On today’s broadcast of NPR‘s “Day to Day“: The broadcast contained segments entitled “Enron Trial Update: Video Memories” and “Lured In by Enron’s Illusion of Financial Health” (RealPlayer required).

Can a person be convicted of the federal criminal offense of being a felon in possession of a firearm if the underlying state law felony offense did not itself, as a matter of state law, preclude the person from possessing a firearm? Circuit Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting opinion today.

According to the opinion, the appellant “asserts that it is illogical to treat more harshly a person whose right to bear arms was never terminated than one whose rights, including the right to bear arms, were terminated but then later restored.”

“RIM outlines contingency for US BlackBerry users”: Financial Times provides this news update.

“Money Shift Possibly Known Outside Enron, Witness Says”: This article appears today in The New York Times.

The Washington Post reports today that “Enron Insider Spells Out Company Line.”

And in The Houston Chronicle, Mary Flood reports that “Video shows Skilling and Lay painting rosy picture.”

“Top judge ‘concerned’ about state court; Justice Kennedy says Hawaii’s high court should find time to hear oral arguments”: The Honolulu Star-Bulletin today contains an article that begins, “U.S. Supreme Court Associate Justice Anthony Kennedy told more than 100 attorneys and judges yesterday that he is ‘concerned’ about Hawaii’s highest court, saying it is overburdened.”

More information about Justice Anthony M. Kennedy’s current visit to Hawaii can be accessed at this link.

“Angel Name Case Is in the Hands of the Jury; After 13 months of litigation, deliberations begin this morning with nine votes needed for a decision”: This article appears today in The Los Angeles Times.

And today in The Orange County Register, columnist Frank Mickadeit has an op-ed entitled “Deconstructing the Angels’ arguments; Why Anaheim should win, and probably will.”

“Nichols trial to proceed in Fulton County Courthouse, judge rules”: The Atlanta Journal-Constitution today contains an article that begins, “The death penalty trial of accused courthouse killer Brian Nichols will be held in the Fulton County Courthouse, a judge ruled Wednesday. Senior Judge Hilton Fuller left open the possibility that the trial could still be moved if too many potential jurors are bothered that the trial is in the same building where Nichols allegedly killed three people in March.”

In news from Kansas: The Topeka Capital-Journal today contains an article headlined “Senate seeks role in picking justices.”

And The Wichita Eagle today contains articles headlined “D.A. reads teen-sex law more broadly” and “Bill allows force to be met with force.”

“Why many disabled fight assisted suicide; Bill would let doctors prescribe lethal drugs to the terminally ill”: The Sacramento Bee contains this front page article today.

“Complaints Prompt Government Review of Immigration Courts”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

“RIM unveils plan to keep BlackBerrys alive”: Reuters provides this report.

And The Associated Press reports that “BlackBerry Maker Develops Workaround.”

Today’s press release from Research In Motion is entitled “RIM Announces Workaround Contingency for BlackBerry Customers.”

“Judge Max Rosenn will be laid to rest today”: This article appears today in The Citizens’ Voice of Wilkes-Barre, Pennsylvania.

And that newspaper today also contains an editorial entitled “Judge Max Rosenn, a giant of the law.”

“Asbestos justice”: The Los Angeles Times contains this editorial today.

“Fewer looking toward law school; Applications down 10% from last year”: This article appears today in The Boston Globe.

And The New York Times reports today that “Applications to Law Schools Are Declining.”

“O’Connor a role model for the ages”: Yesterday in The Chicago Tribune, columnist Mary Schmich had an op-ed that begins, “We need more wrinkled, jowly, white-haired women in power.”

“Specter wants special court to supervise surveillance; Currently, president reviews program every 45 days”: This article appears today in USA Today.

“Judge to Hear Challenge to Use of Lethal Injection; Foes say the practice may cause a very painful death, thus violating the U.S. Constitution”: Today in The Los Angeles Times, Henry Weinstein has an article that begins, “A federal judge in San Jose will take up an issue today that has the potential to block all executions in California: whether lethal injections used on death row inflict so much pain that they violate the Constitution.” My earlier coverage is here.

“3 convicted in deaths on 19 in sealed trailer; Prosecutors will now pursue a death sentence for truck’s driver”: Harvey Rice has this article today in The Houston Chronicle.

And The New York Times reports today that “3 More Convicted in Deaths of Immigrants in a Trailer.”

“Secret Court’s Judges Were Warned About NSA Spy Data; Program May Have Led Improperly to Warrants”: The Washington Post today contains an article that begins, “Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush’s eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.”

“Bush picks Jackson lawyer; Michael Wallace nominated for seat on Court of Appeals”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

“Angels Name Change Case Goes to Jury”: The Los Angeles Times provides a news update that begins, “The month-long trial between the city of Anaheim and the Angels over the name of the baseball team will go to the jury Thursday after attorneys for each side presented closing arguments Wednesday.”

“Legal Pad” blog reports on new Ninth Circuit nominee: You can access posts titled “State Lawyer Picked for Ninth Circuit” and “No Federal Judges Need Apply to 9th Circuit.”

