How Appealing



Monday, June 11, 2007

“Butts Charged With Stealing Toilet Paper”: The Associated Press provides a report that begins, “Police blame a woman named Butts for stealing toilet paper from a central Iowa courthouse, and while they’re chuckling, the theft charge could put her in prison.”

And The Times-Republican of Marshalltown, Iowa reports that “Toilet paper bandit could face three years in prison.”

Posted at 3:02 PM by Howard Bashman



“Judge’s critique pounds system; Suspension fails to calm Mathesius”: Yesterday’s edition of The Trenton (N.J.) Times contained an article that begins, “If anyone thought a monthlong suspension without pay would cure Mercer County Judge Bill Mathesius of his irreverent outspokenness and sarcastic courtroom demeanor, they were wrong. Six months after the state Supreme Court ordered Mathesius to take time off to ponder his caustic judicial manner, the self-proclaimed ‘impolite and impolitic’ jurist has published his reflections in a scathing critique of the state judicial system. Posted online by New Jersey Lawyer, a trade publication, the missive accuses the state’s highest court of an ‘assault on judicial independence’ and calls its disciplinary panel ‘a judicial SWAT team of scolds.'”

And New Jersey Lawyer has today posted online an article headlined “Mathesius: Sitting judge rips the judiciary and the justices.”

The complete text of New Jersey state court Judge Bill Mathesius’ written remarks appear under the headline “Reflections of a disreputer — (Guaranteed: 85% of this story is 100% true).” You can also access the remarks in PDF format by clicking here.

Posted at 2:50 PM by Howard Bashman



“Appeal blocks release in teen sex case”: CNN.com provides a report that begins, “A judge on Monday threw out the 10-year sentence against a 21-year-old for a consensual sex encounter he had as a teenager. But the state attorney general quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being.”

Posted at 2:25 PM by Howard Bashman



“Man labeled ‘enemy combatant’ wins court case”: James Vicini of Reuters provides a report that begins, “President George W. Bush cannot order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative, the only person being held in the United States as an ‘enemy combatant,’ an appeals court ruled on Monday. In a major setback for Bush’s policies in the war on terrorism adopted after the September 11 attacks, the appellate panel ruled 2-1 the U.S. government had no evidence to treat Ali Saleh Kahlah al-Marri as an ‘enemy combatant.’ The court ordered him released from military custody.”

The Associated Press reports that “Court Rules in Favor of Enemy Combatant.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “President denied authority to detain civilians in U.S.

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

Posted at 1:05 PM by Howard Bashman



“Even the Recused Judge Agreed With This Appeal’s Outcome”: Today’s installment of my “On Appeal” column for law.com can be accessed here.

Posted at 12:30 PM by Howard Bashman



“Judge frees teen imprisoned for consensual oral sex”: The Atlanta Journal-Constitution provides a news update that begins, “A judge today ordered that Genarlow Wilson be freed from prison, where he has spent more than two years for receiving consensual oral sex from a 15-year-old girl when he was 17. Monroe County Superior Court Judge Thomas Wilson also amended Wilson’s felony conviction to a misdemeanor without the requirement that he register as a sex offender.”

Posted at 12:27 PM by Howard Bashman



“Ga. Supreme Court rejects challenge to voter ID law; Reverses ruling that found it unconstitutional”: Bill Rankin of The Atlanta Journal-Constitution provides a news update that begins, “The Georgia Supreme Court on Monday threw out a challenge to the state’s voter ID law, ruling that the plaintiff who brought the case did not have legal standing to do it. The court’s decision reverses a ruling last September by a Fulton County judge who found the law unconstitutional.”

And The Associated Press reports that “Ga. Court Tosses Voter ID Challenge.”

You can access today’s ruling of the Supreme Court of Georgia at this link.

Posted at 12:03 PM by Howard Bashman



“Judge says Genarlow Wilson should be released”: The Atlanta Journal-Constitution provides a news bulletin that begins, “A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served. The state is likely to appeal the ruling.”

And The Associated Press provides a report headlined “Judge: No 10-Year Sentence for Teen Sex.”

Posted at 11:58 AM by Howard Bashman



“Court to hear cocaine sentence case; issues five unanimous rulings”: Lyle Denniston has this post at “SCOTUSblog.”

