How Appealing

Tuesday, February 14, 2006

On this date in “How Appealing” history: On February 14, 2003, I linked here to an article headlined “Filibuster on Judgeship Stalls Senate Before Recess” published that day in The New York Times.

Two years ago today, I had a post titled “What’s your favorite Judge Selya vocabulary word?” I also had a post featuring photos of Justice Ruth Bader Ginsburg on the beach in Hawaii.

And one year ago today, I linked here to newspaper articles headlined “Bush Tries Luck Again With Judicial Nominees; 12 Candidates For Federal Courts Blocked in 1st Term” and “Bush Renominates as Judges 7 Whom Democrats Blocked.”

Posted at 11:35 PM by Howard Bashman

“Government sees new need for abortion ruling”: At “SCOTUSblog” this evening, Lyle Denniston has a post that begins, “The Bush Administration urged the Supreme Court on Tuesday to move ahead with a final ruling on the constitutionality of the controversial federal ban on ‘partial-birth abortions,’ arguing that there would be no value in sending a pending case back to a lower court for another look.” The federal government’s supplemental brief can be accessed here.

Posted at 10:15 PM by Howard Bashman

“Judge refuses to block execution”: Howard Mintz of The San Jose Mercury News provides an update that begins, “A federal judge in San Jose today refused to block next week’s scheduled execution of condemned killer Michael Morales, placing restrictions on how the state proceeds with its lethal injection procedure but rejecting a broad challenge to the method used to put inmates to death.”

Bob Egelko of The San Francisco Chronicle has a news update headlined “State ordered to ensure Morales is unconscious before lethal injection.”

And David Kravets of The Associated Press reports that “Judge rules California must alter protocol for executions.”

You can access the opinion at this link.

Posted at 8:40 PM by Howard Bashman

“The court bailiff provided a Bible to a deliberating juror, who then read aloud to his fellow deliberating jurors a passage concerning the Biblical mandate of ‘an eye for an eye'”: That fact, in a case where the jury returned a death sentence in a North Carolina state court, has today resulted in a divided ruling from the U.S. Court of Appeals for the Fourth Circuit in the criminal defendant’s habeas appeal.

Posted at 5:14 PM by Howard Bashman

“Truth takes a holiday”: Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, “It now appears that defense attorneys for Michael Morales, who is scheduled to be executed Feb. 21 for the 1981 rape and murder of 17-year-old Terri Winchell, submitted phony affidavits in their attempt to win clemency or otherwise prevent the execution.”

Posted at 4:40 PM by Howard Bashman

“Top N.Y. Court Axes Domestic Partner Law”: The Associated Press provides this report on a 4-3 ruling that the Court of Appeals of New York issued today.

In a passage that calls to mind another dispute currently in the news, the dissenting opinion argues, “Under a separation of powers system it is the job of the legislative branch to enact laws and the executive to carry them out. An executive who believes that a law is unconstitutional is not powerless but must follow a process by which the judiciary — and not the executive — determines the issue in the first instance.”

Posted at 3:40 PM by Howard Bashman

“So I’m a Supreme Court Justice – What Do I Do All Day?” “The Faculty Blog” of the University of Chicago Law School notes, in a post titled “Justice Breyer Part 2: A Day in the Life,” that you can now access online an additional audio file (mp3 format) from Justice Stephen G. Breyer’s recent visit to that law school.

Another recent post at that blog — titled “A Law Barring Junior from Holding His Breath Until He Turns Blue in the Face?” — is also worth a look. The post mentions the web site.

Posted at 3:02 PM by Howard Bashman

Lottery winners but income tax losers: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued an opinion that begins, “Lottery winners, after receiving several annual installments of their lottery prize, sold for a lump sum the right to their remaining payments. They reported their sale proceeds as capital gains on their tax return, but the Internal Revenue Service (IRS) classified those proceeds as ordinary income.” The Third Circuit’s ruling today rejects the lottery winners’ appeal from the IRS’s decision, which resulted in some $660,000 in additional tax due.

Posted at 2:55 PM by Howard Bashman

“Right’s push on judges is resumed”: The Hill today contains an article that begins, “Conservatives on and off Capitol Hill are urging Senate Republican leaders to renew the push to nominate and confirm right-wing jurists to the federal bench just two weeks after Samuel Alito’s confirmation to the Supreme Court.”

Posted at 2:35 PM by Howard Bashman

“Blood trial on verge of collapse; Expert suggests evidence insufficient for convictions, defence lawyers say”: The Toronto Globe and Mail today contains a front page article that begins, “The criminal case against three defendants in the tainted-blood scandal teetered on the brink of failure yesterday after the prosecution made a surprise request for delay on the day the trial was set to begin.”

And The Toronto Star reports today that “Tainted blood trial in doubt; Crown has week to decide on charges after expert witness changes opinion.”

Posted at 2:24 PM by Howard Bashman

“Murder for love? A jury will decide; A trial that starts on Valentine’s Day already is drawing national attention; A wife’s words could send her husband to death row for an ex-lover’s slaying.” The St. Petersburg Times contains this article today.

Posted at 1:04 PM by Howard Bashman

“House takes stand for unrestricted prayer, 83-0; Resolution, which lacks force of law, sends a message to judge who banned invoking of ‘Jesus'”: This article appears today in The Indianapolis Star. The text of the resolution can be accessed here.

Posted at 1:00 PM by Howard Bashman

Any questions? I have agreed to participate in a written interview about “How Appealing” that the founder of another law-related web log that I greatly admire intends to publish. I suggested that it might be worthwhile to solicit some questions from the readers of “How Appealing,” and the interviewer has agreed. If you’d like to propose a question or two, please send me an email, and I’ll forward along the most interesting questions to the interviewer. Once the interview is published, I’ll be sure to provide a link.

Posted at 12:48 PM by Howard Bashman

“Don’t Copy This Headline!” Last Friday, BNA published an article by attorneys Martin J. Bishop and Thomas K. Anderson discussing “the potential impact of a pending copyright infringement case that challenges Google’s use of newspaper headlines to link to news stories.” I was interviewed for the article and am quoted in it. The blog “Old Fox’s KM blotter,” where the article’s text appears, takes the matter one step further by not only copying the article’s headline but also its entire copyrighted text.

Posted at 12:33 PM by Howard Bashman

“Judge Bars Moussaoui From Courtroom”: The Associated Press provides a report that begins, “A federal judge rule Tuesday that confessed al-Qaida conspirator Zacarias Moussaoui will not be in the courtroom for jury selection at his upcoming death-penalty trial, after Moussaoui again defied the judge at a pre-trial hearing.”

Posted at 11:00 AM by Howard Bashman

“In Pa., Heimlich Maneuver Might Not Be on the Menu”: Today in The Legal Intelligencer, Asher Hawkins has an article (subscription required) that begins, “Pennsylvania’s restaurants do not owe patrons a duty to perform the Heimlich maneuver on them if they begin to choke, a Superior Court panel has ruled in a case of first impression.” You can access last Friday’s ruling of the Superior Court of Pennsylvania at this link.

Posted at 10:28 AM by Howard Bashman

“Immigration judges told: Be respectful; AG orders a Justice Dept. probe on reports of abuse from bench.” The Newark (N.J.) Star-Ledger contains this article today.

Posted at 10:08 AM by Howard Bashman

“Cappy’s pay raise lobbying ruled OK; Conduct board drops ethics complaint filed against chief justice”: This article appears today in The Pittsburgh Post-Gazette.

Posted at 10:05 AM by Howard Bashman