Dead judges providing the dispositive vote: A reader who closely follows the work of federal appellate courts emailed to draw my attention to D.C. Circuit opinions that issued after Circuit Judge Edward A. Tamm had died in 1985.

For example, in Greenberg v. FDA, 803 F.2d 1213 (CADC 1986), the majority opinion explains:

The case was argued before a panel of this court on May 16, 1985. On October 25, 1985 the panel, in a 2-1 decision, affirmed the District Court’s decision. Shortly before the opinion issued, however, Judge Tamm, a member of the majority, died. Because he had concurred in the majority opinion before his death, the panel issued the opinion, together with a dissenting opinion. In light of the circumstances, appellant petitioned the court to rehear the case and to appoint a third judge to consider the petition. The court granted the petition, vacated the panel opinions, and appointed a third judge to reconsider the case. We now reverse the District Court’s grant of summary judgment and remand this case for further proceedings.

The same email reports that “The Supreme Court never counts the votes of deceased Justices.” My earlier post on this topic can be accessed at this link.

Further remembrance of Senior Third Circuit Judge Max Rosenn: In a post that originally appeared at “How Appealing” on July 26, 2003, I wrote, “Senior Third Circuit Judge Max Rosenn was born in 1910 and is still getting the job done (and done well), writing opinions and participating vigorously at oral argument. Indeed, Judge Rosenn was 90 years old way back in July 2000 when The Third Branch newsletter featured him in an article entitled ‘Senior Judges Give New Meaning to “Volunteer.”‘” You can access the complete post at this link.

On this date in “How Appealing” history: On February 8, 2003, I linked here to an article appearing in the next day’s edition of The New York Times Magazine under the headline “Everybody Has a Mother” (pass-through link) profiling Zacarias Moussaoui’s mother.

And on this date in 2005, I had three posts (here, here, and here) arising from the fact that the U.S. Court of Appeals for the Ninth Circuit had been sued over the image of the Ten Commandments in its official seal. Does anyone know the status of that lawsuit today?

“The growing role of bloggers”: Today in The Washington Times, Jim Geraghty has an op-ed in which he writes, “The withdrawal of the Miers nomination and the subsequent dynamics of the fight over Supreme Court Justice Samuel Alito demonstrate that the debate in Washington is now set by blogs — and that this phenomenon has dramatically different effects on each of the two parties.”

“Justice Stephen Breyer visits Lowell”: Video from Justice Stephen G. Breyer’s visit Monday to the high school from which he (was) graduated in 1955 can be accessed via this link. (Thanks to “Confirm Them” for the pointer.) Yesterday, I collected press coverage of the visit in a post that you can access here.

New nominations to the U.S. Courts of Appeals: Today the White House announced the following two nominations:

Sandra Segal Ikuta, of California, to be United States Circuit Judge for the Ninth Circuit, vice James R. Browning, retired.

Michael Brunson Wallace, of Mississippi, to be United States Circuit Judge for the Fifth Circuit, vice Charles W. Pickering, Sr., retired.

Additional information about Ms. Ikuta can be accessed here, while Mr. Wallace’s law firm bio is here.

Safe-sex can be a blast: The Associated Press reports from Boston that “Woman Accused of Mailing Condom Explosives.”

And The Boston Globe reports today that “Woman charged with mailing explosives; Anger toward men is seen as motive.”

“Jury convicts smugglers in trailer deaths of 19”: The Houston Chronicle provides a news update that begins, “A federal jury announced this morning it has convicted a ring of three people blamed in the deaths of 19 illegal immigrants who died in a failed smuggling attempt.”

The Toronto Globe and Mail is reporting: Today’s newspaper contains articles headlined “Raising the age of consent ‘a priority’ for Tories” and “Natives try ‘banishment’ to fight crime; Faced with modern ills of gangs and drugs, bands turn to the past for an antidote.”

In news from Hawaii: The Honolulu Star-Bulletin reports today that “U.S. Supreme Court Justice Kennedy visits Farrington.”

And The Honolulu Advertiser today contains an article headlined “Enlightening ‘trustees of freedom’” that begins, “Supreme Court Justice Anthony Kennedy posed a difficult question to a panel of 15 high school students at Farrington High School yesterday: As an American, do you have a moral obligation to promote freedom in the world?” A photograph of Justice Anthony M. Kennedy sporting a lei can be accessed here.

“US plans massive data sweep; Little-known data-collection system could troll news, blogs, even e-mails; Will it go too far?” This article will appear Thursday in The Christian Science Monitor.

“Judge Max Rosenn, Longtime Fixture on 3rd Circuit, Dead at 96”: Shannon P. Duffy of The Legal Intelligencer has written this obituary (free access).

“Six Same-Sex Couples Urge Florida Supreme Court to Strike Initiative Threatening Families of Same-Sex Couples”: The ACLU has issued this press release today.

And Liberty Counsel has issued a press release entitled “Arguments on Florida Marriage Protection Amendment Go Well.”

Video of today’s oral argument before the Supreme Court of Florida can be accessed via this link.