How Appealing


Friday, July 27, 2007

"Dismissed charges upheld in grave case; Appeals court agrees with Iowa County judge that state statute does not criminalize sex with a corpse": The Telegraph Herald of Dubuque, Iowa today contains an article that begins, "Three Iowa County men can't be prosecuted for attempted sexual assault of a deceased woman they tried to dig up in a Cassville cemetery in September, a state appeals court ruled Thursday. In upholding Grant County Circuit Judge George Curry's decision, the District 4 Court of Appeals concluded that the state's statute on third-degree sexual assault doesn't criminalize necrophilia."

You can access yesterday's ruling of the Wisconsin Court of Appeals, District IV, at this link.
Posted at 02:57 PM by Howard Bashman




Friday, July 27, 2007

"This Judge Needs a Jury: Sen. Patrick Leahy has asked the attorney general to investigate whether a judge on the D.C. Circuit told a falsehood during his confirmation hearing; There's a better way to proceed." Dirk Olin has this essay online at Newsweek.
Posted at 12:47 PM by Howard Bashman




Friday, July 27, 2007

"Former Qwest Boss Ordered to Pay $52M": The Associated Press provides a report that begins, "A federal judge ordered former Qwest Communications chief executive Joe Nacchio, convicted of insider trading, to forfeit $52 million in assets he gained in illegal stock sales. The order on Friday came at the start of a sentencing hearing for Nacchio, convicted in April of making $52 million in stock sales at a time when he knew Qwest faced financial risk but didn't tell investors."

On Monday, The Denver Post contained an article headlined "New Nacchio lawyer a master of the appeal; Maureen Mahoney has argued 18 cases before the Supreme Court - and has lost only two of them."

And on Tuesday, The Rocky Mountain News contained an article headlined "No jail during ex-CEO's appeal, motion asks."
Posted at 11:50 AM by Howard Bashman




Friday, July 27, 2007

"Panel suspends Halverson; Judge will continue to draw pay": This article appeared Thursday in The Las Vegas Review-Journal.

And today's newspaper contains an article headlined "Judge's prospects evaluated; Conversation at courthouse focuses on Halverson's future" and an editorial entitled "Judge Halverson suspended with pay: Commission on Judicial Discipline reacts with relative urgency."

The Final Order of Interim Suspension can be accessed here, while the order of the Supreme Court of Nevada unsealing the interim suspension decision can be viewed at this link.
Posted at 11:44 AM by Howard Bashman




Friday, July 27, 2007

"The fight's not over: Appeals expected in Hazleton case after judge strikes down law regulating illegal immigrants." The Allentown Morning Call contains this article today, along with an article headlined "'Gracias a Dios! We won!'"

The Citizens Voice of Wilkes-Barre, Pennsylvania today contains articles headlined "Polarizing law tossed"; "Barletta pledges to continue fight"; "Hazleton residents remain divided"; and "Judge's ruling means hectic times for Barletta."

The Philadelphia Inquirer contains articles headlined "Court voids Hazleton law" and "Chatter but no sense of closure."

The Pittsburgh Post-Gazette reports that "Hazleton loses bid to evict illegal workers."

The Harrisburg Patriot-News reports that "Immigrant law ruling splits Hazleton."

The New York Times reports that "Judge Voids Ordinance on Illegal Immigrants."

In The Los Angeles Times, David G. Savage and Nicole Gaouette report that "Hazleton immigration law is rejected; A city cannot take such a national issue into its own hands, a judge rules in Pennsylvania."

And in The New York Sun, Josh Gerstein reports that "Judge Rules Against Pa. City on Immigrants."

You can access my earlier coverage of yesterday's lengthy ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.
Posted at 09:10 AM by Howard Bashman




Friday, July 27, 2007

"State high court limits seizure of cars of prostitution and drug suspects; Justices toss out a Stockton ordinance that allowed confiscation upon arrest in such cases; L.A.'s city attorney was among the parties supporting such police powers": This article appears today in The Los Angeles Times.

