ruling issued today makes clear.

Posted at 9:14 PM by Howard Bashman



“Appeals may delay trial of ex-judge”: The Tulsa World today contains an article that begins, “Defense lawyers for former Creek County District Judge Donald Thompson, who is accused of using a penis pump in the courtroom during trials, scrambled Tuesday night to have two appeals heard before his trial starts.” And a more recent news update is headlined “Judge appointed to hear appeal in former judge’s indecent exposure case; trial off for week.”

The Sapulpa (Okla.) Daily Herald reports today that “Thompson trial once again faces a delay.” Yesterday’s newspaper, meanwhile, reported that “Thompson trial begins; Jury selection under way in trial of former district judge.”

And The Oklahoman today reports that “Judge refuses recusal in trial of ex-colleague.” The newspaper also provides a news update headlined “Ex-judge’s trial delayed.”

Posted at 6:54 PM by Howard Bashman



“Rove Case Lawyer Blackberries Karl: ‘Fitzgerald Called’; Robert Luskin Sends Bush’s Brain Message on Plane: ‘Case Over’; Attacks Blogosphere.” Anna Schneider-Mayerson has this article in the June 19, 2006 issue of The New York Observer.

Posted at 6:24 PM by Howard Bashman



“Ohio Court Nixes Suit vs. Philip Morris”: The Associated Press provides a report that begins, “Two smokers can’t bring a class action lawsuit against Philip Morris USA Inc. over the way the tobacco giant markets ‘light’ cigarettes, the Ohio Supreme Court ruled Wednesday.”

You can access today’s ruling of the Supreme Court of Ohio at this link, while a court-issued summary of the ruling is available here.

Posted at 6:14 PM by Howard Bashman



Today’s rulings of note from the U.S. Court of Appeals for the Federal Circuit: Who knew that employees of the U.S. Postal Service are prohibited from “drink[ing] intoxicating beverages in a public place while in uniform”? Today the Federal Circuit issued an opinion resolving whether the Veterans of Foreign Wars Post 9927, in Kettering, Ohio constitutes such a “public place.”

And a separate ruling that the court issued today involves “patents [that] disclose a diaphragm mouth call that hunters use to simulate animal sounds.”

Posted at 6:00 PM by Howard Bashman



Programming note: In connection with my day job, I have two meetings in Philadelphia early this afternoon. Additional posts will appear here later today.

Posted at 11:00 AM by Howard Bashman



“City to appeal handgun ruling; State court will be asked to restore Proposition H ban”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 10:54 AM by Howard Bashman



“Anti-Illegal Immigration Activist Sues His School District; Riverside County teen says he has a right to hold a rally against illegal immigration”: The Los Angeles Times contains this article today.

Posted at 7:29 AM by Howard Bashman



“Reno Suspect Is Also Sought in the Killing of His Wife”: The New York Times today contains an article that begins, “The man being sought in the wounding of a family court judge here on Monday is also wanted in the killing of his estranged wife earlier in the day, police officials said Tuesday.”

The Las Vegas Review-Journal reports today that “Manhunt for Reno pawnshop owner continues; Arrest warrant issued in slaying of suspect’s estranged wife; judge’s condition upgraded.”

And The Reno Gazette-Journal contains articles headlined “Warrant charges sniper suspect in fatal stabbing of estranged wife“; “Shooting sparks worries about safety“; “Some unhappy parents post Weller complaints on Web sites“; “Weller ‘out of the woods,’ says judge who heard shooting“; “Court building remains closed during repairs“; and “Mack left ‘angry’ by divorce settlement, friend says.”

Posted at 7:25 AM by Howard Bashman



“Give judges a peek at secrets: Courts don’t have to roll over for the executive branch’s claims of secrecy.” Louis Fisher has this op-ed today in The Los Angeles Times.

Posted at 7:14 AM by Howard Bashman



“Warming at the Court: The EPA claims it can’t regulate greenhouse gases and wouldn’t if it could.” The Washington Post contains this editorial today.

Posted at 7:02 AM by Howard Bashman