How Appealing



Tuesday, April 18, 2006

“Former Illinois Governor Is Convicted in Graft Case”: This article appears today in The New York Times.

The Washington Post reports today that “Ryan Guilty of Corruption; Ex-Governor of Illinois Convicted of Racketeering, Fraud.”

The Los Angeles Times reports that “Former Illinois Governor Convicted of Corruption; After a lengthy trial, George H. Ryan is found guilty on all counts and faces 95 years in prison; It’s another triumph for U.S. Atty. Fitzgerald.”

The Chicago Tribune contains articles headlined “Ryan guilty“; “Small details painted picture of corruption“; “History will offer final verdict; Death Row stand, conviction keys in complicated career“; “Corruption case bloomed from seeds of Safe Road probe“; “A long wait, but a swift outcome; After 7-month trial, fate read in minutes“; “‘We’ll keep chasing them’; U.S. wins round against graft, but fight isn’t over“; “Juror replacement is key to challenge“; “Panel could end $200,000-a-year pension for Ryan“; “Verdict is talk of the town where Ryan makes home“; and “Different view, different result? Disappointment and frustration.”

The Chicago Tribune also contains an editorial entitled “George Ryan, convicted felon.” Columnist Eric Zorn has an op-ed entitled “Verdict also in for Ryan trial cynics: You lose.” And John Kass has an essay entitled “This verdict no ordinary act of justice.”

The Chicago Sun-Times contains articles headlined “Guilty on all charges“; “Ryan guilty“; “Will other politicians feel ‘shivers’ from verdict?“; “Panel finally found common ground“; “Warner: I needed a separate trial“; “Dismissed juror: Some on panel weren’t ‘fair’“; “Kankakee transfixed, passionately split on verdict“; and “Parents who lost 6 kids in crash surprised by verdict.”

And in commentary, The Chicago Sun-Times contains an editorial entitled “Resounding verdict shows scope of Ryan’s misdeeds.” Columnist Michael Sneed’s has an essay reporting on his “lunch with George Ryan.” Columnist Carol Marin has an essay entitled “Ryan is the latest, but likely not the last.” Columnist Mark Brown has an essay entitled “Willis lawyer: ‘It was always about the children.’” And columnist Mary Mitchell has an essay entitled “Six children paid ultimate price for culture of corruption.”

Posted at 2:20 PM by Howard Bashman



The Miami Herald is reporting: Today’s newspaper contains articles headlined “High court won’t hear detained Muslims’ case; The U.S. Supreme Court sidestepped the case of Guantanamo’s Chinese Muslim captives, letting a lower court decide what to do about their unlawful indefinite detention” and “Broward judge orders unsealing of hidden case; A judge opened up one of the 107 Broward circuit cases mysteriously hidden since 2001, ruling the case file contained no reason for such secrecy.”

Posted at 2:14 PM by Howard Bashman



“Al-Arian’s plea ends an ordeal; He agreed to a single count of conspiracy to end his family’s turmoil, his attorney says”: This article appears today in The St. Petersburg Times.

The Tampa Tribune reports today that “Al-Arian Admits His Role In Jihad.”

The Orlando Sentinel contains an article headlined “Al-Arian deal: He admits ties to terror group; The federal plea agreement links him to the Palestinian Islamic Jihad.”

And The Washington Post reports that “Former Fla. Professor to Be Deported.”

Posted at 2:10 PM by Howard Bashman



“The Constitutional Right to Be a Bum; More nonsense from the Ninth Circuit Court of Appeals”: “Jack Dunphy” has this essay today at National Review Online.

Posted at 1:12 PM by Howard Bashman



“Rosenstein linked to vacancy on 4th Circuit; Sarbanes, Mikulski prefer he remain as U.S. attorney for Md.”: This article appeared yesterday in The Baltimore Sun.

Posted at 1:10 PM by Howard Bashman



Double jeopardy does not prohibit retrial after a federal district court granted a mistrial because the criminal defendant refused to waive his right to conflict-free defense counsel but demanded that an apparently conflict-laden attorney remain as counsel: Today’s ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link.

Posted at 1:00 PM by Howard Bashman



Another benefit of marriage — Kentucky state prisoner serving life sentence for murder has his conviction vacated on habeas appeal to U.S. Court of Appeals for the Sixth Circuit: Today’s opinion begins:

Elem Ray Fulcher, currently serving a life sentence for murder, burglary, and robbery, appeals the denial of his petition for a writ of habeas corpus. The evidence against Fulcher included statements from a police station interview with his then girlfriend, Patricia Sue Ash, taped soon after the crime. The couple later married; Ash invoked marital privilege under Kentucky law and was thus unavailable for cross-examination at Fulcher’s trial. Fulcher contends that the admission of Ash’s statements violated his rights under the Sixth Amendment’s Confrontation Clause, according to both the clearly established law at the time and the later case of Crawford v. Washington, 541 U.S. 36 (2004), which he argues should apply retroactively. We find that the admission of Ash’s statements did violate Fulcher’s clearly established rights and that the error was not harmless.

