How Appealing



Friday, March 21, 2008

“Equal justice: A Supreme Court decision shows why all peremptory challenges to jurors should be abolished.” This editorial appears today in The Los Angeles Times.

Writing at Slate’s “Convictions” blog, U.S. District Judge Nancy Gertner (D. Mass.) disagrees.

Posted at 11:20 PM by Howard Bashman



“Trigger happy on gun rights: The high court must balance its leaning toward a gun ownership right with society’s interest in safety.” This editorial appears today in The Christian Science Monitor.

And Saturday’s edition of The Wall Street Journal will contain an editorial entitled “Guns and Legal Ammo.”

Posted at 10:02 PM by Howard Bashman



“Barry Bonds’ Case Delayed 3 Months”: The Associated Press provides a report that begins, “The perjury case against Barry Bonds was put on hold for three months Friday, with prosecutors telling a federal judge they plan to obtain a new indictment against baseball’s home run king.”

Posted at 3:57 PM by Howard Bashman



“Federal Courts Urged to Protect Cooperating Defendants”: The Administrative Office of the U.S. Courts has today posted online a news release that begins, “A committee of the policy-making Judicial Conference of the United States is asking district courts to consider adopting a local policy that protects information about cooperation in law enforcement investigations. But the committee is also urging those courts to recognize the need to preserve legitimate public access to court files.”

Posted at 3:25 PM by Howard Bashman



“There Will Be Guns: What happens if the Supreme Court recognizes individual gun rights? Not much.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 2:28 PM by Howard Bashman



Ninth Circuit affirms dismissal of Idaho county’s racketeering lawsuit against agricultural companies accused of hiring illegal immigrants: According to today’s ruling, in the lawsuit the county sought to recoup the money it claims to have expended on public health care and law enforcement services for undocumented immigrants.

In earlier news coverage, The Idaho Statesman in August 2007 reported on the Ninth Circuit’s oral argument in an article headlined “Court hears appeal in Canyon RICO lawsuit.” And The Associated Press reported on the initiation of the suit in July 2005 in an article headlined “County Files RICO Suit Over Hiring of Illegal Immigrants.”

Posted at 2:17 PM by Howard Bashman



“Nacchio prosecutors want more time to decide next step”: Denver Business Journal provides a report that begins, “Prosecutors seeking to reverse the successful appeal of ex-Qwest Communications International Inc. CEO Joseph Nacchio have asked the appeals court to give them until April 30 to ask for a rehearing.”

Posted at 12:00 PM by Howard Bashman



Second Circuit confirms existence of “ministerial exception” to federal anti-discrimination laws, holding that it would be unconstitutional to apply Title VII in African-American Catholic priest’s lawsuit alleging racially discriminatory firing: You can access today’s ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Law blogger Norm Pattis represented the priest on appeal.

Posted at 10:54 AM by Howard Bashman



“Judge’s service means trial’s end; State can’t prosecute assault accusation”: The Concord (N.H.) Monitor today contains an article that begins, “The state has lost its chance to prosecute a lawyer from Londonderry charged with assaulting a juvenile with a leather belt because before the trial ended, the judge left the bench for a tour of duty in Iraq. In a unanimous opinion issued yesterday, the state Supreme Court ruled that, narrow exceptions aside, Ernest Solomon had a constitutional right to have one judge hear his criminal case from start to finish.”

And The Associated Press reports that “Judge Departs for Iraq, Charges Dropped.”

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

Posted at 10:47 AM by Howard Bashman



“Former Khalil principal can’t force city to restore her job: appeals court.” The New York Daily News today contains an article that begins, “The controversial former principal of a Brooklyn Arabic-language school cannot force the city to restore her to her position, a federal appeals court has ruled. Debbie Almontaser was pushed out of the school she founded, the Khalil Gibran International Academy, after defining the word ‘intifada’ as ‘uprising’ in a newspaper interview. The 2nd U.S. Circuit Court of Appeals yesterday upheld a lower court ruling that her comments were not protected by the First Amendment because she was speaking in her capacity as a school employee at the time. The court rejected her motion to stop the appointment of a new principal at the Boerum Hill school.”

The New York Post reports today that “Arab principal loses appeal.”

And The Associated Press reports that “Court Rejects Arabic School Principal’s Claim.”

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 10:42 AM by Howard Bashman



“Savoring his contribution: Law student assists in overturning sentence.” Today’s edition of The Concord (N.H.) Monitor contains an article that begins, “A 26-year-old Franklin Pierce Law Center student helped rescue a Louisiana man from death row this week. He aided lawyers in the case to convince the U.S. Supreme Court that the trial of Allen Snyder, a black man accused of killing his wife’s lover, was tainted because a state prosecutor kept blacks off the jury.”

Posted at 10:35 AM by Howard Bashman



Eleventh Circuit rejects Tampa political consultant’s contention that his constitutional rights were violated when the Democratic National Committee stripped Florida of its delegates: You can access today’s ruling in DiMaio v. Democratic National Committee at this link.

The appeal was argued on Monday, and The Atlanta Journal Constitution reported on the oral argument in its Tuesday edition in an article headlined “Florida voter lawsuit gets hearing in Atlanta; State leaders abandon plans to redo primary.”

Today’s decision affirms a federal district court’s ruling that this lawsuit is nonjusticiable because the plaintiff lacks standing.

Posted at 9:55 AM by Howard Bashman