How Appealing

Tuesday, July 18, 2006

“Miss. Death Row Appeal Tops Court Agenda”: The Associated Press provides a report that begins, “The death penalty appeal of Bobby Glen Wilcher will be among the first cases the U.S. Supreme Court will discuss when justices return from vacation this fall.”

Posted at 11:32 PM by Howard Bashman

“Deadlocked Supreme Court: ‘Someone’s Voting Twice.'” The current issue of The Onion contains a news brief that begins, “The Supreme Court’s third 5-5 vote in the past month has some justices wondering whether one of their number is voting twice.”

Posted at 11:28 PM by Howard Bashman

“The District Court’s final order failed to comply with the separate-document requirement of Federal Rule of Civil Procedure 58. Lengthy recitation of facts and procedural history prevents an order from serving as a separate document within the meaning of the Rule.” Fans of Federal Rule of Civil Procedure 58’s “separate document” requirement are sure to enjoy this decision that a two-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. I discussed Rule 58’s “separate document” requirement in my “Upon Further Review” column from April 2002 headlined “December 2002 Brings Significant Changes To The Federal Rules Of Appellate Procedure.”

Posted at 6:50 PM by Howard Bashman

Third Circuit rejects adult cabaret’s constitutional challenge to New Jersey regulation prohibiting “any lewdness or immoral activity” on liquor-licensed premises: Apparently, it is lawful to require an establishment to choose between a liquor license and presenting shows consisting of lewd or immoral acts. You can access today’s ruling of a two-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 6:38 PM by Howard Bashman

“Breyer, Kozinski Rule: Cabaret’s No Musical.” Justin Scheck has this post at’s “Legal Pad” blog.

Posted at 6:27 PM by Howard Bashman

Greetings from Brainerd, Minnesota: The flight into Minneapolis was problem-free and on-time, and the drive up to Brainerd was quite pleasant. And thanks to the reader who emailed that the Brainerd Blue Thunder baseball team is playing at home all week.

Posted at 6:22 PM by Howard Bashman

Programming note: I’ve been invited to participate as one of the speakers at this week’s “judges-only” Judicial Conference of the U.S. Court of Appeals for the Eighth Circuit. As a result, I’ll be en route today to Brainerd, Minnesota. The resort that is hosting the conference purportedly features high-speed internet access, so additional posts may appear online this evening. According to the conference’s program, I’m not the only person originating from the Third Circuit who is scheduled to deliver remarks. The distance between Brainerd and Minneapolis, and also between Brainerd and Fargo, makes it unlikely that I will be able to attend any Twins or Redhawks baseball games while I’m there.

Posted at 7:00 AM by Howard Bashman

“Republicans Will Attempt to Strip ‘Pledge’ Cases from Courts”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 6:50 AM by Howard Bashman

“Impeachment Inquiry of Judge Sought; The chairman of the House Judiciary Committee plans an investigation into the conduct of federal court jurist Manuel L. Real”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 6:45 AM by Howard Bashman

“Skateboard park waiver wipes out in top court; Some see ruling harming sites for youth recreation”: The Newark (N.J.) Star-Ledger today contains an article that begins “Parents are asked to sign them all the time — forms allowing their child to go on a class trip, play a sport or participate in an activity such as skateboarding. Some give up the child’s right to sue for injuries. Yesterday, the New Jersey Supreme Court ruled 5-2 that commercial recreational facilities cannot use those forms to escape liability for their own carelessness.” You can access yesterday’s ruling of the Supreme Court of New Jersey at this link.

Posted at 6:42 AM by Howard Bashman

“High court blocks plan for Camden fugitives; The chief justice, citing credibility and safety, won’t let judges take part in a program for criminals to surrender in a church”: The Philadelphia Inquirer contains this article today.

Posted at 6:38 AM by Howard Bashman

“E-slacking: It’s laptop over lecture; When classes are less than riveting, graduate students are jumping online to shop and e-mail; But some professors are fighting back.” This article appears today in The Chicago Tribune.

Posted at 6:35 AM by Howard Bashman

“FBI sought to win Padilla’s trust; Al-Qaida suspect’s arrest not the aim, agent testifies”: This article appears today in The South Florida Sun-Sentinel.

Posted at 6:25 AM by Howard Bashman

“Optimism on Both Sides of Gay-Marriage Debate; State Votes Will Show Whether Bans Are Losing Steam or Gaining Ground”: The Washington Post contains this article today.

Posted at 6:22 AM by Howard Bashman

“In a Lawsuit Aimed at Iran, Terror Victims Focus on Ancient Artifacts in a Chicago Museum”: This article appears today in The New York Times.

Posted at 6:18 AM by Howard Bashman

“G.O.P. Senator Resisting Bush Over Detainees”: The New York Times today contains an article that begins, “Senator Lindsey Graham of South Carolina often plays the contrarian, the conservative Republican willing to poke a stick in the eye of the White House.”

Posted at 6:13 AM by Howard Bashman

“In Novel-Like Scene, Two Milberg Partners Plead Not Guilty”: Josh Gerstein has this article today in The New York Sun.

The New York Times reports today that “Law Firm and 4 Figures in Payments Case Enter Pleas.”

The Los Angeles Times reports that “Milberg Weiss Pleads Not Guilty; Prosecutors say more indictments could come in the case alleging that the law firm paid illegal kickbacks to plaintiffs.”

And The Associated Press reports that “L.A. Law Firm Pleads Not Guilty to Charges.”

Posted at 6:07 AM by Howard Bashman