In addition, Circuit Judge Eric L. Clay has filed a concurring opinion in which he argues that the Crawford ruling should be applied retroactively on habeas and that an earlier Sixth Circuit ruling apparently rejecting that result without extended discussion ought not bind future three-judge panels of that court.

Attorney Chad A. Readler briefed and argued the case on behalf of the prisoner. Coincidentally, Chad was also responsible for my visit last month to Columbus, Ohio.

Posted at 10:25 AM by Howard Bashman



“Moussaoui’s Childhood Is Presented as Mitigating Factor”: Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that “Sister, Experts Testify on Moussaoui’s Troubled Childhood.”

The Los Angeles Times reports that “Moussaoui’s Sisters Defend ‘Sweetheart’; Both are mentally ill and institutionalized in France; They describe an abusive family.”

USA Today reports that “Moussaoui jury told of family.”

And The Richmond Times-Dispatch reports that “Moussaoui’s youth detailed; Sisters testify he was a happy boy; something changed in the 1990s.”

Posted at 7:25 AM by Howard Bashman



“Court OKs access to church records; But rejects case of two Muslims at Guantanamo”: Charlie Savage has this article today in The Boston Globe.

Posted at 7:20 AM by Howard Bashman



“U.S. Takes First Shots at Skilling”: The New York Times contains this article today.

The Washington Post reports today that “Skilling’s Credibility Is on the Stand; Enron Prosecutors Hammer at Inconsistencies on First Day of Cross-Examination.”

The Los Angeles Times reports that “Skilling Is Pressed on Stock Sales; Enron’s former CEO defends his transactions during a contentious day on the witness stand.”

Mary Flood of The Houston Chronicle reports that “Skilling cool despite intensified questioning; The ex-CEO insists he isn’t tailoring answers to fit the case.”

And USA Today reports that “Skilling hit with surprise questions; Outside deal, meeting with Lay disclosed.”

Posted at 7:15 AM by Howard Bashman



“Right result, wrong reason”: The Los Angeles Times today contains an editorial that begins, “At first glance, news that a federal appeals court has blocked Los Angeles police from arresting people for sleeping on the sidewalks may seem like a big deal.”

And the newspaper today also contains an op-ed by Jan Perry entitled “ACLU’s victory is a loss for skid row.”

Posted at 7:10 AM by Howard Bashman



“Justices to Rule on Photos at Trial; An appeals panel threw out the conviction of a California man because family members wore buttons displaying the victim’s picture in court”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:05 AM by Howard Bashman



“Justice Kennedy Goes Too Far; Misreading the Constitution in a self-serving cause”: The Washington Post today contains an editorial that begins, “Justice Anthony M. Kennedy has complained recently that editorial writers seem to mouth off on his opinions without having read them. So we listened to his congressional testimony about cameras in the Supreme Court chamber with particular care to make sure we understood him properly.”

Posted at 7:00 AM by Howard Bashman



“Ethics Lapses by Federal Judges Persist, Review Finds; Violations Involve Stock Holdings And Free Trips”: Joe Stephens has this article today in The Washington Post.

Posted at 6:55 AM by Howard Bashman



Monday, April 17, 2006

“The world in their sights: Flushed with success, the US anti-abortion movement is radically expanding its goals.” Cristina Page has this essay in Tuesday’s edition of The Guardian (UK).

Posted at 10:45 PM by Howard Bashman



“This case concerns whether a religious student organization may compel a public university law school to fund its activities and to allow the group to use the school’s name and facilities even though the organization admittedly discriminates in the selection of its members and officers on the basis of religion and sexual orientation.” Today the U.S. District Court for the Northern District of California answered “no” in a lawsuit brought by the Christian Legal Society Chapter of University of California, Hastings College of the Law. You can access today’s ruling at this link. Some additional background about the case can be accessed here.

Posted at 9:05 PM by Howard Bashman



“UA policy on campus speeches ruled illegal”: Saturday’s issue of The Arkansas Democrat-Gazette contained an article that begins, “The University of Arkansas at Fayetteville’s policy restricting how often outside individuals or groups can speak on campus is unconstitutional, the 8th U.S. Circuit Court of Appeals ruled Friday.” My earlier coverage is here.

Posted at 8:54 PM by Howard Bashman



“US detainees are no threat, but lose appeal; US Supreme Court declines to take up case of China’s Uighurs, who remain at Guantanamo because they have no place to go”: Warren Richey will have this article Tuesday in The Christian Science Monitor.

Posted at 8:35 PM by Howard Bashman



Who will speak up on behalf of the fundraising needs of organizations suspected of supporting terrorism? I count at least five judges of the U.S. Court of Appeals for the Ninth Circuit, dissenting today from an order denying rehearing en banc in United States v. Afshari. Circuit Judge Alex Kozinski wrote the dissent.

The three-judge panel’s opinion, which remains the law of the Ninth Circuit, originally issued on December 20, 2004 and then experienced a few amendments from the panel, resulting in a final version that you can access here. My coverage of the panel’s original ruling is at this link.

Posted at 4:35 PM by Howard Bashman