How Appealing



Thursday, July 20, 2006

“Review Panel Flays Judge; Sets Public Hearing For Sullivan; 1-Year Suspension Possible”: Lynne Tuohy has this article today in The Hartford Courant.

Posted at 6:20 PM by Howard Bashman



“In sum, in future cases, district courts should not instruct juries to the effect that a testifying defendant has a deep personal interest in the case. Rather, a witness’s interest in the outcome of the case ought to be addressed in the court’s general charge concerning witness credibility.” The U.S. Court of Appeals for the Second Circuit today issued this opinion vacating a conviction obtained in a criminal case on a charge of being a felon in possession of a firearm.

Posted at 6:05 PM by Howard Bashman



“We take this opportunity to express our concern over the current formulation of Rule 68 and to recommend to the Advisory Committee on Civil Rules and the Standing Committee on Practice and Procedure of the Judicial Conference of the United States that they address the question of how an offer and judgment should be compared when non-pecuniary relief is involved.” So says a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today.

Posted at 6:00 PM by Howard Bashman



Greetings from the Eighth Circuit Judicial Conference: This morning, I delivered my remarks, and they seemed quite well-received. My wife and I had the pleasure of sharing the breakfast table this morning with Circuit Judge Morris S. Arnold, whom I did not get a chance to meet during my last talk to the Eighth Circuit in September 2004 in St. Louis.

Also today, I had the pleasure of speaking with U.S. Magistrate Judge Bobby E. Shepherd, who as early as moments from now may be confirmed by the U.S. Senate to fill Judge Arnold’s seat on the Eighth Circuit when Judge Arnold takes senior status this October. I may also be quoted in tomorrow’s issue of The Arkansas Democrat-Gazette in an article reporting on Judge Shepherd’s confirmation should it occur this evening.

And, before leaving the topic of Arkansas, last night my wife and I had the pleasure of speaking with U.S. District Judge J. Leon Holmes.

One of the highlights of my visit thus far was getting to spend some time speaking with Senior Eighth Circuit Judge Gerald W. Heaney, who will be retiring entirely from judicial service in the very near future. My wife and I had lunch today with Judge Heaney and his wife, and Judge Heaney is an incredibly impressive individual and also a war hero. During the final three-judge panel sitting that Judge Heaney recently participated in, his colleagues on the panel offered a tribute that you can listen to by clicking here (Windows Media Player required). Circuit Judge Lavenski R. Smith presided over those oral arguments, and it is his voice that you will hear at the outset of the audio recording.

My wife and I will be returning to Philadelphia tomorrow, after Circuit Justice Samuel A. Alito delivers his remarks.

Posted at 5:45 PM by Howard Bashman



“Judge won’t dismiss suit over domestic spying; Government, AT&T had sought to have case thrown out”: Bob Egelko of The San Francisco Chronicle provides this news update.

David Kravets of The Associated Press reports that “Judge Refuses to Dismiss Spying Lawsuit.”

And c|net News.com reports that “Judge refuses to drop spying suit against AT&T.”

You can access today’s ruling of the U.S. District Court for the Northern District of California at this link.

Posted at 5:30 PM by Howard Bashman



“Judge strikes down law banning cohabitation”: The News & Observer of Raleigh, North Carolina provides an update that begins, “Those of you shacking up out of wedlock, have no fear: A judge has thrown out a 201-year-old North Carolina law making it illegal for unmarried couples to live together.”

And The Associated Press reports that “N.C. Law Banning Cohabitation Struck Down.”

Posted at 2:15 PM by Howard Bashman



“Why The ‘Compromise’ Foreign Surveillance Wiretap Legislation Pending in Congress Is No Compromise: The Bill, and Senator Specter’s Strange Reversal on the Issue.” Edward Lazarus has this essay online today at FindLaw.

Posted at 7:20 AM by Howard Bashman



Wednesday, July 19, 2006

“Bush Blocked Internal Justice Probe of Wiretaps; The president withheld security clearances from lawyers investigating those who approved and oversaw the NSA surveillance program”: The Los Angeles Times contains this article today.

Today in The New York Times, Neil A. Lewis reports that “Bush Blocked Ethics Inquiry, Gonzales Says.”

The Washington Post reports that “Bush Thwarted Probe Into NSA Wiretapping; Security Clearances for Justice Department Investigators Were Denied, Gonzales Says.”

