How Appealing

Tuesday, December 2, 2008

"Panel Gives Paterson Seven Names for Top Judge": The New York Times today contains an article that begins, "A state panel on Monday recommended seven candidates to succeed Judith S. Kaye, the first woman to serve as New York's chief judge. The recommendations include two other judges on the Court of Appeals and the state's former chief administrative judge, but no women."
Posted at 11:02 PM by Howard Bashman


"Chambliss wins second term in U.S. Senate; Defeats Jim Martin after arduous runoff campaign": The Atlanta Journal-Constitution provides a news update that begins, "Republican U.S. Sen. Saxby Chambliss defeated Democratic challenger Jim Martin on Tuesday to win re-election to a second term. Chambliss and Martin -- University of Georgia Sigma Chi frat brothers in the 1960s -- faced off in a U.S. Senate runoff that has become the focus of U.S. politics in the wake of the Nov. 4 general election. At stake was the balance of power in the Senate. Despite the gravity of the top race, turnout was light for most of the day."

And Wednesday's edition of The New York Times will contain an article headlined "Republican Wins Runoff for Senator in Georgia" that begins, "Saxby Chambliss, a first-term Republican senator, was re-elected by Georgia voters on Tuesday in a substantial victory, ending Democratic hopes for a 60-vote majority in the Senate that would make it difficult for Republicans to filibuster the Obama administration's legislative agenda."
Posted at 10:55 PM by Howard Bashman



"High Court Hears Argument On Power Plants": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:00 PM by Howard Bashman


"Parents' Suit Offers Test of Title IX for Justices": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 08:55 PM by Howard Bashman


"In Guantanamo case, a judge tightens the screws on the US; He is insisting that the government disclose any evidence that points to a detainee's innocence in a 'dirty bomb' plot": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 08:45 PM by Howard Bashman


"U.S. Supreme Court sides with prosecutors in Redwood City murder case": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The U.S. Supreme Court ordered a lower court Tuesday to reconsider its ruling granting a new trial to a San Mateo man convicted of murdering a gas station attendant during a 1992 robbery that netted $150."
Posted at 08:40 PM by Howard Bashman


"Florida Supreme Court hears unique complaint against appeals judge": The Associated Press provides a report that begins, "The Florida Supreme Court has heard a first-of-its-kind ethics complaint against an appellate judge for criticizing a colleague in a written opinion."

Once the video of today's oral argument before the Supreme Court of Florida becomes available online, I will link to it. You can access the documents filed in this proceeding via this link.
Posted at 08:35 PM by Howard Bashman



"Appeal by parents of Trolley Square victim rejected; They sought to extend sentence of man who illegally sold gun to killer": Pamela Manson of The Salt Lake Tribune has a news update that begins, "Even after Mackenzie Glade Hunter completed his 15-month prison term this fall for illegally selling a gun to the Trolley Square shooter, the parents of a woman who died in the rampage hoped to make him serve more time. On Tuesday, though, the 10th U.S. Circuit Court of Appeals threw out a request that would have reopened the case and forced a resentencing. The Denver-based court dismissed an appeal by Sue and Ken Antrobus asking that they be declared victims of the unlawful gun sale under the federal Crime Victims' Rights Act."

And The Deseret News provides an update that begins, "Court says Trolley Square shooting victim not a victim in gun case."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Today's Tenth Circuit ruling holds that the only method for someone seeking an appellate court's review of a federal district court's decision refusing to designate the person as a victim under the Crime Victims' Rights Act of 2004 is by means of a petition for writ of mandamus.
Posted at 08:12 PM by Howard Bashman



"The Wheels on the Bus: The Supreme Court tries to imagine its way out of a sex discrimination case." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:52 PM by Howard Bashman


"Little girl's claims at issue in high court case": The Associated Press provides a report that begins, "A Massachusetts girl's awful experience on a school bus is at the heart of a case argued in the Supreme Court Tuesday over limits on lawsuits about sex discrimination in education."

And at "SCOTUSblog," Lyle Denniston has a post titled "The problem of claiming too little."

You can access the transcript of today's U.S. Supreme Court oral argument in Fitzgerald v. Barnstable School Comm., No. 07-1125, at this link.
Posted at 06:13 PM by Howard Bashman



"Don't Delay Over Judges": In this week's issue of Legal Times, Doug Kendall, president of the Constitutional Accountability Center, has an op-ed that begins, "No presidential administration in history has been better positioned to get top-flight judges onto the federal bench. With a president and vice president who are both experts in constitutional law, an already distinguished team of legal advisers, and a highly favorable environment on Capitol Hill, this should be, in the immortal words of George Tenet, a 'slam dunk' for the Obama administration. But potential pitfalls still abound on an issue as highly charged as the future of the Supreme Court and the federal judiciary, suggesting this list of do's and don'ts."

This past Sunday in The Baltimore Sun, Law Professor Carl Tobias had an op-ed entitled "A judicial priority: Obama should act in an expeditious and bipartisan way to fill the long-vacant appellate seat of Md.'s Francis Murnaghan."

And yesterday's issue of Roll Call contained an article headlined "Jury Is Still Out on Obama Judges" (subscription required for full access).
Posted at 04:15 PM by Howard Bashman



"High Court Case Tests Power Plants' Water Rules": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this preview (RealPlayer required) of today's U.S. Supreme Court oral argument in Entergy Corp. v. Riverkeeper, Inc., No. 07-588.

