How Appealing

Monday, June 26, 2006

More news regarding the author of the blog "Underneath Their Robes": The U.S. Court of Appeals for the Third Circuit issued this order today. And while it is not uncommon to see someone added as counsel retroactively in support of the winning side of an appeal, deserving of even more respect are those who seek to be added as counsel retroactively in support of the losing side on appeal. Today's earlier news regarding the subject of this post can be accessed here.
Posted at 09:20 PM by Howard Bashman


"We address in this case the effect of an anonymous tip, received by police, that a certain type of vehicle, driving in a certain direction, was driving illegally. The majority today concludes a tip of this nature provides reasonable cause to detain the driver of such a vehicle, even though police fail to confirm any alleged illegality." Dividing 4-3, the Supreme Court of California issued this ruling today.
Posted at 09:04 PM by Howard Bashman


"Court Upholds Little Rock Desegregation": The AP provides this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 08:45 PM by Howard Bashman


"Court to Hear Arguments in Taped Call Case": The Associated Press provides a report that begins, "A federal appeals court has agreed to hear new arguments in a case involving an illegally taped telephone call leaked to reporters by Rep. Jim McDermott, D-Wash. In an announcement late Monday, the U.S. Circuit Court of Appeals for the District of Columbia said all nine judges will hear McDermott's appeal of the taped call case, which dates back nearly a decade."

My earlier coverage of the divided three-judge D.C. Circuit panel's ruling in the case, from March 2006, can be accessed here and here.
Posted at 08:35 PM by Howard Bashman



Available online from National Public Radio: On this evening's broadcast of "All Things Considered," Nina Totenberg had audio segments entitled "High Court Throws Out Vermont Campaign Limits" and "Court's Docket: Detainees, Texas Districts."

And today's broadcast of "Day to Day" contained audio segments entitled "Court Rules on Campaign Spending, Death Penalty" (featuring Dahlia Lithwick) and "U.S. Senate to Debate Flag-Burning Amendment."

RealPlayer is required to launch these audio segments.
Posted at 08:35 PM by Howard Bashman



"Jim Haynes deserves a vote in Senate to become judge": William J. Watkins Jr., author of the "South Carolina Appellate Law Blog," has this op-ed today in The Greenville News.
Posted at 08:18 PM by Howard Bashman


"Lat quits Wonkette; To do law blog for Spiers": Via Romenesko comes this news (second item) from, of all places, Women's Wear Daily. Obviously, blogging about the law non-stop is too much fun to abandon for coverage of politics and cute interns.
Posted at 08:10 PM by Howard Bashman


"The Fifth Annual Supreme Court Breakfast Table": Slate today has launched this conversation between Dahlia Lithwick and Walter Dellinger.
Posted at 08:00 PM by Howard Bashman


Stephen Henderson of Knight Ridder Newspapers is reporting: Now available online are articles headlined "Justices reject strict limits on campaign contributions" and "Supreme Court takes new direction on death penalty."
Posted at 07:55 PM by Howard Bashman


"Justices Block Vermont Campaign Finance Law": Neil A. Lewis of The New York Times provides this news update.
Posted at 07:54 PM by Howard Bashman


"Supreme Court to Hear Greenhouse Gas Case": David G. Savage of The Los Angeles Times provides this news update.

And The New York Times provides a news update headlined "Justices to Rule on Regulation of Carbon Dioxide."
Posted at 07:45 PM by Howard Bashman



Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "High court strikes state's campaign fund limits; It found that Vermont's restrictions amounted to government censorship, violating the free speech of candidates"; "High court defers to states on death penalty; Monday's 5-4 ruling lets them decide how juries should weigh evidence in sentencing convicts": and "High court to hear 'greenhouse' case; It will consider whether the EPA must regulate carbon dioxide, which is said to contribute to global warming."
Posted at 07:35 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Justices: Defendants Can Hire Own Lawyers"; "Supreme Court Refuses Appeal in Drug Case"; "Justices Refuse Winnie the Pooh Case"; "Justices Reject Appeal in Hip-Hop Case"; and "Justices Won't Hear Ex-La. Governor Appeal."
Posted at 07:32 PM by Howard Bashman


"High Court Affirms Defendants' Right to Counsel of Choice; Decision is one of several handed down Monday, in what is likely to be the final week of the current term": law.com's Tony Mauro provides this news update.
Posted at 07:25 PM by Howard Bashman


"Our circuit has not previously decided whether an attempt to entice a minor to engage in illegal sexual activity requires that the intended victim be an actual minor." Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision holding that no actual minor is required to gain a conviction of that federal crime.
Posted at 11:24 AM by Howard Bashman


Three-judge Federal Circuit panel divides over Seventh Amendment right to jury trial on factual questions of intent to deceive and materiality of deceptively withheld information: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. In her dissenting opinion, Circuit Judge Pauline Newman offers an interesting historical review of the right to a jury trial on these sorts of factual issues.
Posted at 11:18 AM by Howard Bashman


Today's U.S. Supreme Court Order List and opinions in argued cases: The Court today issued decisions in five cases and announced that the next day on which opinions will issue will be Wednesday. That likely will be the final date on which opinions will issue this Term, although additional orders could issue on Thursday.

