How Appealing



Monday, May 8, 2006

“Do-it-yourself defendants: Self-representation may help some gain favorable verdicts.” The Baltimore Sun today contains an article that begins, “Socrates and Joan of Arc did it. So did serial murderer Ted Bundy, Black Panther Bobby Seale, Long Island Rail Road murderer Colin Ferguson and, briefly, Zacarias Moussaoui, who was sentenced to life in prison last week for conspiring in the Sept. 11 attacks. They all defended themselves in court, a right that – with certain constitutional safeguards – is guaranteed in this country.”

Posted at 7:15 AM by Howard Bashman



“Reporters’ Subpoenas Amount To ‘War Against the Press'”: Today in The New York Sun, Josh Gerstein has an article that begins, “The Bush administration has opened a new front in its war on leaks with an aggressive and unusual move to force two San Francisco Chronicle reporters to identify their sources for stories about secret grand jury testimony from a federal investigation of steroid use in professional baseball.”

Posted at 6:58 AM by Howard Bashman



Philadelphia Phillies 9, San Francisco Giants 5: Thanks to a late arrival scheduled tomorrow for my son’s elementary school, he was able to accompany me to tonight’s Phillies game, where we saw both a victory for our home team and the 713th home run for Barry Bonds, putting him one shy of Babe Ruth’s record. There was no doubt about the home run; it glanced off an advertisement at the base of the upper deck in right field in Citizens Bank Park. Bonds had one more at bat to try for number 714, but he struck out.

Although Major League Baseball may not be planning to officially commemorate the tying or passing of Babe Ruth’s home run total, it was apparent that specially marked baseballs were used for Bonds’s final at bat of the evening. The ball boy gave a supply of specially marked baseballs to the home plate umpire at the start of Bonds’s final at bat, and then the ball boy took away the remaining specially marked baseballs, and replaced them with regular baseballs, following the strikeout.

Wraps of Sunday night’s game can be accessed here and here, while the box score is available at this link. Special coverage of home run 713 can be found here, here, here, here, here, and here.

Posted at 12:28 AM by Howard Bashman



Sunday, May 7, 2006

“Complaint Against Judge Has Broader Ramifications; Judicial panel says it lacks power to sanction L.A. jurist; Bill would create inspector general”: Today in The Los Angeles Times, Henry Weinstein has an article that begins, “A long-running controversy involving a misconduct complaint against veteran Los Angeles federal Judge Manuel L. Real has reached the nation’s capital, where it could influence legislation proposed by conservatives seeking to exert greater oversight of the federal judiciary. Real seized control from another judge of a bankruptcy involving a woman whose probation he was overseeing, permitting Deborah M. Canter to live rent-free for three years in a Highland Avenue house and costing her creditors $35,000 in rent and thousands more in legal costs, according to court documents. A sharply divided national federal judicial discipline committee ruled 3 to 2 in late April that it had no power to sanction Real, 81, because the chief judge of the U.S. 9th Circuit Court of Appeals failed to properly investigate the complaint.”

If anyone can point to me where last month’s ruling of the “sharply divided national federal judicial discipline committee” is available online so that I can link to it, or if anyone can send an electronic copy of that ruling to me so that I can post it online, I will be most appreciative.

The ruling of the Judicial Council of the U.S. Court of Appeals for the Ninth Circuit in this matter from September 2005 is available online at this link. And my earlier coverage of that ruling appears here, here, and here.

Posted at 9:05 AM by Howard Bashman



Saturday, May 6, 2006

“Where Are They: Thomas Penfield Jackson; Outspoken Judge in Microsoft Case Has Retired From the Bench but He Is Still Speaking His Mind.” This article (free access) appears today at The Wall Street Journal Online.

Posted at 11:34 PM by Howard Bashman



This afternoon’s blogging break on the fourth anniversary of this blog’s existence was courtesy of the Philadelphia Soul arena football team: My son got to sit on the bench with the players during the game in his capacity as Philadelphia Soul’s Ball Boy of the day. The Soul today defeated the Dallas Desperados 51-48 (details here). This was my family’s first arena football experience, made extra special as the result of free tickets and all access passes.