In The Oakland Tribune, Josh Richman reports that "High court nixes car-seizure laws; Cities can't be tougher than state on crimes committed with vehicles, justices say."

And The Stockton Record reports that "Cities can't seize cars; State's high court says Stockton can't sell vehicles taken during drug, prostitution busts."

You can access yesterday's 4-3 ruling of the Supreme Court of California at this link.
Posted at 08:47 AM by Howard Bashman




Friday, July 27, 2007

"Beneath Contempt: The U.S. attorneys controversy is about politics, not the law." Kimberley A. Strassel has this op-ed today in The Wall Street Journal.
Posted at 08:42 AM by Howard Bashman




Friday, July 27, 2007

"Critic and Ex-Boss Testify on Guantanamo Hearings": The New York Times contains this article today.
Posted at 08:25 AM by Howard Bashman




Friday, July 27, 2007

"FBI Chief Disputes Gonzales On Spying; Mueller Describes Internal Debate": This front page article appears today in The Washington Post. In addition, columnist Eugene Robinson has an op-ed entitled "Bedtime for Gonzo."

The New York Times reports today that "F.B.I. Chief Gives Account at Odds With Gonzales's." A related article is headlined "Chatty Senator on Air Force One Pushes the Rules, and Buttons."

The Los Angeles Times reports that "FBI chief seems to contradict Gonzales; Robert Mueller tells a House panel that he had had reservations about a wiretapping program, undercutting the attorney general's testimony."

And USA Today contains a front page article headlined "Conflict builds as Gonzales targeted; Senate Dems subpoena Rove."
Posted at 08:10 AM by Howard Bashman




Friday, July 27, 2007

Available online from law.com: Pamela MacLean reports that "9th Circuit Judges Still Wary of Splitting Court; Judges remain concerned over Supreme Court's position and persistent claims about 'extreme' rulings."

In other news, "Former Judge Wins Partial First Amendment Victory at 5th Circuit." My earlier coverage of last Friday's Fifth Circuit ruling appears at this link.

Marcia Coyle reports that "'Hamdan' Lawyer to Head International Humanitarian Law Clinic."

In news from Pennsylvania, "Retrial Ordered in Nine-Figure Fraud Case." You can access the July 18, 2007 ruling of the Superior Court of Pennsylvania at this link.

And an article reports that "Upset of Few Attorney Advertising Rules Could Signal Return of 'Heavy Hitters.'"
Posted at 07:44 AM by Howard Bashman




Friday, July 27, 2007

"Modest Improvements Cannot Save an Inherently Flawed Process at Guantanamo": Jonathan Hafetz has this essay online today at FindLaw.
Posted at 07:35 AM by Howard Bashman




Thursday, July 26, 2007

"Court Upholds Curbs on Signs in New Jersey": The New York Times on Friday will contain an article that begins, "In a ruling that could have implications far beyond New Jersey, the State Supreme Court on Thursday upheld the right of homeowners' associations to restrict the posting of political signs and other forms of constitutionally protected speech, as long as the restrictions are not 'unreasonable or oppressive.'"

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 11:10 PM by Howard Bashman




Thursday, July 26, 2007

"Justices rule in favor of jokester dentist": The Seattle Post-Intelligencer provides a news update that begins, "There was a time when a good practical joke involved fake barf, and the state Supreme Court took on legal issues that could lull even the most eager of law students to sleep. So wait 'til you hear this one. An Auburn dentist waited until his assistant was sedated for oral surgery and then put fake boar tusks in her mouth. Her eyes were pried open. Pictures were taken. And oh, was it funny -- until the woman found out what happened. The legal question was almost as odd as the joke: Should the dentist's insurance company have defended him when his assistant sued?"

And The Seattle Times provides a news update headlined "Court awards oral surgeon $750,000 in boar-tusk case."

Today's 5-4 ruling of the Supreme Court of Washington State consists of a majority opinion and two dissenting opinions (here and here).
Posted at 10:50 PM by Howard Bashman




Thursday, July 26, 2007

"Jury convicts Broward inmate of indecent exposure in his cell": This article appears today in The South Florida Sun-Sentinel.

