How Appealing

Tuesday, August 23, 2016

"Federal appeals court orders a new trial in 1991 murder of 17-year-old girl killed for her earrings": Robert Moran of The Philadelphia Inquirer has an article that begins, "A federal appeals court ruled Tuesday that a Philadelphia man sentenced to die for the 1991 murder of a teenage girl who was killed for her earrings should be freed or granted a new trial because evidence suggesting his innocence was withheld by police and prosecutors."

You can access today's 227-page en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:14 PM by Howard Bashman



"Ban on advocacy ads at airport ruled unconstitutional": Julia Terruso of The Philadelphia Inquirer has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:05 PM by Howard Bashman


"SF court casts doubt on cockfighting as a deportable crime": Bob Egelko of The San Francisco Chronicle has this report.

And Maura Dolan of The Los Angeles Times reports that "Federal appeals court sides with immigrant convicted of cockfighting."

Circuit Judge John B. Owens issued today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And today at "Above the Law," Kathryn Rubino has a post about Circuit Judge Owens titled "Our New Favorite Federal Jurist Punches Up Opinions With Pop Culture References." See also this earlier "How Appealing" post.
Posted at 08:30 PM by Howard Bashman



This month in "How Appealing" history: Thirty years ago this month, your law blogger arrived in Atlanta as a 21-year-old first-year student at the Emory University School of Law, which coincidentally is celebrating its 100th anniversary this academic year. Here's wishing all of the thousands of law students who are beginning their law school journeys this month a rewarding and meaningful career that surpasses all of their hopes and expectations. And for those who wonder if this blog will still be around in 30 years from now, Lyle Denniston still actively blogs about the law at the tender age of 85.
Posted at 08:06 PM by Howard Bashman


"Employer alert: Your arbitration clause is going to be tested at SCOTUS." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 06:00 PM by Howard Bashman


Ninth Circuit rejects facial constitutional challenges to California law prohibiting state-licensed mental health providers from engaging in "sexual orientation change efforts" with minor patients: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman


"6th Cir, on 2-1 Vote, Reverses Expansive Early Voting 'Golden Week' Decision": Rick Hasen has this post at his "Election Law Blog" about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

And The Associated Press has a report headlined "Appeals court: Week of early voting shouldn't return to Ohio."
Posted at 01:10 PM by Howard Bashman



"The summer of Sandra Day O'Connor, then and now": Joan Biskupic of CNN.com has an article that begins, "She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O'Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy."
Posted at 11:25 AM by Howard Bashman


"Ohio inmate who survived '09 execution appeals to high court": The Associated Press has a report that begins, "A condemned Ohio killer who survived a 2009 botched execution is asking the U.S. Supreme Court to declare that a second attempt to put him to death would be unconstitutional."

As Court News Ohio previously reported, in March 2016 the Supreme Court of Ohio ruled 4-to-3, in a decision you can access here, that "Second Execution Attempt Is Not Cruel and Unusual Punishment."

This blog's earlier coverage of this particular botched execution appears at this link.
Posted at 10:30 AM by Howard Bashman



"Differences aside, Supreme Court unites Trump, Senate GOP": Sam Hananel and Mary Clare Jalonick of The Associated Press have this report.
Posted at 10:09 AM by Howard Bashman


"U.S. appeals court strikes down Ernst & Young class action waiver": Robert Iafolla of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

In her dissenting opinion, Circuit Judge Sandra S. Ikuta wrote that the majority's decision was "breathtaking in its scope and in its error; it is directly contrary to Supreme Court precedent and joins the wrong side of a circuit split." Yesterday's decision is unlikely to be the last we hear of this case.
Posted at 10:00 AM by Howard Bashman



"Suit over alleged sexual assault at Bucknell over after four years": John Beauge of The Patriot-News of Harrisburg, Pennsylvania had this article back in May 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision affirming the entry of summary judgment in favor of Bucknell University and various of its employees. [Update: This post has been corrected to note that the entry of summary judgment was in favor of these defendants.]
Posted at 09:50 AM by Howard Bashman



"Where the Death Penalty Still Lives: As capital punishment declines nationwide, a tiny fraction of the country generates an alarming number of death sentences; What this new geography tells us about justice in America." Emily Bazelon will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:30 AM by Howard Bashman


"Comcast's Golf Channel beats appeal over Allen Stanford fraud": Jonathan Stempel of Reuters has this report on a per curiam ruling that a two-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:22 AM by Howard Bashman


"Inside the Conservative Push for States to Amend the Constitution": Michael Wines has this front page article in today's edition of The New York Times.
Posted at 08:10 AM by Howard Bashman






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