How Appealing



Monday, February 13, 2006

“For Russians, Car Wreck Is A Case Study In Privilege”: The Washington Post today contains a front page article that begins, “The imprisonment of a man who was involved in a traffic accident that killed one of Russia’s best-known politicians triggered protests across the country this weekend, especially among motorists who view the jailing as a chilling failure of the courts to protect average citizens from vengeful authorities.”

Posted at 10:50 AM by Howard Bashman



“Less Is More: When Courts Decide a Law Means the Opposite of What It Says.” Today’s installment of my weekly “On Appeal” column for law.com can be accessed here.

Posted at 7:15 AM by Howard Bashman



“In legal limbo: A majority of the prisoners at Guantanamo Bay have no history of aggression toward the United States, and no hope of being released any time soon.” This editorial appears today in The St. Petersburg Times.

Posted at 7:12 AM by Howard Bashman



“Patent lawsuits hit tech titans; Small companies seek settlements”: Today’s edition of USA Today contains an article that begins, “BlackBerry maker Research in Motion’s legal fight with tiny patent-holding firm NTP has BlackBerry fans worried that the dispute might cause the popular e-mail service to be temporarily shut down in the USA. But that legal fight is far from unique.”

Posted at 7:02 AM by Howard Bashman



“A Jury of Their Fears: Finding a panel in the shadow of the Pentagon won’t be easy.” This article (free access) about the Zacarias Moussaoui trial appears today in Legal Times.

Posted at 6:54 AM by Howard Bashman



Sunday, February 12, 2006

On this date in “How Appealing” history: On February 12, 2003, I linked here to an article headlined “Filibuster on Judgeship Halts Business in the Senate” published that day in The New York Times.

And one year ago today, I linked here to an article headlined “Senate’s New Math May Aid Stalled Judicial Nominees” published in the next day’s edition of The New York Times. Ironically, the article reported that William Gerry Meyers III was the judicial nominee who might “end the divisive partisan battle over judges.” Of course, his nomination to the U.S. Court of Appeals for the Ninth Circuit remains stalled while other controversial nominees to the U.S. Courts of Appeals have, in the interim, been confirmed.

Posted at 10:10 PM by Howard Bashman



One more reason why U.S. Supreme Court Justices might choose not to go hunting with Vice President Dick Cheney: The Associated Press reports that “Cheney Accidentally Shoots Fellow Hunter.” The victim is described as “a millionaire attorney from Austin.”

Update: In local coverage, The Corpus Christi Caller-Times reports that “Cheney accidentally shoots fellow hunter at nearby ranch.” And The Austin American-Statesman reports that “Austin lawyer Harry Whittington shot by Cheney on hunting trip; Vice president accidentally injured Whittington at South Texas ranch.”

Posted at 6:35 PM by Howard Bashman



“Innocent, but in limbo at Guantanamo; Five Chinese Muslims, captured in Pakistan by mistake, try to get the US Supreme Court to take their case”: Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 6:30 PM by Howard Bashman



“‘All the people in Hamilton are proud of him,’ mom says”: The February 1, 2006 issue of The Trenton Times contained an article that begins, “Like any loving mother, Rose Alito was anxious yesterday to learn if her son would get the job promotion of a lifetime. So she had her eyes on the television and an ear to the phone, waiting for the U.S. Senate’s vote to confirm her son — Hamilton native Samuel Anthony Alito Jr. — as the 110th justice of the U.S. Supreme Court.”

Posted at 2:40 PM by Howard Bashman



“Witnesses’ plea deals pose delicate challenge; Lawyers face a tough tango over credibility”: This article about the Enron trial appears today in The Houston Chronicle.

Posted at 10:22 AM by Howard Bashman



“Same-sex marriage goes to top court; A liberal-leaning New Jersey Supreme Court could swiftly legalize gay nuptials, lawyers and scholars say”: The Philadelphia Inquirer contains this article today.

Posted at 10:15 AM by Howard Bashman



“Some Immigrants Meet Harsh Face of Justice; Complaints of insensitive — even abusive — conduct by some U.S. immigration judges have prompted a broad federal review”: This article appears today in The Los Angeles Times.

Posted at 10:05 AM by Howard Bashman



Saturday, February 11, 2006

On this date in “How Appealing” history: On February 11, 2005, I had a post titled “May your federal appellate decision not be lacking in circumcision humor.” And I linked here to an article headlined “Droopy drawers law takes a hike; After global mirth, committee kills bill on breeches of etiquette” published one year ago today in The Richmond Times-Dispatch.