And The Miami Herald reports today that "Sex act costs inmate 60 more days; An armed robber got a 60-day jail sentence for doing something people do in private."
Posted at 10:40 PM by Howard Bashman




Thursday, July 26, 2007

"Noriega loses round in extradition fight": Jay Weaver of The Miami Herald provides this news update.

And The Associated Press reports that "Noriega Appears in Court on Extradition."
Posted at 10:38 PM by Howard Bashman




Thursday, July 26, 2007

"Closing the Doors The Family Opened; A.V.'s Regulars Return to Wait For a Last Meal": The Washington Post today contains an article that begins, "Waiters were rolling out of the kitchen with steaming platters of rigatoni and mushroom-topped pizzas, the phone was jangling with more and more orders, and who was that coming through the timeworn front door? Supreme Court Justice Antonin Scalia, leading an entourage for a last gastronomic adventure. For more than a half-century, the justice has been a regular patron at A.V. Ristorante Italiano, Washington's one-stop answer to Little Italy since the days when Harry S. Truman occupied the White House. Now, he'll have to find another joint."
Posted at 10:15 PM by Howard Bashman




Thursday, July 26, 2007

"Thomas Charts a Jurisprudence All His Own": Brent Kendall has this article today in The Daily Journal of California.
Posted at 10:14 PM by Howard Bashman




Thursday, July 26, 2007

"Throw Restraint to the Wind: And other ways for the legal left to rein in the Roberts Court." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:07 PM by Howard Bashman




Thursday, July 26, 2007

"Lawyer seeks contempt order against JCPS for race policy": The Louisville Courier-Journal provides a news update that begins, "Jefferson County Public Schools officials should allow students assigned to schools this year because of their race to choose another school -- or be held in contempt and incarcerated, says the Louisville lawyer who successfully sued to end the district’s school-integration plan."

And The Associated Press reports that "Lawyer Asks for Changes in Schools Case."
Posted at 06:58 PM by Howard Bashman




Thursday, July 26, 2007

"Judge rules Hazleton's ordinance on illegal immigrants is unconstitutional": The Philadelphia Inquirer provides a news update that begins, "In a ruling with national implications, a federal judge this afternoon struck down a controversial year-old ordinance in Hazleton designed to crack down on illegal immigrants in the Northeastern Pennsylvania city. In a 206-page ruling, U.S. District Judge James Munley found that Hazleton's ordinance that would have penalized city businesses that hire illegal immigrants and landlords who rent to them was unconstitutional because the federal government alone crafts and enforces immigration policies."

The Allentown Morning Call provides news updates headlined "Appeals next in Hazleton case; Judge strikes ordinance regulating illegal aliens" and "Hazleton's Latinos pleased with judge's decision."

The Pittsburgh Post-Gazette provides a news update headlined "Judge strikes down Hazleton laws on illegal immigrants."

The Associated Press reports that "Pa. Immigrant Law Voided."

And The Legal Intelligencer provides a news update headlined "Hazleton Immigration Ordinances Fail Constitutional Test" (free access).

You can access today's lengthy ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.
Posted at 06:50 PM by Howard Bashman




Thursday, July 26, 2007

Washington Nationals 7, Philadelphia Phillies 6: My son and I were back at Citizens Bank Park for this afternoon's game, but the Phillies were unable to deliver a bottom of the 9th comeback for the second day in a row, falling a run short today. You can view the box score at this link, while wraps from MLB.com are available here and here. Even worse news was awaiting us on our return home, as MLB.com is now reporting that "Utley breaks hand, lands on DL; Injury a result of being plunked with a pitch."
Posted at 06:27 PM by Howard Bashman




Thursday, July 26, 2007

"Congress has not stated its intent to reach discussions held in the United States in furtherance of a conspiracy to possess controlled substances outside the territorial jurisdiction of the United States, with intent to distribute those controlled substances outside of the territorial jurisdiction of the United States." Federal criminal statutes that make it a crime to conspire to possess with intent to distribute cocaine do not apply extraterritorially, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled today in a decision that you can access here.

