How Appealing



Monday, February 18, 2008

In commentary available online at FindLaw: Donna M. Byrne has an essay entitled “Disclosing the Potentially Dangerous Dyes that Make Gray Salmon Pink: The California Supreme Court Holds that Actions to Enforce the State’s Food Labeling Law Are Not Preempted by Federal Law.”

And John R. Steer and Mark H. Allenbaugh have an essay entitled “The State of Federal Cocaine Sentencing Policy: Will Congress Soon Finish What the U.S. Sentencing Commission Started?

Posted at 6:50 AM by Howard Bashman



Sunday, February 17, 2008

“Gov’t to insist at US high court Arelma account is ill-gotten”: Monday’s issue of The Sun Star of Manila contains an article that begins, “State lawyers will try to argue next month before the US Supreme Court (SC) that the US$35-million Arelma account held in the name of a dummy corporation allegedly owned by the late President Ferdinand Marcos is ill-gotten and actually belonged to the Philippine government.”

Posted at 10:30 PM by Howard Bashman



“Supreme Court to hear case about detaining rape victims; Justices will review an appeals court ruling that overturned a San Marcos man’s convictions”: The North County Times of Escondido, California today contains an article that begins, “The state Supreme Court has agreed to review a San Marcos rape case that could determine how the legal system treats sexual assault victims who live out of state and refuse to return to California to testify in court.”

Posted at 10:27 PM by Howard Bashman



“Mayor Kilpatrick takes case to Michigan Supreme Court; City says legal principle, not politics, is at stake”: Yesterday’s edition of The Detroit Free Press contained an article that begins, “Detroit Mayor Kwame Kilpatrick took his text message scandal to the Michigan Supreme Court on Friday, urging justices to strike down decisions from two lower courts to provide the public with secret documents he used to settle police whistle-blower lawsuits last year for $8.4 million. The city filed the appeal under seal, but city law director John E. Johnson Jr. said in a statement the city asked the high court to consider the same arguments that were rejected Wednesday by the Michigan Court of Appeals and on Feb. 5 by Wayne County Circuit Judge Robert Colombo Jr., in a Freedom of Information Act lawsuit filed by the Free Press.”

Posted at 10:20 PM by Howard Bashman



“Complicated sentencing laws blamed for long prison stays”: Today’s edition of The Los Angeles Times contains an article that begins, “The thousands of incorrect release dates for state prisoners result from a series of decisions by the California Supreme Court and two state appeals courts between May 2005 and January 2006.”

Posted at 8:00 PM by Howard Bashman



“New York ‘Crack Tax’ Proposal Is Derided; Many States Aid Enforcement With Levy on Illicit Drugs”: The Washington Post contains this article today.

Posted at 7:38 PM by Howard Bashman



“Justice Official Defends Rough CIA Interrogations; Severe, Lasting Pain Is Torture, He Says”: This article appears today in The Washington Post.

Posted at 7:24 PM by Howard Bashman



“Did politics trump law in case of polluting Canadian smelter?” McClatchy Newspapers provide this report on the Teck Cominco case.

Posted at 12:47 PM by Howard Bashman



“Court: Rider could sue stable despite waiver.” In Saturday’s edition of The San Francisco Chronicle, Bob Egelko had an article that begins, “A rider who fell from her horse and was injured on a trail in Marin County can sue the stable despite having signed a release that warned of the dangers of horseback riding, a state appeals court says.”

You can access Thursday’s ruling of California’s First District Court of Appeal at this link.

Posted at 8:57 AM by Howard Bashman



“Man linked to accused terrorist denied bail”: Yesterday in The San Francisco Chronicle, Bob Egelko had an article that begins, “A federal appeals court denied bail Friday to a San Jose man who is charged with sending money and supplies to his brother, a reputed terrorist leader in the Philippines.”

And yesterday in The San Jose Mercury News, Howard Mintz reported that “Court rejects bail for engineer accused in global terror plot.”