The Court has now posted the transcript of today's oral argument at this link.
Posted at 04:00 PM by Howard Bashman



"NY court orders resentencing of bin Laden aide": The Associated Press provides a report that begins, "A federal appeals court ordered a new sentencing Tuesday for a former top aide to Osama bin Laden, who was convicted of stabbing a guard in the face with a sharpened comb."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 03:54 PM by Howard Bashman



"Court urged to side with power plants against fish": The Associated Press provides a report that begins, "The Bush administration asked the Supreme Court on Tuesday to let the nation's older power plants draw in billions of gallons of water for cooling without installing technology that would best protect fish and aquatic organisms."
Posted at 02:34 PM by Howard Bashman


"Justices chide California-based appeals court": The Associated Press provides a report that begins, "The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant."

The decision of the Ninth Circuit that the U.S. Supreme Court reversed today can be accessed here.
Posted at 11:24 AM by Howard Bashman



"[T]he district court fell into legal error by holding that a Federal crime of terrorism must involve conduct transcending national boundaries": So holds the U.S. Court of Appeals for the Second Circuit in an opinion issued today.
Posted at 11:00 AM by Howard Bashman


"I am not sure whether hard cases really do make bad law. I am certain that bad law comes from easy cases made hard. The majority's opinion has turned this into such a case." So begins a dissenting opinion that senior D.C. Circuit Judge A. Raymond Randolph issued today.
Posted at 10:34 AM by Howard Bashman


Access online today's U.S. Supreme Court decision in an argued case: You can access today's per curiam ruling in Hedgpeth v. Pulido, No. 07-544, at this link.

The case was argued on October 15, 2008, and you can access the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court rules on jury instructions."

On a related note, the U.S. Supreme Court deserves recognition and praise for having significantly decreased the delay between when the Court announces opinions and orders and when the Court makes those opinions and orders available for public access at the Court's own web site. In other words, this Term, orders and opinions are appearing at the Court's own web site just a few minutes after those orders and opinions are announced. Before this term, it would often take 30 to 45 minutes, and sometimes even longer, before opinions became available at the Court's web site after they had been announced.
Posted at 10:11 AM by Howard Bashman



"Atheists sue to take God out of state's terrorism law": Today's edition of The Lexington (Ky.) Herald-Leader contains an article that begins, "An atheists-rights group is suing the Kentucky Office of Homeland Security because state law requires the agency to stress 'dependence on Almighty God as being vital to the security of the Commonwealth.'" Last Friday, the newspaper reported that "Anti-terror law requires God be acknowledged."

And The Courier-Journal of Louisville, Kentucky reports today that "Law's use of God challenged; Security bill subject of suit."
Posted at 08:44 AM by Howard Bashman



"High court denies appeal, won't halt retrial of Wecht": This article appears today in The Pittsburgh Post-Gazette.

And today in The Pittsburgh Tribune-Review, Jason Cato reports that "High court declines to halt retrial of Wecht."
Posted at 08:35 AM by Howard Bashman



"Court weighs power plant costs vs. protecting fish": The Associated Press provides a report that begins, "Environmentalists and electricity producers square off Tuesday at the Supreme Court over the use of billions of gallons of water to cool power plants and whether enough is being done to protect fish and aquatic organisms."
Posted at 08:29 AM by Howard Bashman


"Criminal libel case centers on Web post; DA charges man in alleged insults of ex-girlfriend": Sunday's edition of The Loveland (Colo.) Connection contained an article that begins, "Web chatters firing off insults about people on community Web sites might think twice next time they press the post button. Larimer County District Attorney Larry Abrahamson charged a 40-year-old Loveland man last month with two counts of criminal libel for posts he allegedly made about his former girlfriend and her attorney on Craigslist.com's 'Rants and Rave' section."
Posted at 08:27 AM by Howard Bashman


"Two worlds collide as lawyer fights for inmate husband; Pamela Griffin battles to get her husband out of the isolation cell that grinds him down; He claims his gang days are over; The government says he's still calling the shots": This lengthy article -- the second in a three-part series -- appears on the front page of today's edition of The Los Angeles Times.

Part one, from Sunday's newspaper, can be accessed here.
Posted at 08:24 AM by Howard Bashman



"Broader medical refusal rule may go far beyond abortion; The Bush administration plans a new 'right of conscience' rule that would allow more workers to refuse more procedures; Critics say it could apply to artificial insemination and birth control": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman


"Most jurors favored felony conviction for Lori Drew in cyber-bullying": This article appears today in The St. Louis Post-Dispatch.
Posted at 08:17 AM by Howard Bashman


"After Guilty Verdict, Defense Lawyers in HLF Case Focus on Appeal": law.com provides this report.
Posted at 08:07 AM by Howard Bashman


"Qualcomm wins back a portion of rights; Revoking of patents reversed by court": This article appears today in The San Diego Union-Tribune.

The Recorder reports today that "Patent Ambush Costs Qualcomm; Underlying case produced one of the largest discovery fiascoes in recent history."

And The Associated Press reports that "Appeals wants narrowed ruling against Qualcomm."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:04 AM by Howard Bashman







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