How Appealing



Monday, August 10, 2009

“Court allows third Westar trial”: The Topeka Capital-Journal has a news update that begins, “An appeals court on Monday denied a request of David Wittig and Douglas Lake, former top executives of Westar Energy Inc., to prevent them from facing a third trial for allegedly looting the company.”

And The Associated Press reports that “Appeals court allows new trial for ex-Westar execs.”

You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 11:20 PM by Howard Bashman



“Va. court upholds prisoner abuse conviction”: The Associated Press has a report that begins, “A federal appeals court in Virginia has upheld the conviction of the first American civilian found guilty of mistreating a detainee during the wars in Iraq and Afghanistan.”

According to today’s opinion of the U.S. Court of Appeals for the Fourth Circuit, “This case presents novel questions concerning the reach of federal criminal law to acts that an American civilian commits abroad while in service to this Country.”

Posted at 11:08 PM by Howard Bashman



“Change of Venue: In Retirement, Justice O’Connor Still Rules.” Jess Bravin will have this article Tuesday in The Wall Street Journal.

Posted at 10:30 PM by Howard Bashman



“A divided appeals court affirms jury’s $14 million award to a former death-row inmate”: The Times-Picayune of New Orleans has a news update that begins, “In a tied vote that means a mandatory affirmation of the lower court’s ruling, the U.S. 5th Circuit Court of Appeals today upheld the $14 million jury verdict against the Orleans Parish District Attorney’s Office for misconduct in the 1985 murder trial of John Thompson.”

You can access today’s en banc order of the U.S. Court of Appeals for the Fifth Circuit, affirming the district court’s judgment by an evenly divided vote, at this link. The order is accompanied by concurring and dissenting opinions.

Back in December 2008, a unanimous three-judge Fifth Circuit panel issued a decision affirming the judgment in this case. My earlier coverage of that ruling appears at this link.

Posted at 3:58 PM by Howard Bashman