How Appealing



Thursday, January 25, 2007

Crook’s conviction on one count of theft of funds by an agent of an organization receiving federal program funds is affirmed by the U.S. Court of Appeals for the Tenth Circuit: You can access today’s non-precedential ruling in United States v. Vicky L. Crook by clicking here.

The opinion explains that the current conviction was obtained after a hung jury at an earlier trial had failed to convict Crook on fifteen counts of theft of public money in violation of a different federal criminal statute, demonstrating that Crook’s guilt was not fait accompli despite her surname.

Posted at 7:50 PM by Howard Bashman



“No Exit”: In the February 15, 2007 issue of The New York Review of Books, Joseph Lelyveld will have an essay that begins, “The Bush administration seems never to have put it quite so baldly but in its rush to consolidate its authority after the terrorist attacks of September 11, it came close to asserting the power of the commander in chief to declare anyone in the world, of whatever citizenship or location, ‘an unlawful enemy combatant’ and–solely on the basis of that designation–to detain the person indefinitely without charge, beyond reach of any court.”

Posted at 7:40 PM by Howard Bashman



“The hair-splitter in chief”: Today in The Fort Worth Star-Telegram, columnist Linda P. Campbell has an op-ed that begins, “Justice Robert Jackson famously wrote in 1949 that the Bill of Rights isn’t ‘a suicide pact.’ But loyalty to George W. Bush increasingly seems to be one — at least in the way that Attorney General Alberto Gonzales reads the Constitution.”

Posted at 7:38 PM by Howard Bashman



“Abortion Doctor’s Killer Convicted Again”: The Associated Press provides a report that begins, “A man already serving time in a state prison for the sniper-shooting death of a doctor was convicted Thursday on a federal charge of targeting and killing the man because he provided abortions.”

Posted at 5:30 PM by Howard Bashman



“Government secrecy, threat to press examined”: The First Amendment Center has today issued a news release that begins, “A new First Amendment Center report examines the rising conflicts between the federal government and the press over matters of secrecy, leaks and threats to prosecute journalists for espionage or treason for reporting classified information.”

You can access the report — “Government Secrecy vs. Freedom of the Press,” by Law Professors Geoffrey R. Stone and Stephen I. Vladeck — by clicking here.

Posted at 4:00 PM by Howard Bashman



“This is a case about fish and other aquatic organisms.” A lengthy opinion that the U.S. Court of Appeals for the Second Circuit issued today begins:

This is a case about fish and other aquatic organisms. Power plants and other industrial operations withdraw billions of gallons of water from the nation’s waterways each day to cool their facilities. The flow of water into these plants traps (or ‘impinges’) large aquatic organisms against grills or screens, which cover the intake structures, and draws (or ‘entrains’) small aquatic organisms into the cooling mechanism; the resulting impingement and entrainment from these operations kill or injure billions of aquatic organisms every year. Petitioners here challenge a rule promulgated by the Environmental Protection Agency pursuant to section 316(b) of the Clean Water Act that is intended to protect fish, shellfish, and other aquatic organisms from being harmed or killed by regulating ‘cooling water intake structures’ at large, existing power-producing facilities.

You can access the complete ruling at this link.

Posted at 3:40 PM by Howard Bashman



Eighth Circuit, in non-precedential ruling, reinstates intervenor status for two pregnancy crisis centers in challenge to a South Dakota’s abortion informed consent law: You can access today’s ruling at this link. The ruling will allow the crisis centers to continue to participate in appellate proceedings in the Eighth Circuit, which earlier this month granted rehearing en banc to reconsider a federal district court’s entry of a preliminary injunction suspending enforcement of the law.

Posted at 11:57 AM by Howard Bashman



“It is well settled that a panel of the court of appeals may depart from circuit precedent based on an intervening opinion of the Supreme Court that undermines the prior precedent. But what of the situation where an intervening decision of the Supreme Court is filed while a similar case is under submission in the court of appeals, and the Supreme Court’s new pronouncement is unnoticed by the panel?” Eighth Circuit Judge Steven M. Colloton — whose lovely wife was at last night’s book launch party in Washington, DC, bringing back fond memories of last summer’s visit to Brainerd, Minnesota — has today issued an interesting dissenting opinion addressing that question.

Judge Colloton’s dissent notes that “[t]his ‘unusual and delicate situation’ has been addressed in only three reported opinions, and all three circuits have held that a panel of the court of appeals may follow the overlooked decision of the Supreme Court, rather than the prior panel decision that was filed without consideration of the Supreme Court’s intervening opinion.”

Posted at 11:40 AM by Howard Bashman



“Deciding whether Kopp will ever be free; Jury must determine whether doctor’s killer should spend rest of his life in prison”: This article appears today in The Buffalo News.

