How Appealing



Friday, February 9, 2007

“Death May Not End Anna Nicole’s Fight; Federal courts could determine fate of multimillion-dollar case”: The ABA Journal eReport today provides this coverage.

Posted at 2:33 PM by Howard Bashman



Oops, at this defendant’s federal criminal trial, they forgot to swear-in one of the key witnesses for the prosecution: And no one seemed to notice until after the witness had been excused. The U.S. Court of Appeals for the Seventh Circuit today has issued a ruling that confronts this very situation, one that thankfully doesn’t arise all that often.

Posted at 1:20 PM by Howard Bashman



“‘Ask the Author’ with Jan Crawford Greenburg: Part 3.” The third and final part of her interview at “SCOTUSblog” can be accessed here. I’m looking forward to seeing Jan and Law Professor Jeffrey Rosen speak about their new books on Tuesday evening, February 13th at the National Constitution Center in Philadelphia (details here).

Posted at 10:55 AM by Howard Bashman



Free Bird: The Pittsburgh Post-Gazette reports today that “Man sues city after being cited for ‘flip’ gesture.”

And The Pittsburgh Tribune-Review reports today that “Regent Square driver sues city, officer over finger-flip ‘trauma.’

The American Civil Liberties Union of Pennsylvania yesterday issued a press release titled “ACLU Sues City of Pittsburgh for Violating Rights of Man Who Flipped Off Police Officer.” You can access at this link a copy of the complaint filed yesterday in federal court in Pittsburgh.

Posted at 10:37 AM by Howard Bashman



Divided three-judge D.C. Circuit panel affirms preliminary injunction barring the transfer to Iraqi authorities for trial on terrorism charges of an American citizen captured and detained in Iraq by U.S. military forces: You can access today’s ruling at this link.

Circuit Judge David S. Tatel delivered the opinion of the court, in which Senior Circuit Judge Harry T. Edwards joined. Circuit Judge Janice Rogers Brown dissented from most of the majority’s ruling. Deputy Solicitor General Gregory G. Garre argued the case in the D.C. Circuit on the federal government’s behalf.

Posted at 10:13 AM by Howard Bashman



En banc D.C. Circuit overturns D.C. Metropolitan Police Department detective’s federal criminal conviction for receiving an illegal gratuity “for or because of an official act”: You can access today’s en banc ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The en banc court divided 7-5 over the result.

When the divided three-judge panel in this case issued its ruling in February 2006, two of the judges on the panel were senior status D.C. Circuit judges. Both chose to participate in the en banc rehearing, as is their right, and today their votes enabled the en banc majority to reach the same result that the panel majority had reached. My earlier coverage of the three-judge panel’s ruling appears here.

Posted at 10:05 AM by Howard Bashman



“Glitz, scandal, fame, loss — and death at 39”: This article appears today in The Los Angeles Times. And David G. Savage reports that “Estate battle goes on in courts; The dispute between Smith and her late husband’s family is likely to continue in the name of her daughter.”

USA Today reports today that “Death won’t end legal battles; Baby’s paternity, late husband’s estate are still up in the air.”

The New York Times reports that “Anna Nicole Smith Is Found Dead in Florida.”

The Washington Post contains articles headlined “A Troubled Tabloid Life Ends in Fla.; Tawdry Fame, Controversy Shadowed Anna Nicole Smith” and “The Fantasy Of Happily Ever After; Anna Nicole Smith Stripped Marriage Of Its Illusions.”

The Associated Press reports that “Smith Left Baby, Tangled Legal Web.”

And The New York Sun contains a law-related editorial entitled “Vickie Lynn Marshall.”

Posted at 8:30 AM by Howard Bashman



“DA rejects deal to spare Nichols death sentence”: The Atlanta Journal-Constitution today contains an article that begins, “Accused Fulton County courthouse killer Brian Nichols is willing to plead guilty if prosecutors will drop their plans to seek the death penalty, but District Attorney Paul Howard has refused to negotiate, according to a court motion filed Thursday.”

Posted at 8:20 AM by Howard Bashman



“Herald asks SJC to reverse libel verdict; Panel questions writer’s actions”: The Boston Globe today contains an article that begins, “Massachusetts Supreme Judicial Court justices peppered lawyers for the Boston Herald yesterday with questions about a reporter’s destruction of notes and about factual mistakes in the journalist’s work as the justices began their review of a $2.09 million libel award against the newspaper.”

And The Boston Herald reports today that “SJC hears Herald libel case: Questions focus on malice issue.”

Posted at 8:11 AM by Howard Bashman



“NBC’s Russert Wraps Up Prosecution Case in Libby Trial”: Neil A. Lewis has this article today in The New York Times. And in related coverage, “Media Censors for the Jury Let a Style Item Get Through.”

The Washington Post reports today that “Prosecution Rests Case In Libby’s Perjury Trial.”

The Los Angeles Times reports that “Prosecution rests case against Libby; A sometimes testy cross-examination of Tim Russert wraps up; The defense starts Monday.”

And The New York Sun reports that “Libby Defense Plans To Call Top Journalists to the Stand.”

Posted at 8:07 AM by Howard Bashman



“Fired Prosecutor Disputes Justice Dept. Allegation; He Calls Testimony ‘Unfair’; Meanwhile, Senate Panel Votes to Limit Attorney General’s Power”: The Washington Post today contains an article that begins, “A recently fired U.S. attorney based in Seattle said yesterday that he was told of no performance problems when he was asked to resign, and he called critical remarks by a top Justice Department official ‘unfair’ and inaccurate.”

Posted at 8:00 AM by Howard Bashman



Thursday, February 8, 2007

Next week, Justice Sandra Day O’Connor will sit by designation with the U.S. Court of Appeals for the Eighth Circuit: You can view the oral argument calendar for next week by clicking here.

In news coverage of a case to be argued before Justice O’Connor next week, The Associated Press reports that “Prison ministry case in appeals court.”

And Washington University in St. Louis has issued a news release titled “Professor to challenge MO voting ban for all disabled adults under full guardianship before Justice O’Connor and the Eighth Circuit.”

Posted at 11:05 PM by Howard Bashman



“High court tutoring: Ex-Justice O’Connor serves as reading coach at Navajo School.” This article appears today in the Arizona Business Gazette.

Posted at 11:00 PM by Howard Bashman



Keynote participants will include Hon. Justice W. Ian C. Binnie of the Supreme Court of Canada and U.S. Supreme Court Associate Justice Antonin Scalia, who will discuss “Judging in a Constitutional Democracy”: McGill Reporter of McGill University contains this report today.

Posted at 10:58 PM by Howard Bashman



“Dad wasn’t dad after all, but still owes child support; A Florida Supreme Court case raises fundamental questions about the nature of fatherhood and legal responsibilities”: Warren Richey will have this article Friday in The Christian Science Monitor.

Posted at 10:50 PM by Howard Bashman



“Alberto Gonzalez’s coup d’etat: The Constitution be damned, the attorney general has seized control of U.S. attorney appointments for partisan purposes.” Joe Conason has this essay bearing Friday’s date at Salon.com.

Posted at 10:35 PM by Howard Bashman



“Lawyer: Court Shooting Plea Deal Nixed.” The Associated Press provides a report from Atlanta that begins, “A man accused of killing four people in a shooting rampage that began inside a courthouse offered to plead guilty to murder in order to be spared the death penalty, but a prosecutor rejected such a deal, his attorney said Thursday.”

Posted at 10:11 PM by Howard Bashman