How Appealing

Monday, October 31, 2011

"Supreme Court to hear Rehberg case": Sunday's edition of The Albany (Ga.) Herald contained an article that begins, "A fight that began in 2003 between a local surgeon, a medical practice administrator and Dougherty County's not-for-profit hospital will begin anew Tuesday in the chambers of the U.S. Supreme Court in what could set a precedent about how far a court official's immunity really goes."
Posted at 10:54 PM by Howard Bashman


"Lifelong Death Sentences": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman


"Ohio Judicial Center to be named for late chief justice": The Columbus Dispatch has a news update that begins, "The state Supreme Court is naming the Ohio Judicial Center in honor of the late Chief Justice Thomas Moyer, who was the second-longest chief justice in state history at the time of his death in April 2010."
Posted at 10:45 PM by Howard Bashman


"US court trims conviction in Cuba player smuggling": The Associated Press has a report that begins, "A federal appeals court on Monday handed a partial victory to a professional sports agent who was sentenced to prison for smuggling five Cuban baseball players into Florida."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:15 PM by Howard Bashman



"In this appeal, we are called upon to decide what test to apply in order to determine whether land is 'wetlands' subject to the CWA after the Supreme Court's ruling in Rapanos v. United States, 547 U.S. 715 (2006)." So states an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

The opinion, written by Circuit Judge Marjorie O. Rendell, proceeds to explain that "We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is 'wetlands' subject to the CWA if it meets either of the tests laid out in Rapanos."
Posted at 09:04 PM by Howard Bashman



"Court reluctant on plea bargains after sentencing": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lafler v. Cooper, No. 10-209. And you can access at this link the transcript of today's oral argument in Missouri v. Frye, No. 10-444.
Posted at 08:44 PM by Howard Bashman



"Tiny fish keeps protection as Supreme Court declines to review case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:37 PM by Howard Bashman


"U.S. Supreme Court declines to hear Utah highway crosses case": The Deseret News has this update.

The Salt Lake Tribune has a news update headlined "Crosses for fallen UHP officers must be removed."

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "Justices Decline Case on Highway Crosses."

Joan Biskupic of USA Today has a news update headlined "Supreme Court won't hear Utah highway crosses dispute."

Warren Richey of The Christian Science Monitor has an article headlined "Crosses on public land: Did Supreme Court leave legal issue in 'shambles'? The Supreme Court agrees not to take a case on whether memorial crosses on public land in Utah violate the First Amendment; But one justice says the court has left the topic in legal limbo."

Bill Mears of CNN.com reports that "Justices turn aside appeal over highway crosses."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Thomas: Establishment Clause Jurisprudence 'In Shambles.'"
Posted at 08:30 PM by Howard Bashman



"Senate confirms Higginson for 5th Circuit appeals seat": The Shreveport Times has this news update.
Posted at 08:17 PM by Howard Bashman


"Justices decline to take delta smelt case": Lawrence Hurley of Greenwire has this report.
Posted at 05:04 PM by Howard Bashman


Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "No clarity on religious displays" and "Ninth Circuit faulted -- again."
Posted at 05:02 PM by Howard Bashman


"Creditor Moves to Dismantle Copyright Troll Righthaven": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 04:48 PM by Howard Bashman


"Judge remains close to home; Smith now serves on Court of Appeals": This profile of Third Circuit Judge D. Brooks Smith appears today in The Altoona (Pa.) Mirror.
Posted at 12:47 PM by Howard Bashman


"CAFC: Patent Opinions Down, Rule 36 Affirmances Up." Jason Rantanen has this post at "Patently-O."
Posted at 12:42 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Endangered Species Act Survives Challenge at U.S. High Court"; "Stryker Rejected in Bid for High Court Limits on Patient Suits"; and "Merck Can Block Teva on Generic Temodar as Court Rejects Appeal."
Posted at 11:23 AM by Howard Bashman


"Supreme Court won't hear Utah memorial cross dispute": James Vicini of Reuters has this report.
Posted at 11:22 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today summarily affirmed in one case but did not grant review in any new cases.

In Cavazos v. Smith, No. 10-1115, the Court issued a per curiam decision reversing the judgment of the U.S. Court of Appeals for the Ninth Circuit. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined.

And Justice Clarence Thomas issued an opinion dissenting from the denial of certiorari in Utah Highway Patrol v. American Atheists, Inc., No. 10-1276.

In early news coverage, The Associated Press reports that "High court avoids dispute over highway crosses"; "High court reinstates 'shaken baby' conviction"; and "Court sidesteps Connecticut student speech case."
Posted at 10:03 AM by Howard Bashman



"Judges Are for Sale -- and Special Interests Are Buying": Adam Cohen of Time magazine has this essay.
Posted at 07:50 AM by Howard Bashman


"High Court Considers When Bad Lawyers Taint A Case": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this audio segment.
Posted at 07:48 AM by Howard Bashman






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