How Appealing

Friday, March 11, 2005

President Bush nominates Paul D. Clement for the post of Solicitor General of the United States: Congratulations to Acting Solicitor General Clement on this good news.

Posted at 5:02 PM by Howard Bashman

“Court Crushes Online Journalists’ Rights”: Electronic Frontier Foundation has issued this news release in reaction to today’s ruling of the Santa Clara County Superior Court in a case involving Apple Computer’s challenge to a blogger’s claim of confidentiality. (Thanks to “JurisPundit” for the pointer.)

The Associated Press reports that “Apple Wins Trade Secrets Legal Dispute.”

c|net News.Com reports that “Apple wins round in lawsuit against fan sites.”

Earlier, today’s issue of The San Jose Mercury News contains an essay by Mike Langberg entitled “Apple should think differently about blogger suits.”

Posted at 4:55 PM by Howard Bashman

“Democrats woo abortion opponents for Senate; Party denies ‘positioning’ as it selects Casey for Pennsylvania”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 4:33 PM by Howard Bashman

“Shootings Stir Fears for Judges’ Safety”: Reuters provides a report that begins, “The courtroom killing of an Atlanta judge by a rape suspect and the murder of a Chicago judge’s family by a frustrated plaintiff sent a new wave of concern for safety through the U.S. judicial system on Friday.”

And from Chicago, The Associated Press reports that “Police Search for Chicago Murder Weapon.”

Posted at 3:45 PM by Howard Bashman

“Antiabortion Activist on Trial in D.C.; Protester Displayed A Fetus, Police Say”: This article appears today in The Washington Post.

Posted at 3:32 PM by Howard Bashman

News updates available online from The Atlanta Journal-Constitution: You can now access online the following news updates:

Additional news updates will be available via that newspaper’s home page.

Posted at 2:20 PM by Howard Bashman

“Atlanta Bar Association Statement on the Tragic Death of Judge Rowland Barnes”: The Atlanta Bar Association has issued a statement that can be accessed here.

Posted at 2:05 PM by Howard Bashman

In memory of Fulton County, Georgia Superior Court Judge Rowland W. Barnes: A highly-regarded and well-known criminal defense lawyer based in Atlanta emails:

I’m sure many people are just now hearing about the killing of Judge Barnes and his court reporter in Atlanta this morning. I wanted to let you know that Judge Barnes was an absolute prince of a judge. He loved lawyers, he loved lawyering and he never wavered from accomplishing a just result. He always invited lawyers back into his chambers to have lunch with him, everybody spent the time laughing at his antics. In the cafeteria in the mornings, he never failed to pull up a chair with the lawyers congregating and join the gossip. He appeared in a bar fundraising play every year, sometimes in skits in which he was required to wear just his underwear. You couldn’t spend time in a room with him for more than fifteen minutes without laughing. I was never involved in a case with him in twenty-five years in which I didn’t walk away thinking, “That’s the best goddamn trial/resolution I ever could have hoped for.” And I can’t help but to include his entire staff. His good humor was infectious with everybody in his office. The killing of his court reporter is beyond belief.

Other readers have sent similar emails in the aftermath of this morning’s shocking news from Atlanta.

Posted at 12:30 PM by Howard Bashman

“Congress and the Courts: Judicial Independence and Congressional Checks.” The Federalist Society and The Heritage Foundation will co-host this interesting program in Washington, DC next Tuesday, March 15, 2005. The program, scheduled to run from 10 a.m. to 2 p.m., will also be streamed live online via The Heritage Foundation’s web site.

Posted at 12:21 PM by Howard Bashman

“Judge killed in courthouse shooting”: provides this report. I’m continuing to monitor live local television news coverage from Atlanta NBC affiliate WXIA-TV 11Alive.

Update: At 11:12 a.m., according to The AP, four people were shot at the courthouse, and three of those four have died. The three dead are a judge, court reporter, and courthouse deputy; another deputy was also shot and is at the hospital. The latest AP report is headlined “Three Shot to Death at Ga. Courthouse.”

Posted at 11:02 AM by Howard Bashman

BREAKING NEWS — “Judge, worker killed at Fulton courthouse”: So reports the home page of The Atlanta Journal-Constitution.

The AJC’s latest news update is headlined “Gunfire erupts at courthouse; Fulton judge Rowland Barnes, court reporter killed.” According to the update, the murder weapon was a firearm taken away from a courthouse security officer.

Atlanta’s WSB 750AM Radio is providing coverage live online. And NBC affiliate WXIA-TV 11Alive provides live video coverage.