In The Boston Globe, Charlie Savage reports that “Bush blocked probe, AG testifies; Senate examines wiretap program.”

And The Washington Times reports that “Bush blocked wiretap probe.”

Posted at 11:58 PM by Howard Bashman



“The Two Executions Of Willie Francis”: Today in The Washington Post, Gilbert King has an op-ed that begins, “In its recently concluded term, the U.S. Supreme Court overturned a Kansas Supreme Court judgment regarding that state’s imposition of the death penalty.”

Posted at 11:50 PM by Howard Bashman



“Court voids ‘Wal-Mart law’; U.S. district judge says Md. violated federal authority”: This article will appear Thursday in The Baltimore Sun. My earlier coverage appears here.

Posted at 11:49 PM by Howard Bashman



“Deportation Warning Closes Case; Substitute judge tells an illegal immigrant to leave his courtroom or be sent back to Mexico”: The Los Angeles Times provides this news update.

Posted at 11:45 PM by Howard Bashman



“Congressman’s Gambit Puts Judge on Path to Impeachment”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “Los Angeles-based federal Judge Manuel L. Real is now officially public enemy No. 1 in Congress’ ongoing war against the judiciary.”

Posted at 4:57 PM by Howard Bashman



“Lawyers war over wife on the bench”: Today’s edition of The Australian contains an article that begins, “Queensland Bar Association president Peter Lyons has launched an extraordinary attack on his deputy for criticising the appointment of Mr Lyons’s wife to the Supreme Court bench.”

Posted at 4:45 PM by Howard Bashman



In news from Connecticut: The Associated Press provides a report headlined “Judicial Review Council Finds Cause For Sullivan Violations” that begins, “The state’s Judicial Review Council on Wednesday found probable cause that former state Supreme Court Chief Justice William J. Sullivan violated judicial rules of conduct when he delayed the release of a court opinion to help a fellow justice facing confirmation hearings. Sullivan, who can still sit on cases as a retired justice, was charged with five violations of the Code of Judicial Conduct and state statutes.”

Posted at 4:38 PM by Howard Bashman



Third Circuit grants rehearing en banc in case that resulted in a divided three-judge panel ruling described as a “[m]ajor Third Circuit ruling on post-Booker burden of proof”: Today’s order granting rehearing en banc is here, while the three-judge panel’s earlier ruling is here. The blog “Sentencing Law and Policy” had this post about that ruling, and my earlier coverage of that ruling is at this link.

Posted at 4:30 PM by Howard Bashman



“Ruling confirms abortion rights for Missouri prisoners”: The St. Louis Post-Dispatch today contains an article that begins, “A federal judge on Tuesday ordered that the state of Missouri provide transportation for any woman prisoner seeking an abortion, saying that even an inmate had the constitutional right to the legal procedure.”

And The Kansas City Star reports today that “Abortion transportation ordered; The state’s argument of a security risk is rejected; Gov. Matt Blunt urges an appeal.”

I have posted online at this link a copy of yesterday’s ruling of the U.S. District Court for the Western District of Missouri.

Posted at 11:00 AM by Howard Bashman



“Ultimately, recognition of Vickers’ claim would have the effect of de facto amending Title VII to encompass sexual orientation as a prohibited basis for discrimination.” So states the majority opinion issued today by a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. In today’s ruling, the majority rejects the argument that “the unique nature of homosexuality entitles it to protection under Title VII sex discrimination law.”

Posted at 10:54 AM by Howard Bashman



One year ago today: President George W. Bush nominated D.C. Circuit Judge John G. Roberts, Jr. to replace Sandra Day O’Connor on the Supreme Court of the United States. The transcript of the announcement appears here.

Two particular posts of interest from that date are titled “Who are you calling a dumb-ass?” and “Sources say President Bush’s nominee to the U.S. Supreme Court won’t be Kennewick Man.” You can access my complete coverage from one year ago today by clicking here and scrolling down the page. Of course, President Bush ultimately had to settle for his third choice to fill the O’Connor vacancy.

Posted at 9:03 AM by Howard Bashman



“The Florida Supreme Court’s Big Tobacco Decision: Why Neither Side Can Be Very Happy.” Anthony J. Sebok has this essay online at FindLaw.

Posted at 8:45 AM by Howard Bashman



Tuesday, July 18, 2006