How Appealing

Wednesday, December 28, 2005

“Supreme Court Is Asked to Rule on Terror Trial”: The New York Times on Thursday will contain an article that begins, “The Bush administration asked the Supreme Court on Wednesday to allow for the immediate transfer of Jose Padilla from a military brig to civilian custody to stand trial on terrorism charges, a move that came in response to an appellate court ruling last week that blocked the transfer.”

And The Washington Post on Thursday will report that “U.S. Defends Conduct in Padilla Case; Supreme Court Asked To Overrule 4th Circuit.”

Posted at 10:14 PM by Howard Bashman

“Top court’s Judge Smith works outside the box”: The Rochester Democrat and Chronicle yesterday contained an article that begins, “On more than one occasion when the partners of the hotshot Paul, Weiss Manhattan law firm sat down to vote, Robert S. Smith found himself on the wrong end of a 99-to-1 tally. That pattern hasn’t changed much since Smith became a judge on New York’s top court.”

Posted at 8:20 PM by Howard Bashman

“Group defies artifacts order”: The Honolulu Advertiser today contains an article that begins, “The leader of a Native Hawaiian organization yesterday was ordered jailed by U.S. District Judge David Ezra until the precise whereabouts of 83 priceless cultural artifacts are disclosed or the items are recovered.”

And The Honolulu Star-Bulletin today reports that “Hui Malama leader in jail for ‘indeterminate amount of time’; The group refuses to reveal the location of artifacts during an emotional hearing.”

Posted at 5:30 PM by Howard Bashman

So you’re traveling to New Orleans for a Fifth Circuit oral argument? The web site of the U.S. Court of Appeals for the Fifth Circuit provides these travel tips. And yesterday’s official New Orleans situation report is available here.

Posted at 4:55 PM by Howard Bashman

“Book violated McKennitt’s privacy, judge rules; Decision in the case of the singer’s former friend may give celebs more protection of their private — and public — lives”: The Toronto Globe and Mail today contains an article that begins, “Virtually unseen, a British court has issued a judgment in a case involving Canadian folk icon Loreena McKennitt that may have far-reaching implications for biographers, photographers and journalists.”

In other coverage, The Hampstead and Highgate Express (UK) on Saturday contained an article headlined “Landmark ruling in writer’s battle with music icon” that begins, “A judge has made a landmark ruling on a privacy case which is likely to have major repercussions for authors and journalists everywhere.”

Canadian Press reports that “Loreena McKennitt wins London privacy case against former friend.”

And CBC News reports that “Publicity-shy singer wins privacy claim.”

Posted at 4:25 PM by Howard Bashman

“A constitutional duty to recuse?” At “SCOTUSblog,” Lyle Denniston has a post that begins, “Should an elected judge, who accepts large campaign donations, sit on a case that directly affects the financial or business interests of the donors and their associates?”

My earlier coverage of this matter can be accessed here and here, and I discussed the question in my article published in the Spring 2005 issue of The Journal of Appellate Practice and Process.

Earlier this month, The Chicago Tribune published an article headlined “Philip Morris law firms, supporters backed judge” that begins, “Lawyers for Philip Morris USA contributed $16,800 to help elect a judge who cast a deciding vote in Thursday’s Illinois Supreme Court decision favoring the tobacco giant. The judge also received $1.2 million in campaign money from a group that filed an amicus brief supporting the cigarette-maker. Yet no one suggested that Judge Lloyd Karmeier recuse himself from a closely watched case in which he voted with three others to strike down a $10.1 billion judgment, handing a huge victory to Philip Morris.”

Posted at 11:15 AM by Howard Bashman

“Ohio Judge Reprimanded for Drunk Driving”: The AP provides a report that begins, “A panel of state appellate judges publicly reprimanded Ohio Supreme Court Justice Alice Robie Resnick on Wednesday, saying her drunken driving conviction violated the state’s judicial code of conduct.”

Posted at 10:54 AM by Howard Bashman

“Next in line on Death Row seeks stay of execution; 76-year-old Allen is blind and crippled, his lawyers say”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 10:40 AM by Howard Bashman

“Luttig Blocks Bush’s Detainee Dodge: A federal appeals court rebukes the president for evading Supreme Court review.” Jacob Sullum has this essay online today at Reason.

Posted at 10:35 AM by Howard Bashman

“Court to rule on raises’ legality; Top justices also take case of judge who wants state hikes reinstated”: This article appears today in The Harrisburg Patriot-News.

The Philadelphia Inquirer reports today that “Top court will hear pay-raise lawsuits; It will judge both the act increasing salaries, and the one repealing the raises; The issue is mired in politics.”

The Pittsburgh Post-Gazette reports that “Pa. Supreme Court to rule on legality of pay raise.”

And The Pittsburgh Tribune-Review reports that “Pay-raise suit on to high court.”

Posted at 10:33 AM by Howard Bashman

U.S. District Court enters order in state prisoner’s habeas corpus case reopening time to appeal until February 27, 2004, prisoner files notice of appeal on February 26, 2004, and yet today the U.S. Court of Appeals for the Sixth Circuit holds that the appeal came two days too late: You can access today’s Sixth Circuit ruling dismissing the appeal for lack of appellate jurisdiction at this link.

Posted at 10:25 AM by Howard Bashman

“Jersey appeals panel cites employer in child-porn lawsuit”: The Newark Star-Ledger today contains an article reporting on a decision that the New Jersey Superior Court, Appellate Division, issued yesterday. According to the article, “The 31-page decision could potentially be a landmark ruling for corporations about how to handle Internet privacy issues in the workplace. The wide-ranging opinion clearly puts the burden on employers to investigate reports of Internet abuse by workers.”

Posted at 7:14 AM by Howard Bashman

“Alito sought consensus as chairman of federal rules committee”: Robert Schwaneberg has this article today in The Newark Star-Ledger.

The Trenton Times reports today that “Old-times pal will stump for Alito.”

The Argus Leader reports that “State senator proposes resolution backing Alito; S.D. vote would do nothing, Democrat says.”

In The Los Angeles Times, Dahlia Lithwick has an op-ed entitled “Justice vs. politics.”

And in The Rochester Democrat and Chronicle, Bernie Todd Smith and Virginia Hoveman have an op-ed entitled “Alito’s Supreme Court nomination endangers reproductive rights.”

Posted at 7:10 AM by Howard Bashman

“Jailed for their words: A law passed during World War I pitched Montanans into prison for critical remarks; law students are seeking clemency for them.” This article appears today in The Chicago Tribune.

Posted at 7:00 AM by Howard Bashman

“Britain Appeals Terror Suspect Citizenship”: The Associated Press provides a report that begins, “Britain has appealed a court decision that would confer citizenship on an Australian terror suspect seeking to change his nationality in hopes of securing his freedom from the U.S. prison camp at Guantanamo Bay, a Home Office official said Tuesday.”

Posted at 6:54 AM by Howard Bashman

“High Court Urged to Hear Padilla Case; U.S. Citizen Has Been Held Since 2002, Indicted Last Month on Terrorism Charges”: The Washington Post contains this article today.

Posted at 6:44 AM by Howard Bashman