How Appealing



Friday, April 7, 2006

“This case divided the three-judge panel that heard it, and not surprisingly — the issue of juror reliance upon the Bible during capital sentencing deliberations is not a simple matter.” Over the dissent of four judges, the U.S. Court of Appeals for the Fourth Circuit today denied rehearing en banc in a case that a divided three-judge panel decided in February. My coverage of the panel’s ruling is here. The quote featured in the title of this post comes from the opinion of Circuit Judge J. Harvie Wilkinson III concurring in the denial of rehearing en banc.

Posted at 4:55 PM by Howard Bashman



“Baseball player cannot sue over beanball pitch; Majors or college, it’s part of the game, state high court rules”: Bob Egelko has this article today in The San Francisco Chronicle.

David Kravets of The Associated Press reports that “Beanball lawsuit sent to showers; Former community college player hit in head in 2001.”

And the Metropolitan News-Enterprise reports that “State Supreme Court Rules Risk of Intentional Beanball ‘Inherent’ in College Baseball Game.”

My earlier coverage is here.

Posted at 3:50 PM by Howard Bashman



“O’Connor Gets Honorary College Post”: The Associated Press provides this report.

And The College of William and Mary provides a news release that begins, “April 7 promises to be a day of high pomp and circumstance leavened with a generous dose of Southwestern humility and humor. On that day, Supreme Court Justice Sandra Day O’Connor, a self-styled ‘ranch girl’ from rural Arizona, will be invested as the College of William and Mary’s 23rd chancellor.” You can view video of today’s investiture ceremony via this link (QuickTime Player required).

Posted at 3:20 PM by Howard Bashman



“[C]ountless failures to produce documents occur in the federal courts every year. That is not a good thing. But we are not at a point at which it is foreseeable that such a failure will spawn a million-dollar bill for attorney fees.” Seventh Circuit Judge Terence T. Evans issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.

Posted at 2:58 PM by Howard Bashman



“Ex-Counsel at Enron, Not Skilling, Takes Stand”: This article appears today in The New York Times.

The Washington Post reports today that “Skilling’s State of Mind Recalled; Witness Weeps, Sees Family Behind Enron CEO’s Exit.”

The Houston Chronicle reports that “For Skilling, a weekend to wait, then the hot seat; He says he has ‘nothing to hide’ as ex-counsel is quizzed on who approved what.”

And USA Today reports that “Skilling testimony put off to Monday.”

Posted at 7:25 AM by Howard Bashman



“Politics a means to end on court; Justices say party ties that helped them get on bench don’t lead to biased rulings”: The Chicago Tribune today contains an article that begins, “Nearly 16 years ago, two men with deep ties to Cook County politics used support from the county’s powerful Democratic Party organization to ascend to the highest court in the state.”

And the newspaper also contains an editorial entitled “The Springfield Supremes.”

Posted at 7:18 AM by Howard Bashman



“Moussaoui Jury Hears of Impact and Grief”: Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that “Horror Takes the Stand At the Moussaoui Trial.”

The Los Angeles Times reports that “Giuliani Recalls Sept. 11 in Moussaoui Trial; In seeking the death penalty for the admitted terrorist, prosecutors bring in the former New York mayor to convey the attacks’ horrors.”

USA Today reports that “Horrors, sorrow of 9/11 fill hearing; Giuliani among witnesses at Moussaoui sentencing.”

The Richmond Times-Dispatch reports that “Giuliani testifies at Moussaoui trial; Ex-mayor describes horror.”

And The Washington Times reports that “Giuliani testifies to Moussaoui jurors.”

Posted at 7:10 AM by Howard Bashman



“Jailed 4 1/2 Years in Land of the Free; In 2001, a Sri Lankan was arrested at the U.S. border and labeled a security threat; A court found the case absurd”: This article appears today in The Los Angeles Times.

Posted at 7:05 AM by Howard Bashman



“The Justices Miss the Point; Faced with a Virginia prisoner who may be innocent, the Supreme Court talks about treaties”: This editorial appears today in The Washington Post.

Posted at 6:55 AM by Howard Bashman



“Don’t Tamper With the Courts”: The New York Times today contains an editorial that begins, “The debate over immigration in Congress has surfaced quite a few bad ideas. One of them is a proposal that the Senate is considering to restrict all appeals on immigration cases to a single federal court.”

Posted at 6:48 AM by Howard Bashman