How Appealing



Monday, January 15, 2007

Utah’s highest court says don’t diss the judiciary, or else it might diss-miss your case: The Supreme Court of Utah issued an opinion on Friday refusing to reach the merits of the issue on which that court had granted certiorari review in two related cases because “petitioners’ briefs in each case are replete with unfounded accusations impugning the integrity of the court of appeals panel that heard the cases below.” The Utah high court’s unanimous opinion goes on to state:

These accusations include allegations, both direct and indirect, that the panel intentionally fabricated evidence, intentionally misstated the holding of a case, and acted with improper motives. Further, petitioners’ briefs are otherwise disrespectful of the judiciary. Accordingly, we strike petitioners’ briefs as containing irrelevant and scandalous matters in violation of rule 24(k) of the Utah Rules of Appellate Procedure, affirm the result reached by the court of appeals in each case, and assess attorney fees against petitioners’ counsel.

Thanks to LegalNewsLine.com for the pointer.

Posted at 5:27 PM by Howard Bashman



“Washington v. Washington Education Association”: This past Saturday’s broadcast of C-SPAN‘s “America & the Courts” focused on this case, in which “[t]he Court will decide if states can require labor organizations to ask non-union employees permission to use fees paid to the union on political activities.” You can view the broadcast online, on-demand by clicking here (RealPlayer required).

The transcript of the U.S. Supreme Court oral argument last Wednesday in Davenport v. Washington Ed. Assn., No. 05-1589, can be accessed here.

Posted at 4:10 PM by Howard Bashman



“Chief justice assigns himself a difficult case”: The Concord (N.H.) Monitor today contains an editorial that begins, “As chief justice of the United States, John Roberts is something less than the boss of his colleagues on the Supreme Court. He can’t tell them how to decide a case. He can’t stop them from granting interviews, giving lectures or writing books. About the worst thing he can do is to stick one of the other justices with the writing of a dull, arcane ruling.”

Posted at 11:35 AM by Howard Bashman



“Reform eminent domain”: Today in The Washington Times, Jeremy P. Hopkins has an op-ed that begins, “Any Virginian outraged by the United States Supreme Court’s decision in Kelo v. New London should examine Virginia law, which often gives Virginians less protection than the court gave the property owners in Kelo. Virginia law allowed a housing authority to take an owner’s house without the owner’s notice and at a price set by the authority in the owner’s absence.”

Posted at 10:30 AM by Howard Bashman



“Unusual adoption case has high stakes”: Yesterday’s edition of The Maine Sunday Telegram contained an article that begins, “Sixteen years ago, Olive Watson wanted to ensure her long-time lover’s financial security. So she adopted her. Now, Watson’s lawyers are trying to get the adoption annulled to keep Patricia Spado from collecting a share of the riches left by the man whom Fortune magazine called ‘the greatest capitalist who ever lived.’ A complex legal dispute is now under way in two states over the adoption, which took place in a Rockland courtroom in 1991.”

And The Associated Press reports that “Adult adoption case goes to court.”

You can access last week’s ruling of the Maine Supreme Judicial Court at this link.

Posted at 9:55 AM by Howard Bashman



“Gang member sets precedent; Case will guide rulings related to violent youths turned criminal adults”: The Knoxville News Sentinel today contains an article that begins, “A Knoxville gang member who has spent most of his life breaking the law has now made it. The case of Black Gangster Disciple Almon D. Wells, 26, is the backdrop for a landmark 6th U.S. Circuit Court of Appeals ruling that sets a legal precedent on how violent acts committed by criminals too young to vote should be classified in the federal court system.”

Posted at 9:44 AM by Howard Bashman



“Fielding Once Again at the Service of a President; Fred Fielding puts his lucrative private practice aside to help the White House battle a combative Congress”: T.R. Goldman has this article (free access) in today’s issue of Legal Times.

Posted at 9:20 AM by Howard Bashman



“Virginia Assembly To Tackle Abortion; One Measure Would Outlaw Most Procedures”: This article appears today in The Washington Post.

Posted at 8:30 AM by Howard Bashman



“Strike-Stopping Judge Is Elevated By Eliot Spitzer”: Joseph Goldstein today has an article that begins, “Governor Spitzer’s decision yesterday to elevate a judge in Brooklyn to the state’s highest court signals Mr. Spitzer’s willingness to break ranks with his supporters in organized labor.”

The New York Post reports today that “Spitzer taps TWU-buster; Top court nomination.”

The New York Daily News reports that “Eliot taps a black jurist.”

And The New York Law Journal reports that “Spitzer Names Jones to Court of Appeals” (free access).

Posted at 8:24 AM by Howard Bashman



“Documents Borne by Winds of Free Speech”: The New York Times today contains an article that begins, “A showdown is scheduled for a federal courtroom in Brooklyn tomorrow afternoon, where words like ‘First Amendment’ and ‘freedom of speech’ and ‘prior restraint’ are likely to mix seamlessly with references to ‘BitTorrent’ and ‘Wiki.'”

Posted at 8:20 AM by Howard Bashman



“Politicizing Prosecutors”: The New York Times today contains an editorial that begins, “The Bush administration has appointed an extreme political partisan as the new United States attorney for Arkansas. Normally, the Senate would have vetted him, and quite possibly blocked his appointment. But the White House took advantage of a little-noticed provision of the Patriot Act, which allows it to do an end run around the Senate.”

Posted at 8:10 AM by Howard Bashman