How Appealing

Friday, October 26, 2007

Three-judge Fifth Circuit panel denies stay to Mississippi death row inmate who is scheduled to be executed by lethal injection next Tuesday and who seeks to challenge that State’s protocol for lethal injection: You can access today’s ruling at this link.

Posted at 8:15 PM by Howard Bashman

And since they resided in Alabama, the wife couldn’t lawfully purchase a sex toy to ameliorate her sexless marriage: The Associated Press reports that “Ala. Appeals Court Ends Sexless Marriage.” According to the article, now that they are no longer married, the former husband and wife are planning to have lots of sex. In any event, it’s on occasions like these that one is glad Alabama state appellate court rulings are not readily and freely available over the internet.

In earlier, unrelated coverage, on February 22, 2006, I had a post titled “When will this Bad Marriage end?

Update: The blog “Alabama Appellate Watch” has posted the opinion at this link.

Posted at 6:00 PM by Howard Bashman

“Craig to Make Constitutional Argument”: The AP provides a report that begins, “Idaho Sen. Larry Craig will argue before an appeals court that Minnesota’s disorderly conduct law is unconstitutional as it applies to his conviction in a bathroom sex sting, according to a new court filing. This is the first time Craig’s attorneys have raised that issue. However, an earlier friend-of-the-court filing by the American Civil Liberties Union argued that Craig’s foot-tapping and hand gesture under a stall divider at the Minneapolis airport are protected by the First Amendment.”

Posted at 5:00 PM by Howard Bashman

“Court Allows Anti-Harass Training Suit”: The Associated Press provides a report that begins, “A high school student can pursue nominal damages from an eastern Kentucky school district over its required anti-harassment training, an appeals court ruled Friday.”

My earlier coverage of today’s Sixth Circuit ruling appears at this link.

Posted at 2:40 PM by Howard Bashman

Seventh Circuit dismisses for lack of standing Indiana Right to Life’s federal constitutional challenge to Indiana’s Code of Judicial Conduct, which prohibits candidates for judicial office from pledging or promising how they will rule on cases or issues likely to come before the court: Circuit Judge Terence T. Evans issued this interesting ruling today on behalf of a unanimous three-judge panel.

Posted at 12:15 PM by Howard Bashman

Sixth Circuit reinstates student’s claim alleging that his high school’s now-abandoned policy against making stigmatizing or insulting comments about the sexual orientation of other students unlawfully chilled his ability to express his religiously influenced beliefs about homosexuality: You can access today’s ruling from a divided three-judge Sixth Circuit panel at this link.

Circuit Judge Deborah L. Cook dissents, explaining that “The majority burdens a federal district judge with a full-blown trial to determine whether to award the plaintiff a single dollar if a policy no longer in effect was unconstitutional despite never being enforced against the plaintiff.”

Posted at 11:15 AM by Howard Bashman

BREAKING NEWS — “Supreme Court frees Genarlow Wilson”: The Atlanta Journal-Constitution provides a news update that begins, “The Georgia Supreme Court on Friday ordered the release of Genarlow Wilson, the Douglas County teenager who has been serving a controversial 10-year sentence for consensual oral sex. The court’s 4-3 decision upholds a Monroe County judge’s ruling that the sentence constituted cruel and unusual punishment under both the Georgia and U.S. constitutions. The majority opinion said the sentence appeared to be ‘grossly disproportionate’ to the teenager’s crime and noted that it was out of step with current law.”

And The Associated Press provides a report headlined “Ga Court: Release Man Jailed in Sex Case.”

You can access today’s ruling of the Supreme Court of Georgia at this link. The court also issued this news release summarizing the decision.

Posted at 10:30 AM by Howard Bashman

“CIA Paranoia and the Lady from Vermont: 9/11 hysteria, even surrounding 60-year-old documents about American spies.” The Village Voice contains an article that begins, “On October 9, Charlotte Dennett, a prim Vermont woman uneasily holding her handbag, stood up in federal court in Manhattan to try yet again to pry the 60-year-old secrets about her father’s death from the U.S. government.”

Update: A bit later this morning, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a non-precedential ruling dismissing Dennett’s appeal for having been filed too late.

