How Appealing



Thursday, June 28, 2007

This morning’s end-of-Term U.S. Supreme Court rulings in argued cases: According to “SCOTUSblog,” “Kennedy is announcing Leegin Creative,” the antitrust case. So much for predictions that Justice John Paul Stevens would have the majority opinion in that case. In reporting on that decision, Lyle Denniston has a post titled “Court overrules Dr. Miles.” The vote in the case was 5-4. In early news coverage, The Associated Press reports that “Court Abandons Competition Rule.” The article begins, “The Supreme Court on Thursday abandoned a 96-year-old ban on manufacturers and retailers setting price floors for products.” You can access today’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, at this link.

In today’s death penalty case, “SCOTUSblog” reports that “Kennedy is delivering the Court’s opinion in Panetti. 5-4, Kennedy plus the liberals.” According to Denniston’s write-up, “the Court ruled that the Fifth Circuit Court had used too restrictive a standard of mental competency in upholding a death sentence for a man whose delusions are said to keep him from fully understanding why he would be executed.” In early news coverage, The Associated Press reports that “Execution of Mentally Ill Killer Blocked.” You can access today’s decision in Panetti v. Quarterman, No. 06-6407, at this link.

And finally, “SCOTUSblog” reports that “Chief announces schools cases. Decided jointly. Plans reversed. 5-4, Kennedy concurs in judgment.” Denniston’s post on the decision is titled “Court strikes down school integration plans.” Therein, he writes that “Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. Justice Anthony M. Kennedy did not join all of the majority opinion, but joined in the result.” In early news coverage, The Associated Press reports that “Supreme Court Rejects School Race Plans.” You can access the decision in Parents Involved in Community Schools v. Seattle School District, No. 05-908, decided together with Meredith v. Jefferson County Bd. of Ed., No. 05-915, at this link.

Posted at 10:05 AM by Howard Bashman



“Bare Facts: Is an appearance in ‘Happy Naked Girls’ properly considered by a bar admissions committee? Is an online death threat?” Steven Lubet will have this essay in the July 2007 issue of The American Lawyer.

Posted at 9:58 AM by Howard Bashman



Today’s U.S. Supreme Court opinions in argued cases: Before today, the Court has issued decisions in all but four of the cases argued this Term. Those four remaining cases are:

1. Meredith v. Jefferson County Bd. of Ed., No. 05-915 (argued December 4, 2006). You can access the oral argument transcript here.

2. Parents Involved in Community Schools v. Seattle School District, No. 05-908 (argued December 4, 2006). You can access the oral argument transcript here.

My posts collecting extensive press coverage of those two oral arguments can be accessed here and here. Linda Greenhouse’s article in the December 5, 2006 issue of The New York Times was headlined “Court Reviews Race as Factor in School Plans,” and the article begins, “By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional.”

3. Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480 (argued March 26, 2007). You can access the oral argument transcript in this antitrust case at this link.

4. Panetti v. Quarterman, No. 06-6407 (argued April 18, 2007). You can access the oral argument in this death penalty case at this link. My posts collecting press coverage of this oral argument can be accessed here. The Austin American Statesman’s article of April 19, 2007 was headlined “Supreme Court hears Texas death penalty case; Justices to decide whether inmate is too mentally ill to execute.”

Stay tuned for ongoing coverage of these rulings.

Posted at 9:55 AM by Howard Bashman



“Alberto Gonzales affirms intent to find prosecutor’s killer”: The Seattle Times today contains an article that begins, “U.S. Attorney General Alberto Gonzales met privately Wednesday with the family of slain assistant U.S. Attorney Thomas Wales and said the Justice Department will ‘work as long and hard as it takes to solve this crime and prosecute those responsible.'”

And The Seattle Post-Intelligencer reports today that “Gonzales stays on point, mum on heated issues; McKay’s firing not brought up in talks.”

Posted at 9:00 AM by Howard Bashman



“N.Y. Appeals Court Hears Death Case”: The New York Sun today contains an article that begins, “The federal appellate court in Manhattan heard its first death-penalty appeal in more than 40 years yesterday. The three-judge panel sharply questioned the government about its strategy during the trial of Donald Fell, who was sentenced to death in Vermont in 2002.”

The Rutland Herald today contains an article headlined “Expert: Fell’s best chance is now; Death verdicts seldom overturned after one appeal.”

And The Associated Press reports that “Fell’s lawyers press appeal.”

Posted at 7:44 AM by Howard Bashman



Wednesday, June 27, 2007

“Appeals Panel ‘Reluctantly’ Tosses Child Porn Case”: law.com provides a report that begins, “Judges of the Georgia Court of Appeals last week said they must ‘reluctantly’ issue an opinion that may make it more difficult for the state to prosecute people who look at child pornography. A three-judge panel on June 21 reversed the conviction of a North Georgia man on 106 counts of sexual exploitation of children because, the judges found, prosecutors didn’t prove that the man knew he had pornographic images stored in his computer hard drive.”