Meanwhile, two years ago today, this blog featured posts titled “Oh how the South is changing“; “Justice Ruth Bader Ginsburg visits Hawaii“; and “Law Professor Eugene Volokh has posted online a letter from a majority of the judges serving on the U.S. Court of Appeals for the Seventh Circuit opposing proposed Federal Rule of Appellate Procedure 32.1.” In addition, I had a post linking to a newspaper article headlined “Has murder of Luna stumped investigators?” published that day in The Lancaster New Era.

Posted at 10:22 PM by Howard Bashman



“Lawyers practice for showdown in high court”: This past Thursday’s edition of The Burlington Free Press contained an article that begins, “Attorney General William Sorrell stepped to the lectern, faced the black-robed panel and set out to argue the constitutionality of Vermont’s 1997 campaign finance law.”

Posted at 7:54 PM by Howard Bashman



“Judges complain of poisoned atmosphere; Judicial Council unseals documents revealing a feud in Brampton courthouse”: The Toronto Globe and Mail today contains an article reporting that “At the centre of the storm is Judge Marvin Morten, 61, an Ontario Court Justice who allegedly denigrated one of his fellow judges as a ‘jerk’ and a ‘wimp,” and another as ‘a pathetic piece of work.’ There’s more: He complained vociferously about their work habits, and they did the same about his. Judge Morten was accused of spying on them, and he was told he was ‘rude and hostile.’ Even the judges’ parking arrangements were a point of dispute.”

Posted at 2:35 PM by Howard Bashman



“Death Row inmate’s lawyers accused; Statements believed to be from jurors are alleged forgeries”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Prosecutors of a Stockton man scheduled to be executed this month alleged for the second time Friday that his lawyers — one of them Kenneth Starr, the independent counsel in the impeachment of President Bill Clinton — had submitted forged documents in support of their application for clemency.”

The Los Angeles Times reports today that “Forgery Is Alleged in Killer’s Clemency Bid; Prosecutors say five of six sworn statements of jurors seeking to halt execution were falsified.”

Claire Cooper, legal affairs writer for The Sacramento Bee, has an article headlined “New bid to halt Morales execution; Defense says prosecutor used false testimony to win the death sentence.”

And David Kravets of The Associated Press has an article headlined “Prosecutors: Jury’s Morales letters faked.”

A reader has forwarded to me an email that Nathan Barankin, Communications Director for California Attorney General Bill Lockyer, sent yesterday to members of the news media. Attached to the email were: (1) “DA Press Release – the press release details the discovery and substance of the false and forged declarations from the jurors and the witness”; (2) “New Declarations – this document contains each of the sworn statements from the jurors and witness confirming that the documents submitted by Morales were false and forged”; and (3) “Petition – a petition from the DA requesting leave of the Governor to consider these additional clemency materials.”

Posted at 2:15 PM by Howard Bashman



“Inquiry Into Wiretapping Article Widens”: The New York Times on Sunday will contain an article that begins, “Federal agents have interviewed officials at several of the country’s law enforcement and national security agencies in a rapidly expanding criminal investigation into the circumstances surrounding a New York Times article published in December that disclosed the existence of a highly classified domestic eavesdropping program, according to government officials.”

Posted at 1:50 PM by Howard Bashman



Friday, February 10, 2006

Available online at law.com: Justin Scheck reports that “Appeals Court Nominee Has History With 9th Circuit.”

In other news, “Texas Appeals Court Sides With Newspaper in $1 Billion Suit Over HIV Disclosure.” My earlier coverage is here.

In news from New York, “‘Art’ Photo Is Not Subject to Privacy Law, Judge Finds.”

And the brand-new installment of my weekly “On Appeal” column is headlined “Less Is More: When Courts Decide a Law Means the Opposite of What It Says.”

Posted at 10:00 PM by Howard Bashman



“Stay of execution possible; Judge considers hearing on issue of lethal injections”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 9:08 PM by Howard Bashman



“Bush nominates Calif. environmental agency official to 9th U.S. Circuit”: Howard Mintz had this article yesterday in The San Jose Mercury News.

Today in The Oakland Tribune, Josh Richman reports that “Bush makes pick for appeals court; State lawyer would fill 9th Circuit spot vacant for more than five years.”

And the Metropolitan News-Enterprise reports today that “Schwarzenegger Administration Official Sandra Ikuta Nominated to Ninth U.S. Circuit Court of Appeals.”

Posted at 9:04 PM by Howard Bashman



“Recently retired Colorado Supreme Court Justice Kourlis speaks with Ryan Warner about her new position as founding director of the Institute for the Advancement of the American Legal System based at the University of Denver.” Last week, this segment (Windows Media Player) appeared on Colorado Public Radio‘s “Colorado Matters” program. More information about the Institute for the Advancement of the American Legal System based at the University of Denver can be accessed here.

Posted at 5:34 PM by Howard Bashman