How Appealing



Wednesday, October 21, 2009

Eight active judges on the Ninth Circuit note their dissent from today’s order denying rehearing en banc of a decision reinstating a lawsuit alleging that Arizona’s private school scholarship tax credit program, as applied, violates the Establishment Clause: You can access today’s order denying rehearing en banc, the concurrences in that order, and the dissent from that order at this link. It is interesting to note that one of the judges who jointly authored the main concurrence is a senior Circuit Judge who served on the original three-judge panel but, due to her senior status, does not have the ability to vote for or against rehearing en banc.

My earlier coverage of the three-judge panel’s ruling, from April 2009, can be accessed here.

In coverage of today’s order, The East Valley Tribune has a news update headlined “Private school tax credits dealt setback.”

And The Associated Press reports that “Court challenge to state tax credit stands.”

Posted at 10:20 PM by Howard Bashman



“Navajos may try to buy popular Arizona ski resort”: The Associated Press has a report that begins, “The Navajo Nation may try to buy a popular Arizona ski resort to stop snowmaking on one of the tribe’s most sacred mountains, the San Francisco Peaks.”

Posted at 9:35 PM by Howard Bashman



“Court: Rigas case might be double jeopardy.” The Associated Press has a report that begins, “The imprisoned founder of Adelphia Communications Corp. and his son are closer to avoiding a second federal fraud trial. The 3rd U.S. Circuit Court of Appeals in Philadelphia agreed Wednesday with the Rigases that it might be double jeopardy to subject them to a trial in Pennsylvania.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 5:22 PM by Howard Bashman



“Stephen Barnett, UC law professor, dies”: Bob Egelko has this obituary today in The San Francisco Chronicle.

Earlier this week, the Metropolitan News-Enterprise published an obituary headlined “Former UC Berkeley Law Professor Stephen Barnett Dies.”

And The Associated Press has an article headlined “First Amendment prof, Stephen Barnett, dies at 73.”

Among other things, Professor Barnett was an ardent opponent of appellate court rules that prohibited parties and their lawyers from citing to so-called “unpublished” and “non-precedential” opinions.

Posted at 5:04 PM by Howard Bashman



“Justices return Corcoran death-row appeal”: Today’s edition of The Journal Gazette of Fort Wayne, Indiana contains an article that begins, “The U.S. Supreme Court weighed in Tuesday in the capital murder case against Joseph E. Corcoran, sending it back to the U.S. Court of Appeals and delaying the state’s desire to put the quadruple murderer to death.”

You can access yesterday’s per curiam ruling of the U.S. Supreme Court — the first opinion of the new Term — at this link. And the Seventh Circuit‘s earlier ruling in the case can be accessed here.

Posted at 4:05 PM by Howard Bashman



In the November 2009 issue of ABA Journal magazine: The magazine’s cover story, written by Richard B. Schmitt, is headlined “A Death in the Office: Mark Levy had talent, a top-flight resume and friends in high places; But when he lost his job, none of that was enough.” A related sidebar, by Mark Hansen, is headlined “The Less Final Option: For lawyers suffering from depression, there is help.”

David L. Hudson Jr. has an article headlined “Adult Time for Adult Crimes: Is life without parole unconstitutional for juveniles?

And John Gibeaut has an article headlined “Drawing the Line: Court looks again at how much immunity prosecutors have.”

Posted at 3:25 PM by Howard Bashman



“Poker ruled game of skill for good reason — because it is”: Apropos of my appellate oral argument this morning, I see that earlier this month in The San Antonio Express-News, columnist Chuck Blount had this essay.

Posted at 3:20 PM by Howard Bashman



Programming note: I’m in Harrisburg, Pennsylvania this morning to argue on behalf of the defendants-appellees opposing the prosecution’s appeal of a case in which the Superior Court of Pennsylvania is being asked to decide whether skill or luck predominates in determining success at the game known as Texas hold ’em poker.

You can access at this link the Brief for Appellees that I filed on my clients’ behalf, while an amicus brief in support of affirmance can be accessed here.

The student newspaper of Bloomsburg University has posted the trial court’s ruling at this link.

Additional posts will appear later today.

Update: The oral argument seemed to go very well.

Posted at 7:15 AM by Howard Bashman