The five argued cases in which the Court today issued decisions are:

1. Long Island Care at Home, Ltd. v. Coke, No. 06-593 (opinion here; oral argument transcript here);

2. Watson v. Philip Morris Cos., No. 05-1284 (opinion here; oral argument transcript here);

3. United States v. Atlantic Research Corp., No. 06-562 (opinion here; oral argument transcript here);

4. Fry v. Pliler, No. (opinion here; oral argument transcript here); and

5. Beck v. PACE Int’l Union, No. 05-1448 (opinion here; oral argument transcript here).

You can access today’s Order List at this link. The Court granted review in three cases and called for the views of the Solicitor General in one case.

Posted at 11:30 AM by Howard Bashman



Programming note: I’ll be off-line until 11 a.m. eastern time meeting with a potential new appellate client. For prompt coverage of today’s U.S. Supreme Court opinions and orders, please visit “SCOTUSblog.”

Posted at 9:55 AM by Howard Bashman



“IQ debate unsettled in death penalty cases; The Supreme Court ruled against executing the mentally retarded, but defining that group has proved difficult”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:22 AM by Howard Bashman



“A %$#@ slippery slope on raw talk? Some wonder how far broadcasters will go in the wake of a court ruling easing limits on ‘unscripted expletives.'” Jim Puzzanghera has this article today in The Los Angeles Times.

Posted at 8:19 AM by Howard Bashman



“Weeding out the innocents: Just because a vast majority of prisoners were rightly convicted doesn’t mean we shouldn’t look for those who weren’t.” Law Professor Samuel R. Gross has this op-ed today in The Los Angeles Times.

Posted at 8:17 AM by Howard Bashman



“Judge to rule today on Genarlow Wilson sentence”: The Atlanta Journal-Constitution provides a report that begins, “A Monroe County judge is expected to issue a ruling Monday on a request to free 21-year-old Genarlow Wilson, who is serving a 10-year prison sentence for a sexual encounter with an underage girl when he was 17. Wilson’s attorney appealed to a judge last week to free Wilson from prison and throw out his conviction for receiving consensual oral sex from a 15-year-old girl when he was 17.”

And today’s edition of The Los Angeles Times contains an article headlined “Sex landed teen in prison, and in limbo; A consensual encounter meant a 10-year sentence for Genarlow Wilson; The law has since changed, but that may not help him.”

Posted at 8:10 AM by Howard Bashman



“Suit to decide workplace ‘hate speech'”: The Washington Times today contains an article that begins, “The words ‘natural family,’ ‘marriage’ and ‘union of a man and a woman’ can be punished as ‘hate speech’ in government workplaces, according to a lawsuit that is being appealed to the U.S. Supreme Court.”

Posted at 8:03 AM by Howard Bashman



“Libby’s Supporters Who Wrote to Judge Learn That Letters Take on New Life on the Web”: The New York Times today contains an article that begins, “In what may be a sign of things to come, the lawyers for I. Lewis Libby Jr. last month invoked the rarely used courtroom tactic: the ‘bloggers can be mean’ defense.”

And The Washington Post reports today that “Dozen Top Legal Scholars Line Up for Libby Appeal.”

Posted at 7:48 AM by Howard Bashman



“Vietnamese, Americans Appeal Rulings on Use of Agent Orange”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A federal appeals court will soon hear oral arguments in lawsuits brought by citizens of Vietnam and American Vietnam War veterans who say their health has suffered from exposure to the defoliant Agent Orange.”

Posted at 6:42 AM by Howard Bashman



Sunday, June 10, 2007

“Southwick opposition steeped in hypocrisy”: Sid Salter has this op-ed today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 11:15 PM by Howard Bashman



“Reading the Constitution Right: Clarence Thomas’s fidelity to our founding documents is making its mark on the Supreme Court..” Law Professor Stephen B. Presser has this article in the Spring 2007 issue of City Journal.

Posted at 11:10 PM by Howard Bashman



“Charles Pickering Gets the Last Word: A maligned civil rights hero, the changing South, and the future of the courts.” City Journal has today posted online an essay by Harry Stein that begins, “Mention the name Charles Pickering to anyone but the most committed news junkie, and you’re apt to get a blank look or, at best, one of dim recognition. In the era of the 24-hour news cycle aimed at the ever-shortening attention span, the bitter Senate battles over the federal judiciary in which Pickering played so dramatic a part a few years back can seem like ancient history.”

Posted at 11:05 PM by Howard Bashman



“Inconvenient Truth”: In tomorrow’s issue of CQ Weekly, columnist Kenneth Jost will have an essay that begins, “As Justice Clarence Thomas recounted the case, Jeffrey Landrigan was an uncooperative murder defendant who gave his lawyer no help in finding evidence to spare him the death penalty.”

Posted at 9:44 PM by Howard Bashman