David Oscar Markus has this post about the decision at the "Southern District of Florida Blog."
Posted at 11:11 AM by Howard Bashman




Thursday, July 26, 2007

"[B]ecause Appellants were members of a class asserted in a class action complaint, their limitations period was tolled under the doctrine of American Pipe until such time as they ceased to be members of the asserted class, notwithstanding that they also filed individual actions prior to the class certification decision." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today in In re: WorldCom Securities Litigation.

The plaintiffs-appellants that prevailed in today's ruling are are public and private pension funds that purchased bonds of WorldCom and then sued the underwriters of the bonds under Section 11 of the Securities Act of 1933, alleging that the registration statements covering the bonds they purchased contained false and misleading information.
Posted at 10:50 AM by Howard Bashman




Thursday, July 26, 2007

"Sixth Circuit reverses extreme upward variance in sex offender case": The "Sentencing Law and Policy" blog has this post about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:42 AM by Howard Bashman




Thursday, July 26, 2007

"'Gang' Courted for Southwick": Roll Call today contains an article (subscription required) that begins, "GOP Senate leaders are looking to re-enlist members of the bipartisan 'Gang of 14' to help break the impasse over the stalled appellate court nomination of Leslie Southwick, a move that has temporarily delayed Republican plans to make the appointee ground zero for a major Senate rematch over the federal bench."
Posted at 09:05 AM by Howard Bashman




Thursday, July 26, 2007

"Stacking the Court": Jean Edward Smith has this op-ed today in The New York Times.
Posted at 09:03 AM by Howard Bashman




Thursday, July 26, 2007

"Senator May Seek Gonzales Perjury Probe; Leahy Sets Deadline For Revised Testimony": This article appears today in The Washington Post.
Posted at 08:57 AM by Howard Bashman




Thursday, July 26, 2007

"Court tosses out challenge to board prayers": The Advocate of Baton Rouge, Louisiana today contains an article that begins, "A sharply divided 5th U.S. Circuit Court of Appeals in New Orleans threw out on Wednesday a 2-year-old lower court decision that had blocked prayers from being said at Tangipahoa Parish School Board meetings, court records show. The parties that brought the lawsuit against the board did not show they had standing to file suit against the School Board three and a half years ago, the appeals court majority said. The en banc court vacated the District Court ruling that held sectarian invocations delivered at the start of board meetings were unconstitutional. The 5th Circuit remanded the case to U.S. District Court at New Orleans with instructions to dismiss the suit, court records show."

And The Associated Press reports that "Appeals court vacates Tangipahoa prayer ruling."

You can access yesterday's 8-7 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. And my coverage of the original splintered three-judge panel ruling in the case can be accessed here.
Posted at 08:25 AM by Howard Bashman




Thursday, July 26, 2007

Philadelphia Phillies 7, Washington Nationals 5 (14 innings): My son and I had the pleasure of watching the first twelve innings of Wednesday night's baseball game at Citizens Bank Park in Philadelphia. We would have gladly stayed for the entire game, but having taken public transportation to the game, it made more sense to leave before Philadelphia's subway system shut down for the night.

On the night of the Cole Hamels Bobble Figurine give-away, starting pitcher Cole Hamels pitched seven strong innings, giving up only two runs and recording six strikeouts. When he left the game the Phillies were leading 4-2. Phillies closer for-the-moment Antonio Alfonseca had a rough outing in the ninth inning, charged with giving up three runs in just one-third of an inning. That meant, heading into the bottom of the ninth inning, that the Philies were trailing 5-4. With two outs in the bottom of the ninth, Phillies shortstop Jimmy Rollins hit a triple to the gap in left center and then came around to score the tying run on the play when the throw from the outfield to the Nationals shortstop trickled away and then the throw home could not be handled by the Nationals catcher.

