How Appealing

Thursday, October 25, 2007

"Sullivan Settles With Former Associate Who Sued Firm for Discrimination": law.com provides a report that begins, "Sullivan & Cromwell said Thursday it had reached a settlement with former associate Aaron Charney, who sued the New York law firm earlier this year for sexual orientation discrimination."
Posted at 10:58 PM by Howard Bashman


"Embattled judge moved to Houston": The Galveston County Daily News provides an update that begins, "U.S. District Judge Samuel B. Kent, reprimanded last month by a judicial panel after a court employee accused him of sexual harassment, has been transferred from Galveston to Houston."

And Harvey Rice of The Houston Chronicle has a news update headlined "Order leaves Galveston without federal judge."
Posted at 10:47 PM by Howard Bashman



"Insanity defense begins; Mack attorney says divorce, stress, drug abuse sparked slaying": The Las Vegas Review-Journal today contains an article that begins, "Wealthy Reno pawnshop owner Darren Mack abused illegal drugs to intensify his sexual encounters, but the drugs eventually made Mack so delusional that he shot the judge presiding over his divorce -- after first killing his estranged wife in self-defense, defense attorneys said Wednesday."

And The Reno Gazette-Journal today contains articles headlined "Opening words paint contrasting motives" and "The Jury: Who made the cut?" The newspaper also provides an update headlined "Mack trial testimony focuses on judge."
Posted at 09:25 PM by Howard Bashman



"Judges impose secrecy on remake of ethics rules": Marisa Taylor of McClatchy Newspapers has an article that begins, "As the federal judiciary embarks on a historic revision of its rules against judicial misconduct, the panel of judges that's overseeing the drafting of new regulations refuses to disclose the public comments that could help shape the overhaul. After requesting public comments about the proposed rules, the Committee on Judicial Conduct and Disability refuses to say how many responses it received, who commented or what was said."
Posted at 06:14 PM by Howard Bashman


"We decide principally whether a 19th-Century shotgun hanging on a defendant's living room wall qualifies as an 'antique firearm' not subject to the general registration requirement of the National Firearms Act": So begins the opinion that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

Based on the rule of lenity, the majority's decision in favor of the defendant-appellant on that issue in this federal criminal case saves him a whopping $100 but leaves his criminal sentence otherwise unchanged.
Posted at 05:24 PM by Howard Bashman



Eleventh Circuit grants rehearing en banc in Alabama death row inmate's lethal injection challenge: Today's order granting rehearing en banc vacates the three-judge panel's stay of execution entered yesterday but then in the very next sentence grants a new stay of execution on behalf of the en banc court. (Take that, three-judge panel!) Fortunately for the inmate, the State of Alabama did not execute the inmate after reading that the three-judge panel's stay had been vacated but before reading that the stay had been reimposed by the en banc court.

Earlier today, I collected at this link news coverage of yesterday's three-judge panel ruling.
Posted at 05:10 PM by Howard Bashman



"Ryan loses appeal": The Chicago Tribune provides a news update that begins, "Former Gov. George Ryan may soon be reporting to federal prison after an appellate court refused today to reconsider an August ruling that affirmed his sweeping convictions for public corruption and fraud."

And The Chicago Sun-Times provides a news update headlined "Ex-Gov. Ryan loses appeal."
Posted at 02:20 PM by Howard Bashman



"Court Denies Ex-Gov. Ryan a New Hearing": The Associated Press provides a report that begins, "A federal appeals court refused Thursday to grant former Gov. George Ryan a fresh hearing on his racketeering and fraud conviction." You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc at this link.

The joint opinion dissenting from the denial of rehearing en banc, in which three judges joined, concludes: "The role of the courts of appeals in protecting jurors and litigants from excessively protracted criminal trials that strain the capacities of jurors, and by doing so undermine procedural justice, merits plenary consideration by this court."
Posted at 12:20 PM by Howard Bashman



"Judges hear arguments in DPS security tape case; DPS lawyer says release of tapes would set bad precedent, compromise security": The Austin American-Statesman today contains an article that begins, "An attorney for the Department of Public Safety told a Court of Appeals panel Wednesday that publicly releasing security camera tapes from public buildings was little different from giving someone the access codes to a building's security center. DPS has for more than two years been arguing to keep certain security tapes secret, after a public information request by the Texas Observer, a small nonprofit investigative newspaper. The case made its way to the 3rd Court of Appeals after the Texas attorney general's office and a state district judge ruled that the public's right to the tapes in this case outweighed security concerns."

And The Houston Chronicle reports today that "Court hears appeal on Capitol surveillance video."
Posted at 10:55 AM by Howard Bashman



"300 lawyers seek change in court policy on death row appeals; Petition asks appeals judges to avoid another 'unnecessary execution'": Chuck Lindell has this article today in The Austin American-Statesman.

And The Houston Chronicle reports today that "Texas lawyers call for e-filed execution appeals."

You can view the petition at this link.
Posted at 10:50 AM by Howard Bashman



"Following Moratorium Trend, Court Halts Alabama Execution": This article appears today in The New York Times.

And The Birmingham News reports today that "Dying killer gets stay of execution."

You can access at this link yesterday's decision of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 08:47 AM by Howard Bashman



"Justice Ginsburg and Legislative Independence": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:44 AM by Howard Bashman


"Southwick approved for 5th Circuit seat; Democrat Feinstein saluted for breaking partisan deadlock": The Sun Herald of Biloxi, Mississippi contains this article today.

The New York Times reports today that "Senate Backs Disputed Judicial Nomination."

The Wall Street Journal contains an editorial entitled "One Judge Makes It."

And The Clarion Ledger contains an editorial entitled "Southwick: Judge judged by region's history."
Posted at 08:40 AM by Howard Bashman



"Mukasey's take on torture: His evasive testimony hinders what was supposed to be a breezy confirmation process." This editorial appears today in The Los Angeles Times.
Posted at 08:34 AM by Howard Bashman


"The $114.69 Speech Police": Today in The Washington Post, columnist George F. Will has an op-ed that begins, "The speech policeman's lot is not a happy one, as the University of Montana at Missoula is learning. Herewith a tale about the mess that institution has made by regulating political speech."

My earlier coverage of the Ninth Circuit ruling that is the subject of Will's op-ed can be accessed here.
Posted at 08:30 AM by Howard Bashman



"Second Court Ruling Redacts Information About Interrogation": This article appears today in The Washington Post.

And ABA Journal has a post titled "Appeals Clerk Explains Why Details of Alleged FBI Coercion Withdrawn from Opinion."
Posted at 08:17 AM by Howard Bashman



"Texas Judge Draws Outcry for Allowing an Execution": The New York Times today contains an article that begins, "The presiding judge of the Texas Court of Criminal Appeals is the target of a rising national outcry a month after turning away the last appeal of a death row inmate because the rushed filing was delayed past the court's 5 p.m. closing time."
Posted at 08:08 AM by Howard Bashman


"Laurence Fishburne as Thurgood Marshall": The New York Times today contains a newsbrief that begins, "Laurence Fishburne is going to Broadway next spring in a production of 'Thurgood,' the one-man play by George Stevens Jr. about the former Supreme Court Justice Thurgood Marshall."
Posted at 08:07 AM by Howard Bashman


"Fight over TV indecency is on high court's doorstep; Case tests FCC's attempt to limit expletives": Joan Biskupic has this front page article today in USA Today.
Posted at 07:45 AM by Howard Bashman






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