Posted at 9:25 AM by Howard Bashman

“Court won’t rehear ex-Gov. Ryan’s appeal; The Illinois Republican is to begin a prison sentence for fraud and corruption; He’ll ask the Supreme Court to hear the case”: This article appears today in The Los Angeles Times.

The Chicago Tribune reports today that “Ryan down to last hope; Ex-governor looks to high court to overturn corruption verdict.”

And The Chicago Sun-Times contains an article headlined “From his house to…the big house? He was sentenced to prison more than 400 days ago. Now ex-Gov. George Ryan could finally report in about two weeks; But even after his appeal was denied Thursday, he might be able to avoid jail again — for a while.”

My earlier coverage of yesterday’s Seventh Circuit order denying rehearing en banc can be accessed here.

Posted at 9:10 AM by Howard Bashman

“Panel to See Papers on Agency’s Eavesdropping”: Today’s edition of The New York Times contains an article that begins, “The White House on Thursday offered to share secret documents on the National Security Agency’s domestic surveillance program with the Senate Judiciary Committee, a step toward possible compromise on eavesdropping legislation.”

Posted at 9:00 AM by Howard Bashman

“Panel to probe Nichols’ judge; House speaker forms committee; Delays, soaring expenses anger Richardson”: The Atlanta Journal-Constitution today contains an article that begins, “Angered by trial delays and spiraling costs, Georgia House Speaker Glenn Richardson (R-Hiram) set up a special committee Thursday to investigate whether the judge in the Brian Nichols murder case has abused his office and should be impeached.”

And The Los Angeles Times reports today that “Costly trial puts heat on Georgia judge; The escalating price tag of Brian Nichols’ public defense is causing lawmakers to look at how the capital case is being handled.”

Posted at 8:54 AM by Howard Bashman

“Detectives testify about ‘to-do’ list, suspect identification”: The Reno Gazette-Journal today contains an article that begins, “Family Court Judge Chuck Weller was laying in a trauma room with an oxygen mask on his face and blood on his chest when a Reno police detective leaned down and asked if he knew who might have shot him, the officer testified Thursday.”

Posted at 8:40 AM by Howard Bashman

“Funeral protest case opens; Member of anti-gay church denies father of soldier could see rally”: The Baltimore Sun on Wednesday contained an article that begins, “A member of a Kansas-based anti-gay church told a federal jury yesterday that America’s acceptance of homosexuality spurred her and fellow parishioners to picket a Westminster Marine’s funeral, one of the demonstrations by the group that have become so frequent that 22 states have enacted or proposed laws limiting the rights of protesters at memorial services.”

And The New York Times reports today that “Marine’s Father Sues Church for Cheering Son’s Death.”

Posted at 8:20 AM by Howard Bashman

“Princeton Faces Trial Over Use of Gift Now Worth $880 Million”: The New York Times today contains an article that begins, “In a legal battle watched nervously by universities around the country, a New Jersey judge yesterday sent to trial a dispute between Princeton University and the heirs of a supermarket fortune and left open the possibility that Princeton could lose a donation that is now worth $880 million. In a set of rulings, the judge, Neil H. Shuster of Superior Court, established the ground rules for one of the largest lawsuits ever filed exploring how closely colleges must adhere to the original intent of donors.”

The Newark Star-Ledger reports today that “Trial nears on family’s Princeton donation; Suit alarms nonprofits.”

And The New York Sun reports that “Battle Over Use of Donor Gift Could Cost Princeton $1.5 Billion.”

Posted at 7:58 AM by Howard Bashman

“Trials & Tribulations: A quick glimpse at court decision.” The Times Herald-Record of Middletown, New York today contains an article that begins, “A local lawyer and blogger Steve Bergstein played a major role in revealing information that someone wanted to keep secret, although they can’t say why.”

Posted at 7:50 AM by Howard Bashman

“The U.S. Court of Appeals for the Ninth Circuit’s En Banc Rehearing in the Navajo Nation Case: Striking the Difficult Balance Between Religious Liberty and Law.” Vikram David Amar has this essay today at FindLaw.

Posted at 7:44 AM by Howard Bashman