Some five innings later, in the bottom of the fourteenth inning, Phillies first baseman Ryan Howard hit a tremendous home run to the second deck in right field, with a runner on base, to end the game. You can access the box score at this link. Wraps from MLB.com are here and here. Thursday's edition of The Philadelphia Inquirer reports that "Phillies win in 14th on Howard's homer." And Thursday's edition of The Washington Post contains an article headlined "Nats Let One Slip Away; Howard's Homer in 14th Sinks Washington: Phillies 7, Nationals 5."
Posted at 01:02 AM by Howard Bashman




Wednesday, July 25, 2007

"You're NOT the Boss of Me: It's hard to shock them in Las Vegas, but a former law clerk is managing to do just that." The August 2007 issue of ABA Journal magazine contains an article that begins, "At first glance, the quo warranto matter of Halverson v. Hardcastle before the Nevada Supreme Court looks like a civics lesson on how much authority a state court's chief judge has over colleagues. But just a few flips into the hundreds of pages of pleadings, exhibits and affidavits--including formerly confidential documents circulated among judges, ad­ministrators and staff--there is a nasty battle involving a newly elected judge who figuratively turned the courthouse upside down, then literally got banned from it and locked out."
Posted at 02:42 PM by Howard Bashman




Wednesday, July 25, 2007

"Jury panel queried in masturbation trial": The Miami Herald provides a news update that begins, "A Broward prisoner on trial on charges that he masturbated in his jail cell will face a jury of his peers. During jury selection Wednesday in the case of inmate Terry Lee Alexander, all seven jurors admitted to attorneys that they have masturbated. The awkward questioning was posed by defense attorney Kathleen McHugh, who faced 17 prospective jurors and asked point-blank who among them had never masturbated. No hands went up. Then, she went one-by-one, asking each prospective juror if he or she had ever masturbated. All nine men said yes, two of the 10 women said no."

And The South Florida Sun-Sentinel reports today that "Prisoner accused of indecent act alone in Broward jail cell."
Posted at 02:30 PM by Howard Bashman




Wednesday, July 25, 2007

"Profits vs. Partners": David Lat has this article in the July 29, 2007 issue of The New York Observer.
Posted at 02:20 PM by Howard Bashman




Wednesday, July 25, 2007

"Composite images can be child pornography, court rules": The Akron Beacon Journal provides a news update that begins, "Composite images of child pornography are still pornography, the Ohio Supreme Court ruled today in a case stemming from the arrest of Portage County man."

You can access today's ruling of the Supreme Court of Ohio at this link. And the court's summary of its decision is headlined "Court Rules Child Pornography Laws Constitutional, Clarifies Burden of Proof that Real Child Is Depicted."
Posted at 02:15 PM by Howard Bashman




Wednesday, July 25, 2007

"Domestic violence prosecution not in conflict with state's 'gay marriage' amendment, state court rules": The Toledo Blade provides this news update.

The Cincinnati Enquirer provides a news update headlined "Court rejects challenge."

And The Associated Press reports that "Domestic Violence Law Upheld Under Ban."

My earlier coverage of today's Supreme Court of Ohio ruling appears in the post immediately below.
Posted at 02:11 PM by Howard Bashman




Wednesday, July 25, 2007

"High court upholds Ohio's domestic-violence law; Gay-marriage ban doesn't affect it, 6 justices say": The Columbus Dispatch provides a news update that begins, "Ohio's domestic-violence law applies to unmarried couples despite the state's 2004 constitutional ban of gay marriages, the Ohio Supreme Court ruled today. Lower courts across Ohio had issued contradictory rulings on whether the 3-year-old amendment overturned domestic-violence statutes. By a large majority voters had agreed not only to define marriage as only between a man and woman, but also to mandate that the state and its political subdivisions could not 'create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.' In a 6-1 ruling, the court said the domestic-violence law is not trying to define a legal relationship, but merely identifies one class of people who are protected from violence."

You can access today's ruling of the Supreme Court of Ohio at this link. And the court's summary of its decision is headlined "Law Barring Domestic Violence Against Unmarried Person 'Living As a Spouse' Held Constitutional."
Posted at 11:45 AM by Howard Bashman



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