Posted at 11:03 AM by Howard Bashman



“AG: No death penalty in abortion cases; He says law doesn’t make doctor violations subject to penal code.” The Dallas Morning News today contains an article that begins, “Doctors who illegally perform abortions either in the third trimester or on a minor without her parent’s permission aren’t subject to the death penalty, Attorney General Greg Abbott said in a legal opinion issued Wednesday.”

Yesterday’s opinion letter from the Attorney General of Texas can be accessed at this link (via “StandDown Texas Project“).

Posted at 10:54 AM by Howard Bashman



“Ex-Officials Testify They Informed Libby of the Identity of a C.I.A. Operative”: Neil A. Lewis has this article today in The New York Times. The newspaper also contains an article headlined “At the Libby Trial, Hints of Intrigue and Betrayal.”

The Washington Post reports today that “Ex-CIA Official Testifies About Libby’s Calls; Queries’ Timing Key To CIA Leak Case.”

In The New York Sun, Josh Gerstein reports that “CIA Staffer Says He Warned Cheney, Libby of Leak’s Danger.”

The Los Angeles Times reports that “Libby defense says witnesses also suffered memory lapses.”

And USA Today contains an article headlined “Witness: Libby part of leak plan; Ex-CIA official says administration aimed to blame agency for faulty Iraq info.”

Posted at 9:05 AM by Howard Bashman



“U.S. law may hinder governor’s health plan; An appeals panel cites federal preemption to void a Maryland statute on employee benefits”: This article appears today in The Los Angeles Times.

Posted at 9:02 AM by Howard Bashman



“Phone firms gain upper hand on privacy rulings; Judge denies state venue to consider surveillance dispute”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Telephone companies and the Bush administration, which are defending themselves against lawsuits accusing them of colluding in illegal surveillance of Americans, scored a tactical victory when a federal judge refused to allow California courts to consider claims that the companies violated state privacy laws.”

Posted at 8:55 AM by Howard Bashman



“Held In Contempt, Al-Arian Launches Hunger Strike”: Yesterday’s edition of The Tampa Tribune contained an article that begins, “Sami Al-Arian has begun another hunger strike after being held in contempt for refusing to testify before a grand jury in Virginia, his supporters say. In the meantime, Al-Arian has appealed an order with the 11th U.S. Circuit Court of Appeals that says his plea agreement in Tampa does not protect him from having to testify in Virginia.”

Posted at 8:40 AM by Howard Bashman



“Off-Campus Party Theme Called Racially Insensitive; Law School Plans Session To Deal With ‘Hurtful’ Actions”: The Hartford Courant today contains an article that begins, “The interim dean of the University of Connecticut School of Law has scheduled a schoolwide roundtable discussion for today to air concerns raised by a weekend off-campus party in which some law students dressed in hip-hop clothes and toted 40-ounce bottles of malt liquor.”

Posted at 8:30 AM by Howard Bashman



“Court Rejects Senator’s Bid To Eliminate Fish Agency”: The Washington Post today contains an article that begins, “In a slap at the power of a single U.S. senator to change federal policy, the U.S. Court of Appeals for the 9th Circuit struck down today an attempt by Sen. Larry E. Craig (R-Idaho) to eliminate a small agency that counts endangered salmon in the Columbia River.”

And David Kravets of The Associated Press reports that “Appeals court keeps fish center afloat.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:20 AM by Howard Bashman



“ABC News reporter from Cotaco writes Supreme Court book”: The Decatur (Ala.) Daily contains this article today. The article manages to even the score with New York Times book reviewer Michiko Kakutani for misspelling Jan Crawford Greenburg’s last name when first mentioned in this week’s review of Jan’s new book, as The Decatur Daily refers to Ms. Kakutani using the pronoun “he.”

By the way, I had the pleasure at last night’s book launch party to meet Jan’s parents — they still live in Cotaco, Alabama, a town located in the northern part of the State, just south of Huntsville — and they are two wonderful people who are justifiably proud of their daughter’s many noteworthy achievements.

Posted at 7:44 AM by Howard Bashman



Wyoming’s prison system did not violate the due process rights of hermaphrodite probation violater by keeping him/her in solitary confinement for 14 months, Tenth Circuit holds: You can access yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Earlier coverage of the case appeared in newspaper articles headlined “Intersexual inmate wins rights claim“; “Intersexual Woman Sues Prison“; and “Douglas hermaphrodite sues Corrections Department.”

Posted at 6:45 AM by Howard Bashman



“Student Charged With Hacking at U-Texas”: This article appeared in The Washington Post in March 2003. And The Associated Press reported at the time that “University of Texas student charged in hacking of school’s computer system.”

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a ruling affirming the former student’s conviction under the Computer Fraud and Abuse Act for intentionally accessing a protected computer without authorization and recklessly causing damage in excess of $5,000. The decision also upholds an award of over $170,000 in restitution. Press releases that the local U.S. Attorney’s Office issued in connection with the former student’s conviction and sentence can be accessed here and here, respectively.

Posted at 6:30 AM by Howard Bashman