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

Posted at 8:50 AM by Howard Bashman



“Appeals court race is back on voter radar; Questions over recent case has judge on defense”: The Houston Chronicle today contains an article that begins, “The Texas Court of Criminal Appeals does not get much publicity, unless it is negative, and much of that revolves around controversy over the death penalty.”

Posted at 8:42 AM by Howard Bashman



“Judge: Victims aren’t legal experts.” Today in The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, “The judge who handled the Station fire criminal cases says crime victims and their families aren’t in the position to tell him what sentences he should impose because they are often focused on their loss and not on the criminal charges or pleas that dictate sentencing options.”

Posted at 8:37 AM by Howard Bashman



Saturday, February 16, 2008

“High Court Ruling Has Some Claws”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “Belligerent cats and their owners beware: The state Supreme Court has set new guidelines that could hold you to a higher standard of liability when cats attack people. Connecticut’s highest court has refused to adopt the more liberal ‘first bite’ rule, popular in Southern states in particular, which essentially holds pet owners accountable only after their pet has shown a propensity to bite people.”

You can access yesterday’s ruling of the Supreme Court of Connecticut at this link.

Posted at 5:00 PM by Howard Bashman



“Deal keeps Penry imprisoned for life; Inmate who had death sentence overturned three times apologizes”: The Houston Chronicle today contains an article that begins, “The long saga of convicted murderer Johnny Paul Penry, whose case helped push mental retardation into the national debate over capital punishment, ended Friday with a plea agreement to a life sentence. Penry, one of Texas’ best-known death row inmates, agreed to three life sentences and to a stipulation that he was not mentally retarded, in spite of what his lawyers have asserted for almost three decades. His death sentence had been overturned three times, most recently in 2005, because of problems in instructing the jury how to weigh the mitigating effect of his mental capacity.”

The Associated Press reports that “State won’t seek death penalty against killer Penry.”

And Reuters reports that “Guilty plea ends long death-penalty appeal saga.”

Posted at 4:54 PM by Howard Bashman



Friday, February 15, 2008

“Court delays deportation of unlucky immigrant”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court gave a second chance Thursday to an immigrant who was ordered deported after his car overheated on a Southern California freeway and he showed up two hours late for his asylum hearing.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:50 PM by Howard Bashman



“West Wing Aides Cited for Contempt; Refusal to Testify Prompts House Action”: This article appears today in The Washington Post.

The New York Times reports today that “House Votes to Issue Contempt Citations.”

And The Los Angeles Times reports that “House OKs contempt citations against Bush aides; The vote targets Chief of Staff Joshua Bolten and former Counsel Harriet Miers, who failed to answer subpoenas in the U.S. attorney firing case. Republicans stage a walkout.”

Posted at 11:44 PM by Howard Bashman



“House Defies Bush on Wiretaps; Expiring Law’s Fate Is at Issue”: This front page article appears today in The Washington Post. In addition, Mike McConnell has an op-ed entitled “A Key Gap In Fighting Terrorism: Private Firms Need Liability Protection.”

The New York Times reports today that “House Leaves Surveillance Law to Expire.”

The Christian Science Monitor reports that “House set to let warrantless eavesdropping law lapse; President lobbied hard Thursday for renewal of Protect America Act, which expires Feb. 16.”

And from National Public Radio, today’s broadcast of “Morning Edition” contained an audio segment entitled “Intel Chief: Telecom Immunity a Security Issue.” And this evening’s broadcast of “All Things Considered” contained an audio segment entitled “National Security Immunity Sought for Phone Firms.” RealPlayer is required to launch these audio segments.

Posted at 11:24 PM by Howard Bashman



“Court Rules Waiters Are Entitled to Fees Disguised as Tips”: The New York Times today contains an article that begins, “In a major victory for the state’s restaurant employees, New York’s highest court ruled on Thursday that restaurants must pay their wait staff any mandatory service fees that customers are led to believe are substitutes for tips.”

You can access yesterday’s ruling of the New York State Court of Appeals at this link.

Posted at 11:17 PM by Howard Bashman