1. The Court issued its ruling in Randall v. Sorrell, No. 04-1528, a matter better known as the Vermont campaign finance case. You can access the oral argument transcript here. Additional information about the case is available at this link.

2. The Court issued its ruling in Kansas v. Marsh, No. 04-1170, one of the cases reargued after Justice Samuel A. Alito, Jr. joined the Court. You can access the oral argument transcripts here and here. Additional information about the case is available at this link.

3. The Court issued its ruling in Washington v. Recuenco, No. 05-83. You can access the oral argument transcript here. Additional information about the case is available at this link.

4. The Court issued its ruling in United States v. Gonzalez-Lopez, No. 05-352. You can access the oral argument transcript here. Additional information about the case is available at this link.

5. And finally, the Court issued its decision in Arlington Central School Dist. Bd. of Ed. v. Murphy, No. 05-18. You can access the oral argument transcript here. Additional information about the case is available at this link.

You can access today's Order List at this link. The Court today granted review in five cases and called for the views of the Solicitor General in an additional case.

At "SCOTUSblog," Lyle Denniston has posts titled "Decisions: campaign finance limits nullified; five rulings overall" and "Orders: Court grants EPA, four other cases."

In early news coverage, Gina Holland of The Associated Press reports that "Alito Breaks Tie, Kan. Death Penalty Stays" and "High Court Declines Anti-Abortion Tag Case." The AP is also reporting that "High Court Rejects Vt. Campaign Finance Law" and "Supreme Court to Hear Bush Environment Case."
Posted at 10:00 AM by Howard Bashman



"Man Says He's on Heroin to Avoid Jury Duty": The Associated Press provides this report.

And in local coverage, The Columbus Dispatch on Saturday reported that "Irreverent would-be juror finds joke's on him."
Posted at 09:50 AM by Howard Bashman



"Roberts's First Term Gave Companies Most of What They Sought": Greg Stohr of Bloomberg News provides this report.
Posted at 07:10 AM by Howard Bashman


"Kansans on death row wait for court's ruling": The Wichita Eagle today contains an article that begins, "The U.S. Supreme Court is expected to rule this week in a case that will likely decide whether prosecutors can pursue death sentences against two of the alleged killers of Chelsea Brooks."
Posted at 07:10 AM by Howard Bashman


"Court Review of Wiretaps May Be Near, Senator Says": This article appears today in The New York Times.
Posted at 07:07 AM by Howard Bashman


In news from Oklahoma: The Tulsa World yesterday reported that "Police report links former judge, missing trial witness." On Saturday, the newspaper reported that "Jurors learn of ex-judge's maladies; A prosecution witness demonstrates how to operate a penis pump." And on Friday, the newspaper reported that "Former jurors take stand; One testifies that the defense attorney tried to persuade her to change her testimony."

In other coverage, The Sapulpa (Okla.) Daily Herald reported Saturday that "Thompson's DNA found on robe, expert says." On Friday, the newspaper reported that "Former jurors testify in Thompson trial." And on Thursday, the newspaper reported that "Employees testify judge had exposed himself."
Posted at 07:00 AM by Howard Bashman



"A Phantom, or the Killer? A prosecutor said Carlos Hernandez didn't exist; But he did, and his MO fit the crime." This article -- part two of a three-part series -- appears today in The Chicago Tribune. And today's newspaper also contains a related article headlined "Co-prosecutor knew of Hernandez; He now says he should have told his partner."
Posted at 06:55 AM by Howard Bashman


"This Land Is Wetland: The Supreme Court issues an environmental ruling that does little yet threatens much." This editorial appears today in The Washington Post.
Posted at 06:48 AM by Howard Bashman


"Why Pay a Fraud Plaintiff to Sue?" Law Professor Richard A. Booth has this essay today at washingtonpost.com.
Posted at 06:44 AM by Howard Bashman


"Roberts plays dual roles: Chief justice and father; Family life reflects generational shift in Supreme Court." Joan Biskupic has this article today in USA Today.
Posted at 06:35 AM by Howard Bashman


"Hedge funds no longer required to register with SEC; Ruling won't affect agency's ability to prosecute on fraud charges": USA Today contains this article today. My earlier coverage appears here and here.
Posted at 06:30 AM by Howard Bashman


"Flag-Burning Debate Reclaims Spotlight; Senate Plans to Vote on Constitutional Amendment This Week": This article (free access) appears today in The Wall Street Journal.

USA Today reports today that "Flag desecration could become an issue in state elections."

And in the "Talk of the Town" section of the June 3, 2006 issue of The New Yorker, Hendrik Hertzberg has a Comment entitled "For Which it Stands."
Posted at 06:28 AM by Howard Bashman



"Blawg Review #63": Available onlne here at "The Airport Lawyer."

"How Appealing" will host "Blawg Review #64" on Monday, July 3, 2006, and instructions on how to submit a post from your blog for inclusion in next week's installment can be accessed here.
Posted at 06:25 AM by Howard Bashman







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