Update: As of 10:33 a.m., police are attempting to locate the perpetrator, who has fled the scene in a series of vehicles that he has carjacked.

Posted at 10:08 AM by Howard Bashman

A busy week at the appellate boutique: In addition to the pleasant news that two favorable appellate court rulings brought this week (details here and here), on Monday of this week I filed in the Supreme Court of Pennsylvania the Reply Brief for Appellant in a challenge to the constitutionality of Pennsylvania’s grandparent visitation law, and on Wednesday I filed the Brief for Appellants in an interesting fraudulent transfer-civil contempt appeal pending in the Superior Court of Pennsylvania.

Today I have the pleasure of completing the March 2005 installment of my monthly appellate column, which will appear Monday in The Legal Intelligencer. This month’s column will examine what more can be done to secure the safety of our Nation’s judiciary and those with whom they reside.

Also today, I hope to wrap-up an essay about the recusal of appellate judges that I’ve been asked to write for the Summer 2005 issue of The Journal of Appellate Practice and Process.

Posted at 9:30 AM by Howard Bashman

“They’re Back, and Still Unworthy”: The New York Times today contains an editorial that begins, “The Senate is preparing for a major showdown over the Democrats’ use of the filibuster to block a handful of President Bush’s judicial nominees.”

Posted at 7:22 AM by Howard Bashman

“Why Prisons Can’t Integrate; Abolishing segregation will incite violence”: Joshua Englehart has this op-ed today in The Los Angeles Times.

Posted at 7:20 AM by Howard Bashman

“Profs join anti-military recruiting group; The University Law School might put up signs condemning the Solomon Amendment”: This article appeared yesterday in The Minnesota Daily. And today that newspaper contains an editorial entitled “Profs stand up to discrimination; The Law School faculty isn’t anti-military, but ‘don’t ask, don’t tell’ is still unacceptable.”

Elsewhere, today in The Macon Telegraph, Lee Ballard has an essay entitled “Conscientious stupidity?

Posted at 7:14 AM by Howard Bashman

“Gay groups join fight against Bush judicial picks; Showdown looms over far-right choices, ‘nuclear option'”: The Washington Blade contains this article today.

Posted at 7:12 AM by Howard Bashman

“Slayings in Judge’s Home May Be Solved; A man found dead in his van left a suicide note, and DNA at the Chicago crime scene was his”: This article appears today in The Los Angeles Times.

The New York Times contains an article headlined “Focus on Safety for Judges Outside the Courtroom.”

USA Today reports that “In note, man says he killed judge’s family; DNA match revealed following suicide.”

The Boston Globe reports that “Suicide linked to slaying of judge’s kin; Police investigate note left by man.”

The Chicago Tribune today contains articles headlined “Police: DNA matches; Top cop says evidence, suicide notes solve Lefkow slayings; Letters describe killings, hit list“; “6th sense prompted police officer to stop suspect’s van“; “Decade of despair boiled over to paranoia“; “Desperation feeds on anger, isolation“; “Real threats tough to spot“; “Tragedy triggers push to let judges pack guns“; and “Hale’s parents relieved; his backers seek apology.”

The Chicago Tribune also publishes related items headlined “Filings in Ross’ plight” and “Ross’ letter to NBC-Channel 5.” An editorial is entitled “Two men’s lists.” And columnist John Kass has an essay entitled “Lefkow killer doesn’t fit our need for symbols.”

The Chicago Sun-Times today contains articles headlined “Other judges may have been targets“; “String of legal defeats left Ross ‘desperate’“; “Despite series of legal setbacks, immigrant was obsessed with making doctors pay“; “‘I’ll do my own justice,’ Ross told one judge“; and “‘Something wasn’t right,’ says cop who stopped van.”

The Sun-Times today also contains an editorial entitled “Killer may be down, but too many guns on loose.” Columnist Mark Brown has an essay entitled “Ross’ obsessive pursuit of ‘justice’ highlights need for intervention.” And Columnist Carol Marin has an essay entitled “Ross makes good case to send gun bills packing.”

The Milwaukee Journal Sentinel contains articles headlined “Medical odyssey ends in death; Neighbors say Ross was odd loner obsessed with getting even for cancer treatment“; “‘Check the back for answers’; A killer admits his crimes — in a note found after he committed suicide in a minivan in West Allis“; “Judges in Milwaukee have faced death threats“; and “Ross’ cancer treatment was appropriate, doctors say.”

Posted at 6:45 AM by Howard Bashman