How Appealing



Tuesday, April 15, 2008

“Fieger unsuccessful in attempt for mistrial; Defense accuses prosecution of breaking gag order”: The Detroit Free Press provides this news update. Today’s print edition contains a related article headlined “Hunt for impartial jurors begins in Fieger’s trial.”

The Detroit News provides an update headlined “Judge says no to Fieger mistrial request.” Today’s print edition contains an article headlined “Juror pool expands in Fieger trial; District judge wants at least 40 prospective jurors to be called before seating panel of 16 by week’s end.”

And The Associated Press reports that “Fieger calls campaign finance case ‘a joke.’

Posted at 8:54 PM by Howard Bashman



“Bush nominates Michigan appellate judge to 6th Circuit”: The Associated Press provides a report that begins, “President Bush nominated a Michigan appellate judge and a federal prosecutor to the federal bench Tuesday in a deal with the state’s Democrats that will break a long impasse over judicial nominations. Bush nominated Michigan Court of Appeals Judge Helene White to serve on the 6th U.S. Circuit Court of Appeals and U.S. Attorney Stephen J. Murphy of Detroit to fill the vacancy on the U.S. District Court for Michigan’s Eastern District. As part of the compromise, the White House withdrew Murphy’s nomination to the 6th Circuit and nominated White for that post. Murphy was then nominated to the district court seat. White, Murphy and Raymond Kethledge, a Troy, Mich., lawyer who was previously nominated to fill another vacancy on the 6th Circuit, are expected to be considered by the Senate Judiciary Committee.”

And The Detroit News provides a news update headlined “U.S. Attorney in Detroit nominated to federal bench.”

The White House today issued this statement of “Nominations and Withdrawal Sent to the Senate.”

Posted at 8:33 PM by Howard Bashman



“Specter queries White House hopefuls on judges”: The Associated Press provides a report that begins, “Republican Sen. Arlen Specter has a suggested question for Wednesday’s Democratic presidential debate: Ask the candidates if they support faster confirmation of judicial nominations.”

Posted at 4:40 PM by Howard Bashman



Access online the transcripts of today’s U.S. Supreme Court oral arguments: You can access at this link the transcript of oral argument in Greenlaw v. United States, No. 07-330.

And you can access at this link the transcript of oral argument in Irizarry v. United States, No. 06-7517.

Posted at 4:10 PM by Howard Bashman



Third Circuit rejects high school football coach’s constitutional challenge to East Brunswick (N.J.) School District’s policy prohibiting faculty participation in student-initiated prayer: You can access today’s lengthy ruling at this link. Today’s decision overturns a federal district court’s ruling, which had found the policy to be unconstitutional.

Posted at 2:30 PM by Howard Bashman



D.C. Circuit affirms the dismissal of Jennifer Harbury’s common law tort claims against various U.S. Government officials alleged to be legally responsible for the physical abuse and death of her husband during Guatemala’s civil war: You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 11:45 AM by Howard Bashman



“Court rules on two tax cases”: Lyle Denniston has this post at “SCOTUSblog.”

The U.S. Supreme Court today issued a decision today in MeadWestvaco Corp. v. Illinois Dept. of Revenue, No. 06-1413. You can access the opinion at this link and the oral argument transcript at this link. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court, and Justice Clarence Thomas issued a concurring opinion.

And the Court today also issued a decision in United States v. Clintwood Elkhorn Mining Co., 07-308. You can access the opinion at this link and the oral argument transcript at this link. The Chief Justice delivered the opinion for a unanimous Court.

Posted at 10:15 AM by Howard Bashman



“Supreme Court to hear Los Angeles County district attorney immunity case; Justices will consider whether ex-D.A. John Van de Kamp can be sued over the conviction of Thomas L. Goldstein, who was freed after 24 years”: David G. Savage has this article today in The Los Angeles Times.

Posted at 9:00 AM by Howard Bashman



Plot to use obscure words to thwart wiretaps is foiled: Yesterday in The Providence (R.I.) Journal, Edward Fitzpatrick had an article headlined “Selya is named top judge on U.S. wiretap court” that begins, “A federal judge from Rhode Island, Bruce M. Selya, will soon be the top judge of a secretive federal court that hears appeals involving wiretaps of suspected spies and terrorists. Selya, a senior judge on the Boston-based 1st U.S. Circuit Court of Appeals, has been a member of the U.S. Foreign Intelligence Surveillance Court of Review since 2005. Now, Chief Justice of the United States John G. Roberts Jr. is making Selya the court’s presiding judge. The designation, which Roberts signed March 27, takes effect May 19.”

Posted at 8:52 AM by Howard Bashman



“Bible quotes don’t merit capital case’s review”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The U.S. Supreme Court on Monday rejected a convict’s last remaining challenge to his death sentence for the murder of a student librarian at the University of Southern California in 1978, one of the oldest cases on California’s Death Row.”

Posted at 8:50 AM by Howard Bashman



“The Verge of Expulsion, the Fringe of Justice”: Today’s installment of Adam Liptak’s “Sidebar” column begins, “Federal appeals are not usually a volume business. Even fancy Manhattan firms with hundreds of lawyers seldom have more than a handful of cases pending in the United States Court of Appeals for the Second Circuit, which is known for its august history, superior judicial craftsmanship and special expertise in commercial and securities case.”

Posted at 8:20 AM by Howard Bashman



“Court cuts MOVE damages; An appeals panel reduced to $150,000 the award to each of 24 homeowners who sued over rebuilding problems”: This article appears today in The Philadelphia Inquirer.

And today in The Legal Intelligencer, Shannon P. Duffy reports that “MOVE Fire Verdict Slashed Again; 3rd Circuit cuts amount to $3.6 million; no ruling yet on $2.4 million in due process awards.”

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

Posted at 7:55 AM by Howard Bashman