How Appealing



Sunday, May 20, 2007

“Couple can sue in polygamy case; Defamation claim over being called polygamous is OK’d”: The Salt Lake Tribune contains this article today, along with an article headlined “Ruling could have broad effect on court-case media coverage.”

And The Deseret Morning News reported yesterday that “Defamation case sent back to district court; Couple claims Kingston suit hurt their reputations.”

You can access Friday’s ruling of the Supreme Court of Utah at this link.

Posted at 8:57 AM by Howard Bashman



“Justice denies complaint charge”: The Gloucester County (N.J.) Times yesterday contained an article that begins, “State Supreme Court Justice Roberto Rivera-Soto on Friday denied he acted improperly when he interceded last year in a dispute involving his son and another student at his high school.”

The Philadelphia Inquirer reported yesterday that “Judge denies abusing post to help son.”

And The Courier Post of Cherry Hill, New Jersey reported yesterday that “Justice denies ethics violations.”

A copy of the response to the judicial misconduct complaint can be accessed here. My earlier coverage appears at this link.

Posted at 8:50 AM by Howard Bashman



“Awaiting a decision: Justices may review pivotal Kentucky bond case.” The Louisville Courier-Journal today contains an article that begins, “Public officials nationwide will be watching the U.S. Supreme Court tomorrow for word on a Kentucky case that could decide the future of one of state governments’ favorite fiscal tools.”

Posted at 8:40 AM by Howard Bashman



Saturday, May 19, 2007

“Citing Terror Threat, Judges Criticize Plans for Ohio Garage”: The New York Times on Sunday will contain an article that begins, “A proposal by the city to build a parking garage within one foot of the federal courthouse in this city’s downtown has provoked a strong and uncommonly public reaction from some judges, who say it would allow potential terrorists to get dangerously close to their courtrooms.”

My earlier coverage appears at this link.

Posted at 11:22 PM by Howard Bashman



“Jihadist testifies in Padilla trial; A convicted terrorist with no connection to suspect Jose Padilla testified about his own training at an al Qaeda camp, over the protests of Padilla’s lawyers”: The Miami Herald contains this article today.

The Los Angeles Times reports today that “Al Qaeda training camp described in Padilla trial; A witness tells the court he learned war tactics to defend Muslims.”

And The Washington Post reports that “Defense Cites Ambiguities in Evidence Against Padilla.”

Posted at 3:30 PM by Howard Bashman



“In Closed Meeting With Gonzales, Prosecutors Express Their Dismay; Many Remain Upset, Fear Damage to the Justice Department’s Image”: This article appears today in The Washington Post. In addition, columnist Eugene Robinson has an op-ed entitled “Gonzales’s Signature Moment.”

The Los Angeles Times reports today that “Iglesias recounts a lunch with politics on the menu; The fired U.S. attorney says he was targeted for not pressing charges that could have helped the GOP.”

The Washington Times reports that “White House derides ‘vote’ on Gonzales.”

And The Associated Press reports that “Gonzales Rapped As President’s ‘Yes Man.’

Posted at 3:11 PM by Howard Bashman



Friday, May 18, 2007

“Witness Describes Training Padilla Reportedly Received”: This article will appear Saturday in The New York Times.

The Miami Herald provides a news update headlined “Padilla trial witness describes al Qaeda camp.”

The Los Angeles Times provides a news update headlined “Witness says Padilla’s al-Qaeda training was religious.” Today’s newspaper, meanwhile, contains an article headlined “Fingerprint expert takes stand in Padilla trial; The government’s key evidence bears the defendant’s prints, but where it was during his incarceration is unclear.”

And The Associated Press provides a report headlined “Padilla Trial Witness: al-Qaida Ran Camp.”

Posted at 11:30 PM by Howard Bashman



“Porn evidence must be shared; State Supreme Court rules on three Pierce County child-sex cases”: This article appears today in The News Tribune of Tacoma, Washington.

My earlier coverage appears at this link.

Posted at 10:48 PM by Howard Bashman



“Descendants of Jewish art collector Margarete Mauthner (collectively, ‘the Orkins’) claim that their ancestor was wrongfully dispossessed of a painting during Hitler’s Nazi regime, entitling them to ownership of the painting, which was later purchased by actress Elizabeth Taylor.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The opinion’s opening paragraph goes on to say, “In this appeal, we conclude that the Holocaust Victims Redress Act does not create a private right of action and that the Orkins’ state law claims are barred by the statute of limitations. We affirm the judgment of the district court, dismissing the complaint.”

Posted at 2:15 PM by Howard Bashman



“Court Upholds Pentagon Labor Policies”: The Associated Press provides a report that begins, “A federal appeals court said Friday the Pentagon has the authority to pick and choose what labor issues it will negotiate with unions representing more than 600,000 civilian employees. The policy has been on hold since early last year when a federal judge said it eroded collective bargaining rights. The U.S. Court of Appeals for the District of Columbia Circuit overturned that ruling Friday, saying in a 2-1 decision that Congress temporarily authorized the policy change until 2009.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Brett M. Kavanaugh wrote the majority opinion. in which Senior Circuit Judge Stephen F. Williams joined. Circuit Judge David S. Tatel dissented.

Posted at 1:42 PM by Howard Bashman



Programming note: In connection with an interesting appeal that I will be arguing next Tuesday before a three-judge panel of the Superior Court of Pennsylvania, I’ll be meeting with co-counsel this morning at their offices in Center City Philadelphia. Additional posts will appear here this afternoon.

Posted at 7:58 AM by Howard Bashman



“Gonzales falls under renewed assault; Another GOP senator calls for the attorney’s resignation, as two Democrats prepare a no-confidence resolution for the chamber’s vote”: This article appears today in The Los Angeles Times. The newspaper also contains an editorial entitled “Gonzales’ sick-bed appeal: His hospital visit to John Ashcroft shows why the administration shouldn’t get the benefit of the doubt on wiretapping.”

Today in The New York Sun, Josh Gerstein reports that “Comey Testimony May Spell Trouble for White House; Ex-Official Describes Appeal to Ailing Ashcroft on Wiretapping.”

The Washington Times reports that “Gonzales faces Senate no-confidence vote.”

Bloomberg News reports that “Democrats to Offer No-Confidence Vote on Gonzales.”

And The Washington Post contains an editorial entitled “Caller ID: It’s not whether the president called; It’s what he did,” along with an op-ed by Law Professor Douglas W. Kmiec entitled “Testimony in a Teacup: What’s Overlooked in Comey’s Histrionics.”

Posted at 7:55 AM by Howard Bashman



Thursday, May 17, 2007

Under what circumstances should a criminal defendant charged with possessing child pornography have access to that evidence? Today the Supreme Court of Washington State issued a decision addressing that question. The decision consists of a majority opinion and a dissenting opinion.

As I noted in this earlier post from January 2007, this question — which arises in federal prosecutions due to the Adam Walsh Child Protection and Safety Act — has also proved complicated for at least one federal court.

In news coverage of today’s Washington State ruling, The Associated Press reports that “WA prosecutors must hand over child porn to defendant.”

Posted at 8:30 PM by Howard Bashman