How Appealing



Thursday, February 16, 2006

“Sheriff’s department: It was an accident.” The Corpus Christi Caller-Times provides a news update that begins, “The Kenedy County Sheriff’s Department released an incident report Thursday confirming Vice President Dick Cheney’s shooting of a fellow hunter as accidental.” The incident report can be accessed here.

Posted at 6:04 PM by Howard Bashman



“3rd Circuit Deeply Split Over Post-Booker Sentencing Issues”: Shannon P. Duffy has this update (free access) online at The Legal Intelligencer.

Posted at 5:42 PM by Howard Bashman



“Trustee to take high court seat”: The Penn State Collegian today contains an article that begins, “The state Senate voted 46-1 yesterday to confirm Penn State Board of Trustees Chairwoman Cynthia Baldwin to a two-year term as a justice on the state Supreme Court.” Baldwin replaces former Justice Russell M. Nigro, who (as noted in this earlier post) lost a retention election due to voter backlash over a pay raise received by Pennsylvania state legislators and judges and therefore had to depart from the Supreme Court of Pennsylvania at the end of 2005.

Posted at 4:00 PM by Howard Bashman



“Justice Scalia Pulls Out the Old ‘I’m With Stupid’ T-Shirt”: Nan Aron has this item today at “The Huffington Post.”

Posted at 3:10 PM by Howard Bashman



“Transactions Specialist Tapped For 9th Circuit”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “Torrance-based transactions attorney Milan D. Smith Jr. is the second moderate Republican President George W. Bush has nominated to the 9th U.S. Circuit Court of Appeals in as many weeks.”

Today in The Oakland Tribune, Josh Richman reports that “Bush fills vacant judge position; President nominates Oregon senator’s brother to 9th U.S. Circuit Court.” Indeed, Ninth Circuit nominee Milan D. Smith, Jr. is the brother of U.S. Senator Gordon Smith (R-OR).

And the Ninth Circuit’s Public Information Office has issued a news release entitled “Attorney Milan D. Smith Nominated to Ninth Circuit Court of Appeals.”

Posted at 2:45 PM by Howard Bashman



“Can flag-burner sue? Judge says intent key.” The Deseret Morning News today contains an article that begins, “Was it boredom or a political statement that motivated a Salt Lake County man to burn a ‘smiley face’ into a U.S. flag? On Wednesday a federal judge said the answer to that question could be key in determining if Kris Winsness can seek damages against the Salt Lake County sheriff’s deputy who issued him a citation.”

Posted at 2:35 PM by Howard Bashman



“Homeland security chief in dark about Hawai’i”: The Honolulu Advertiser today contains an article that begins, “Embattled Homeland Security Secretary Michael Chertoff said yesterday that he didn’t know Hawai’i was the only state not protected by U.S. Northern Command, which is responsible for homeland defense. Sen. Daniel K. Akaka, D-Hawai’i, who was questioning Chertoff on the issue, said he was ‘stunned’ at his admission.”

Posted at 2:33 PM by Howard Bashman



“2 e-mailers get testy, and hundreds read every word”: The Boston Globe today contains an article that begins, “Once again, a friendly reminder: The next time you’re tempted to send a nasty, exasperated, or snippy e-mail, pause, take a deep breath, and think again. Then consider the tale of local lawyers William A. Korman and Dianna L. Abdala.”

And The Boston Herald today contains an article headlined “Law 101: Put it in writing? E-mail war heats up Internet.”

My earlier coverage is here.

Posted at 2:20 PM by Howard Bashman



“Eid appointed to Supreme Court; Gov. Owens calls her conservative and a ‘strict constructionist'”: This article appears today in The Rocky Mountain News.

And The Denver Post reports today that “Governor names Eid to high court; The 41-year-old, now serving as Colorado’s solicitor general, was a clerk for Clarence Thomas and worked for William Bennett.”

My earlier coverage is here, while “PrawfsBlawg” offers a post by Paul Horwitz titled “A Federalist on the (State) Supreme Court.”

Posted at 2:15 PM by Howard Bashman



“Court Veteran Remembers a Scary Start”: Today in The New York Times, Linda Greenhouse has an article that begins, “No one will blame Justice Stephen G. Breyer if he flashes back more than 11 years to his own challenging start on the Supreme Court when Justice Samuel A. Alito Jr. is ceremonially sworn in there on Thursday.”

Presumably either tomorrow or next Tuesday, the U.S. Supreme Court will announce whether any of the cases already argued this Term, before Justice Sandra Day O’Connor retired from service, will be reargued or affirmed by an equally divided Court.

Posted at 10:25 AM by Howard Bashman



“Clemency flap puts Starr in spotlight again; Apparently bogus documents mar his bid to halt execution”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 10:18 AM by Howard Bashman



“Court favors Ehrlich on ban; Rejection of Sun’s challenge upheld”: The Baltimore Sun today contains an article that begins, “A three-judge panel of the 4th U.S. Circuit Court of Appeals handed The Sun a defeat yesterday in its lawsuit against Maryland Gov. Robert L. Ehrlich Jr. that challenged his ban on talking with two Sun reporters.” My earlier coverage can be accessed here.

Posted at 10:02 AM by Howard Bashman



“Dead Judges’ Voting: When Does Life Tenure End?” That’s the provisional title of the next installment of my weekly “On Appeal” column for law.com, which will appear online tomorrow night. The column addresses in greater detail what I originally blogged about here. Thanks to all the readers who emailed to me useful tidbits of information in response to that post.

Posted at 9:58 AM by Howard Bashman



“Questioning of Jurors Begins in Moussaoui Penalty Trial”: This article appears today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that “Defendant in 9/11 Case Heeds Judge.”

The Los Angeles Times contains an article headlined “Jury Selection for 9/11 Plotter; Judge seeks panelists who can set aside anger over the terrorist attacks and fairly decide whether Moussaoui should be put to death.”

The Sacramento Bee reports that “Moussaoui silent for juror hunt; After Tuesday’s outbursts, the admitted al-Qaida member is allowed to be present for the questioning of prospective jurors in the death-penalty phase of his trial.”

The Richmond Times-Dispatch reports that “Terrorism defendant returns to court; Moussaoui remains quiet as potential jurors are questioned.”

The Washington Times reports that “Moussaoui makes surprise return.”

And FindLaw commentator Elaine Cassel today has an essay entitled “The Sentencing of Zacarias Moussaoui: Questions of Fact and Issues as to Defendant’s Competency Cloud Proceedings.”

Posted at 7:05 AM by Howard Bashman



Wednesday, February 15, 2006

On this date in “How Appealing” history: Two years ago today, on February 15, 2004, I had a post titled “‘How Appealing’ readers offer their favorite vocabulary words found in opinions by First Circuit Judge Bruce M. Selya.”

And today is the one-year anniversary of my post titled “U.S. Court of Appeals for the D.C. Circuit allows enforcement of subpoenas ordering grand jury testimony from New York Times and Time magazine reporters in the Valerie Plame CIA leak investigation.” The ruling, which originally issued on February 15, 2005, can be accessed here.

Posted at 11:28 PM by Howard Bashman