How Appealing



Tuesday, September 25, 2007

“4th Circuit’s 5-5 Split May Impact Hot-Button Cases; One closely watched case could set precedent on detention of ‘enemy combatants’ without a trial or the filing of charges”: law.com provides this report.

Posted at 11:05 PM by Howard Bashman



“Supreme Court to Examine Lethal Injection, Voter Identification; Justices grant 17 new cases, perhaps in response to concerns about shrinking docket”: law.com’s Tony Mauro provides this report.

Posted at 10:03 PM by Howard Bashman



“Review Doesn’t Halt Texas Executions”: The Associated Press provides a report that begins, “The nation’s busiest death penalty state executed another inmate Tuesday night, undeterred by a Supreme Court review of whether the lethal injection method most states use is cruel and unusual.”

Posted at 9:55 PM by Howard Bashman



“Levels of Deception”: In the current issue of CQ Weekly, columnist Kenneth Jost has this preview of Stoneridge Investment Partners v. Scientific-Atlanta, a case that will be argued before the U.S. Supreme Court on October 9, 2007.

Posted at 4:40 PM by Howard Bashman



“Justices to hear Kentucky lethal-injection case”: The Courier-Journal of Louisville provides this news update.

And The Associated Press provides a report headlined “Ky. Inmate Challenges Execution Method” that begins, “Ralph Baze admits he shot a sheriff and a deputy 15 years ago in eastern Kentucky. But he doesn’t want his death sentence carried out with the three-drug formula commonly used in lethal injections across the nation. Baze, 52, had been scheduled to be put to death Tuesday until the Kentucky Supreme Court issued a stay of execution earlier this month. Now the U.S. Supreme Court has decided to hear his appeal, agreeing to review the first direct challenge to the constitutionality of how 37 states conduct executions.”

Posted at 3:22 PM by Howard Bashman



“Mukasey Security Detail Filed Complaint”: The Associated Press provides a report that begins, “Emptying the trash, carrying groceries and toting golf clubs were among duties allegedly assigned to U.S. marshals protecting two federal judges in New York over the last decade – one of whom has been nominated to be the next U.S. attorney general. The valet-like chores were outlined in a complaint two years ago against Michael B. Mukasey, another judge and their wives by deputy marshals assigned to the judges’ security details.”

Posted at 3:15 PM by Howard Bashman



“Reopening a very old issue”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Not since March 17, 1879, has the Supreme Court faced a constitutional test over a method of carrying out the death penalty.”

Posted at 1:10 PM by Howard Bashman



“Lawyer requests $750,000; Gordon cites complexity of Jefferson desegregation case”: The Courier-Journal of Louisville, Kentucky today contains an article that begins, “The Louisville attorney who helped overturn Jefferson County Public Schools’ student-integration policy is asking a federal judge to order the district to pay him $750,000 in fees and bonuses.”

Posted at 1:05 PM by Howard Bashman



“Breaking News: Supreme Court Grants Cert in Indiana Voter Identification Case.” Rick Hasen has this post at his “Election Law” blog.

Posted at 10:26 AM by Howard Bashman



“Foreigners can’t sue police for violating their legal rights”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Foreigners who are arrested in the United States can’t sue police for failing to tell them of their right to contact their consulate, despite a treaty requiring such notification, a federal appeals court ruled Monday.”

My earlier coverage of Monday’s Ninth Circuit ruling appears at this link.

Posted at 8:10 AM by Howard Bashman



Monday, September 24, 2007

“Court Reinstates Terrorism Charges”: The Associated Press provides a report that begins, “A military appeals court sided with the Pentagon on Monday, overruling a judge who threw out terrorism charges against a Guantanamo Bay detainee.”

Tuesday’s edition of The New York Times will report that “Court Advances War Crime Trials.”

Carol Rosenberg of The Miami Herald provides a news update headlined “Panel reinstates captive’s war charges.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Military commissions’ powers broadened.”

Posted at 10:30 PM by Howard Bashman



“Federal court vacancies yet to be filled”: The Providence Journal today contains an article that begins, “U.S. Sen. Sheldon Whitehouse, a Democratic member of the Senate Judiciary Committee, last week said the time might have passed already for the White House to successfully nominate candidates for a vacancy on the U.S. District Court in Providence and for the vacant 1st U.S. Circuit Court of Appeals seat long held by a Rhode Islander.”

Posted at 8:50 PM by Howard Bashman



“Mukasey’s Role in Terror Detention Is Questioned”: Joseph Goldstein of The New York Sun provides a news update that begins, “Following the September 11, 2001 terrorist attacks, a judge who is now President Bush’s nominee for attorney general, Michael Mukasey, allowed prosecutors to keep a man behind bars for ten months without any criminal charges being filed against him.”

Posted at 8:47 PM by Howard Bashman



“A break for bloggers”: Today in The Philadelphia Daily News, Dan Gross has an item that reports, “The U.S. Court of Appeals Third Circuit has dismissed blueberry heir Anthony DiMeo III’s motion to reverse a lower court’s dismissal of the libel/defamation-of-character suit DiMeo filed against blogger Tucker Max.”

You can access last Wednesday’s non-precedential ruling of the U.S. Court of Appeals for the Third Circuit in DiMeo v. Max at this link.

Posted at 6:08 PM by Howard Bashman



“Judging Controversial Cases: A panel of judges, who ruled in controversial cases, talk about the pitfalls of presiding over high-profile cases, judicial independence and how their lives have changed since the rulings.” That was the title of this past Saturday’s broadcast of C-SPAN’s “America & the Courts” program. You can view the broadcast online by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required).

Posted at 4:10 PM by Howard Bashman



“Freud, the FCC & the doctrine of respondeat superior“: Online at the First Amendment Center, Ronald K.L. Collins has an essay that begins, “Justin Timberlake and Janet Jackson tarted it up for the 2004 Super Bowl halftime show. Compared to their ribald routine, the resulting legal show was Victorian. When the infamous bustier malfunction case came before the 3rd U.S. Circuit Court of Appeals recently, black robes and dark, pinstriped, buttoned-down, tailored suits were the order of the day.”

Ensuring that there would be no possibility of a “wardrobe malfunction,” C-SPAN allows you to “watch” the Third Circuit oral argument audiotape by clicking here (RealPlayer required).

Posted at 4:05 PM by Howard Bashman



“6 stories in service of justice; The Orlando federal-courthouse annex is called ‘spectacular’ in a dedication after years of disagreement”: This article appeared Saturday in The Orlando Sentinel.

According to the article, “The six-story courthouse annex was dedicated during an hourlong ceremony that featured 500 guests, a long procession of robed federal judges and speeches from several dignitaries, including U.S. Supreme Court Justice Clarence Thomas.” The article goes on to report that “Afterward, Thomas participated in several ribbon-cutting ceremonies with dignitaries and was mobbed like a rock star. He signed autographs, posed for pictures and chatted with the public.”

Posted at 3:58 PM by Howard Bashman