How Appealing



Saturday, August 25, 2007

See you in September! Since this blog began in May 2002, I have spent the final week in August each year on vacation. And this year will be no different. New posts will next appear here on Sunday, September 2nd. In the interim, you may find me here, here, here, here, here, here, or here.

Posted at 11:50 PM by Howard Bashman



“Petitioners’ Briefs Filed in Detainee Cases”: Yesterday evening, “SCOTUSblog” published a post that begins, “Lawyers for detainees at Guantanamo Bay filed merits briefs today in Boumediene v. Bush (06-1195) and Al Odah v. United States (06-1196).” You can view those briefs and related amicus briefs both at that post and also via this link.

Posted at 11:40 PM by Howard Bashman



“Fieger indicted: Illegal donations to Edwards alleged; Lawyer denies charges that include conspiracy, obstruction of justice.” This article appears today in The Detroit News, along with articles headlined “Flashy lawyer in spotlight again; From Kevorkian to ‘Jenny Jones’ cases and his own political battles, Fieger stirs controversy” and “Fieger’s troubles may hurt Edwards; Though officials say candidate had no role in the case, charges could damage message.” The newspaper also posted online this statement from attorney Geoffrey Fieger and the criminal indictment itself.

And The Detroit Free Press today contains an article headlined “U.S. vs. Fieger: He’s accused of illegal political donations; Attorney says he’s victim of witch hunt.” In addition, columnist Brian Dickerson has an op-ed entitled “Fieger’s pumped, ready for showdown.”

Posted at 11:37 PM by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that “3rd Circuit Slashes Punitive Damages Award; Case involves occupational therapy firm’s tortious interference claims against a nursing home management company.” My earlier coverage of Thursday’s Third Circuit ruling appears at this link.

And in other news, “2nd Circuit Rules on Latest Post-‘Booker’ Issue; Federal appeals court finds notice not required in violation of release conditions.” You can access the ruling at this link.

Posted at 8:47 PM by Howard Bashman



“$2 billion refund back in play; FERC must revisit state energy crisis, appeals court rules”: This article appears today in The Sacramento Bee.

Today in The San Francisco Chronicle, Bob Egelko reports that “Ninth Circuit Court revives California bid for electricity refunds.”

Bloomberg News reports that “U.S. Must Reconsider Denial of Energy Crisis Refunds.”

And Reuters reports that “Californians could get $1.3 billion in energy ruling.”

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

Posted at 8:37 PM by Howard Bashman



“In an unusual move, federal judge seeks spot on state court”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 8:28 PM by Howard Bashman



“In Court Ruling, Noriega Is Cleared for Extradition to France”: This article appears today in The New York Times.

Today in The Miami Herald, Jay Weaver has an article headlined “Noriega extradition hearing can proceed; Former Panamanian dictator Manuel Noriega, who is being released from a Miami-area prison next month, may soon be on his way to France to face money-laundering charges.”

And The Los Angeles Times reports that “Noriega is cleared for extradition; The former Panamanian dictator can be sent to France once he leaves U.S. prison, a federal judge rules.”

Posted at 8:17 PM by Howard Bashman



“Military Says It Can Repair Guantanamo Trial Defects”: The New York Times today contains an article that begins, “In an effort to revive the war crimes trials at Guantanamo, military prosecutors argued on Friday in a special appeals court that defects in their cases identified by two military judges in June could be repaired and that the prosecutions could proceed.”

The Toronto Star reports today that “Khadr case goes to new U.S. review commission.”

McClatchy Newspapers report that “U.S. urges military appeals court to let detainee’s case proceed.”

And today’s broadcast of NPR’s “Weekend Edition Saturday” contained an audio segment entitled “Detainee Appeals Court Hears First Case” (RealPlayer required).

Posted at 8:11 PM by Howard Bashman



“Justice for an ‘Enemy Combatant’: The case of a legal U.S. resident held without charge returns to federal court.” The Washington Post today contains an editorial that begins, “The decision by the full U.S. Court of Appeals for the 4th Circuit on Wednesday to rehear the case of alleged enemy combatant Ali Saleh Kahlah al-Marri does not bode well for those the Bush administration has detained in the war on terrorism.”

Posted at 8:03 PM by Howard Bashman



“No rehearing in Summum case”: The Deseret Morning News today contains an article that begins, “The 10th Circuit Court of Appeals in Denver has denied a request for a larger rehearing on the issue of the Summum religious group’s ability to erect a display next to displays of the Ten Commandments in the city parks of Duchesne and Pleasant Grove. In a published opinion issued Friday evening, 10th Circuit judges were split 6-to-6 on whether to grant requests by Duchesne and Pleasant Grove cities to have all 12 of the 10th Circuit judges rehear the case.”

And The Salt Lake Tribune reports today that “Summum prevails in appeals court; Judges decline to reconsider decision backing display of Seven Aphorisms.”

My earlier coverage of yesterday’s Tenth Circuit order appears at this link.

Posted at 7:55 PM by Howard Bashman



“This case concerns the reasonable expectation of privacy associated with password-protected computers.” So began an opinion that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued on April 25, 2007. My earlier coverage of that ruling appears here. On Friday, the Tenth Circuit issued an order denying rehearing en banc in the case. The order notes that four judges had voted to grant rehearing en banc. Attached to the order is the divided three-judge panel’s original decision.

Posted at 12:30 AM by Howard Bashman



“Appeals court won’t review ruling on Summum faith’s display of Seven Aphorisms in park”: The Salt Lake Tribune provides a news update that begins, “The 10th U.S. Circuit Court of Appeals today declined to reconsider earlier decisions that said parks are public forums and followers of the Summum faith have a right to display their Seven Aphorisms next to the Ten Commandments. In a rare occurrence, the full court split 6-6 on whether to agree to requests by Pleasant Grove and Duchesne to rehear their appeals concerning Summum’s right to erect its own monument in public parks. The tie vote lets stand rulings by a three-judge panel in favor of the Salt Lake City-based religious organization.”

Accompanying Friday’s order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc by an equally divided vote are two dissenting opinions, one concurring opinion, and the panel’s original rulings from April 2007.

Posted at 12:24 AM by Howard Bashman