Relatedly, the December 4, 2006 installment of my “On Appeal” column for law.com was headlined “Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?

Posted at 11:27 PM by Howard Bashman



“NY Court: DWI Laws Don’t Cover ‘Huffing.'” The Associated Press provides a report that begins, “A motorist accused of ‘huffing’ stimulants from an aerosol can before getting into a deadly wreck cannot be charged with driving while intoxicated, New York’s highest court ruled Wednesday.”

You can access today’s ruling of the New York State Court of Appeals — that State’s highest court — at this link.

Posted at 8:12 PM by Howard Bashman



“Court’s Ruling Won’t Limit Christian Hate Speech: The Christian Right is concerned that yesterday’s Supreme Court decision on student speech will restrict high-schoolers’ ability to spread anti-gay messages; But they’ve got nothing to worry about.” Sarah Posner has this essay online at The American Prospect.

Posted at 4:11 PM by Howard Bashman



“Bong Hits and Ad Runs: Two Supreme Court cases show the perils of making excuses for censorship.” Jacob Sullum has this essay online today at Reason.

Posted at 3:50 PM by Howard Bashman



“Case Study: Roberts to Review Supreme Court Term.” Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.

Posted at 2:20 PM by Howard Bashman



Don’t put off till tomorrow what you can do today: Lyle Denniston has this post at “SCOTUSblog” today describing what will happen when the U.S. Supreme Court holds what is expected to be the Court’s final session for this Term. It would appear that Lyle doesn’t expect any retirements to be announced from the bench tomorrow.

Posted at 2:07 PM by Howard Bashman



“Judge: No bond for Genarlow Wilson; Hearing canceled; ruling could keep him in jail for months.” The Atlanta Journal-Constitution provides a news update that begins, “A Douglas County judge ruled Wednesday Genarlow Wilson is not eligible for bond in his child molestation case, a development that could keep Wilson behind bars for at least several more months pending an appeal in his case. Superior Court Judge David Emerson issued an order canceling a July 5 bond hearing for Wilson. He cited a state law that prohibits appeal bonds for people convicted of Wilson’s crime — aggravated child molestation — and who have been sentenced to five years or more in prison. Wilson is now serving a 10-year prison sentence.”

And The Associated Press provides a report headlined “Judge: No Appeal Bail in Teen Sex Case.”

Posted at 12:28 PM by Howard Bashman



“DeLay Wins Round in Texas Court”: The Associated Press provides a report that begins, “The Texas Court of Criminal Appeals refused Wednesday to reinstate a dropped conspiracy charge against former House Majority Leader Tom DeLay.”

And The Houston Chronicle provides a news update headlined “Court refuses to reinstate charges against DeLay.”

Today’s 5-4 ruling of the Texas Court of Criminal Appeals — that State’s highest court in criminal cases — consists of a majority opinion; two concurring opinions (here and here); and a dissenting opinion. You can access other documents filed in the case via this link.

Posted at 12:05 PM by Howard Bashman



There’s more than one way to declaw a cat: The “Background” section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today begins, “Young is the inventor of the ‘579 patent, directed to a surgical method for removing a claw from a domesticated cat.”

And while some judicial opinions may discuss the so-called “cat’s paw” theory, this Federal Circuit opinion actually contains images of a cat’s paw and associated claw. If you wish to learn about this particular method of declawing a cat, or simply to find out whether the term “near” is indefinite in the context of this patent, be sure to visit today’s decision. I do not believe that the decision takes any position in the debate over whether cat declawing is cruel.

Posted at 11:58 AM by Howard Bashman



“Closing Guantanamo: It’s inevitable; better that Mr. Bush do it, while fixing the flawed legal system behind it.” The Washington Post contains this editorial today.

Posted at 8:47 AM by Howard Bashman



“Ruling Could Spur More Ads; Decision on Campaign Finance May Mean Influx of ‘Soft Money'”: This article appears today in The Washington Post.

Posted at 8:45 AM by Howard Bashman



“Time’s Pearlstine Looks Back at Plamegate, Blames Floyd Abrams”: Bloomberg News columnist Margaret Carlson has this essay today.

Posted at 8:35 AM by Howard Bashman



“‘Bong’ decision a wise one: The school principal and the high court did the right thing; Every day, children die from illegal drugs – an issue far beyond free speech.” Claude Lewis has this op-ed today in The Philadelphia Inquirer.

Posted at 7:50 AM by Howard Bashman



“Bong hits 4 political boys but not lowly school boys”: Today in The Houston Chronicle, columnist Cragg Hines has this op-ed.

Posted at 7:35 AM by Howard Bashman