Tomorrow night my son and I will be back in south Philly to cheer on the Philadelphia Phillies against Barry Bonds and the San Francisco Giants. The Phillies have held Bonds homerless through the first two games of the series, so he would have to hit three tomorrow night in order to pass Babe Ruth in the record books while in Philly.

Posted at 11:28 PM by Howard Bashman



“Nuss panel begins inquiry; Judicial committee examining judge”: The Topeka Capital-Journal today contains an article that begins, “A state commission met privately Friday to consider a formal ethics investigation of Kansas Supreme Court Justice Lawton Nuss for talking with lawmakers about a pending lawsuit.”

Meanwhile, on Friday, The Lawrence Journal-World reported that “Sebelius denies inside information from court.”

And Friday in The Kansas City Star, Barbara Shelly had an op-ed entitled “Meal in Topeka gave court, Capitol indigestion.”

Posted at 11:18 PM by Howard Bashman



“School worker axed for Net use”: The New York Daily News today contains a news brief that begins, “City Schools Chancellor Joel Klein canned an Internet-surfing employee yesterday, despite a judge’s ruling that city workers can check out the Web at work.”

Posted at 1:04 PM by Howard Bashman



“Student’s liaison leads to lawsuit; Off-campus fling earned suspension”: The Raleigh (N.C.) News & Observer today contains an article that begins, “A 16-year-old student and his mother have sued the Wake County Board of Education after he was suspended for having sex during school hours at his girlfriend’s house. The suit, filed last week in Wake Superior Court by Ryan Biggar and his mother, Patricia, says school officials have no authority over students’ off-campus behavior.”

Posted at 9:44 AM by Howard Bashman



“Edwards: Withdraw Boyle’s nomination.” The Raleigh (N.C.) News & Observer today contains a news brief that begins, “Former U.S. Sen. John Edwards called on President Bush on Friday to withdraw the nomination of U.S. District Judge Terrence Boyle to a federal appeals court.”

Posted at 9:40 AM by Howard Bashman



On May 6, 2002 — four years ago today — the blog “How Appealing” came into existence: That’s right, today is this blog’s fourth birthday. You can access this blog’s complete archives, consisting of every post that has appeared during the history of “How Appealing,” via this link.

To celebrate this blog’s fourth anniversary, and after much clamoring from my readers, I have decided to resume one of this blog’s most popular monthly features, “20 questions for the appellate judge.” The first 20 months of that interview feature can be accessed via the link provided in the preceding sentence.

Of course, the “20 questions for the appellate judge” feature can only exist if appellate judges are willing to volunteer to be interviewed. On Monday, May 8, 2006 at 9 a.m. eastern time, I will post online here details of how appellate judges can volunteer to take part in this popular monthly online interview feature and when, if all goes as planned, the feature will resume.

Thanks to each and every reader who has made “How Appealing” so much fun to operate during the first four years of its existence!

Posted at 9:30 AM by Howard Bashman



Friday, May 5, 2006

U.S. government advises the U.S. Court of Appeals for the D.C. Circuit that ethnic Uighur Chinese nationals formerly detained at Guantanamo Bay have today been released to Albania for resettlement there as refugees: You can access the federal government’s filing, made late today, at this link. The case had been scheduled for oral argument Monday in the D.C. Circuit, and the federal government has now filed an emergency motion to dismiss the case as moot.

In early press coverage, The Associated Press reports that “Albania Takes 5 Ethnic Chinese From Gitmo.”

Posted at 8:10 PM by Howard Bashman



“Improving scotusblog”: You can join Linda Greenhouse in offering suggestions at this link. Meanwhile, readers of “How Appealing” are constantly offering me suggestions on how to improve my blog, which is why you don’t see me asking for even more suggestions of that nature.

Posted at 3:55 PM by Howard Bashman



“Gay couple can’t contest marriage definition”: Bob Egelko of The San Francisco Chronicle provides a news update that begins, “A federal appeals court today dismissed a challenge by two Orange County men to a law denying federal marriage benefits to same-sex couples, saying a couple that isn’t legally married under state law has no right to contest the federal definition of marriage.” My earlier coverage appears here.

Posted at 3:50 PM by Howard Bashman



“Now in foreground: jurors’ backgrounds; Attorneys split on need for checks.” This article (free access) will appear in next week’s issue of The National Law Journal.

Posted at 3:28 PM by Howard Bashman