How Appealing



Tuesday, May 6, 2008

“Ga. court denies execution stay to Lynd”: The Associated Press provides a report that begins, “The Georgia Supreme Court on Tuesday denied William Earl Lynd’s request for a stay of execution, paving the way for him to become the first inmate in the nation to face execution since the U.S. Supreme Court ruled that lethal injection is constitutional. Lynd is scheduled to die at 7 p.m. He was convicted of kidnapping and killing his live-in girlfriend, 26-year-old Ginger Moore, shooting her three times in the face and head nearly 20 years ago.”

And The Atlanta Journal-Constitution provides a news update headlined “High court rejects appeal of man on death row; William Earl Lynd is scheduled to be executed Tuesday at 7 p.m.”

Posted at 2:35 PM by Howard Bashman



“Man convicted in sex assault should be freed or retried, court rules; A federal appeals panel finds that a prosecution expert overstated the strength of DNA evidence; The man is serving a life sentence”: The Los Angeles Times today contains an article that begins, “A Nevada man sentenced to life in prison for sexually assaulting a young girl should be freed or given a new trial because a prosecution expert exaggerated the strength of the DNA evidence against him, the U.S. 9th Circuit Court of Appeals ruled Monday. The ruling is thought to be one of the first of its kind in the country, experts said.”

And The Reno Gazette-Journal reports today that “Appeals court tosses rape conviction, criticizes scientist’s DNA testimony.”

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

Posted at 11:00 AM by Howard Bashman



“Quiet Va. Wife Ended Interracial Marriage Ban”: This obituary appears today on the front page of The Washington Post. In addition, Neely Tucker has written an “appreciation” headlined “Mildred Loving Followed Her Heart and Made History.”

Today’s edition of The New York Times contains an obituary headlined “Mildred Loving, Who Fought Marriage Ban, Dies.”

The Richmond Times-Dispatch contains an obituary headlined “Wife in interracial marriage case dies; Mildred Loving, 68, helped abolish last piece of segregation.”

And yesterday, The Free Lance-Star of Fredericksburg, Virginia published an obituary headlined “‘Heroine’ Mildred Loving dies at 68.”

You can access the U.S. Supreme Court‘s ruling from June 12, 1967 in Loving v. Virginia via this link. And you can listen to the oral argument of the case by clicking here.

Posted at 10:50 AM by Howard Bashman



“McCain castigates Obama for voting against chief justice”: The Associated Press provides a report that begins, “Republican John McCain castigated Democrat Barack Obama for voting against John Roberts as Supreme Court chief justice in a speech about the kind of judges McCain would nominate.”

Posted today at the John McCain for President web site is a news release headlined “John McCain’s Vision For The Federal Judiciary.”

Posted at 10:27 AM by Howard Bashman



Sixth Circuit panel affirms the dismissal of attorney Geoffrey N. Fieger’s vindictive prosecution action against Michigan Attorney General Michael Cox: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Coincidentally, Fieger is currently on trial in federal court on criminal charges of having made illegal monetary contributions to John Edwards’ 2004 presidential campaign. In news coverage of that trial, The Detroit Free Press reports today that “Lawyer at Fieger’s firm tells of FBI visit.”

The Detroit News reports today that “Lawyer testifies of Fieger prep talk.”

And last Saturday, The Detroit Free Press contained an article headlined “Lawyer for Fieger isn’t taking static; Grumpy old man persona brings bit of humor to court” reporting on attorney Gerry Spence’s defense of Fieger in the federal prosecution.

Posted at 10:20 AM by Howard Bashman



“Justice O’Connor brings experience, wisdom to Boston; Invited to sit in during cases at US courthouse”: This article appears today in The Boston Globe.

Today in The Providence Journal, Edward Fitzpatrick reports that “O’Connor hears R.I. land dispute.”

On Monday, The Arizona Republic reported that “Justice’s adobe home slated for preservation.”

And Saturday’s issue of The Minneapolis Star Tribune contained an article headlined “Ex-justice urges judges not to take the money if they run; Sandra Day O’Connor stresses the importance of a judiciary not shaped by donors with deep pockets.”

Posted at 8:50 AM by Howard Bashman



“Justice Ginsburg visits Anchorage; Supreme Court jurist speaks at lawyers’ convention”: The Associated Press provides this report.

Posted at 8:45 AM by Howard Bashman



“About that word ‘abridging’ in the First Amendment …” Ronald K.L. Collins has this essay online at the First Amendment Center.

Posted at 8:44 AM by Howard Bashman



“Turner v. Safley: high drama, enduring precedent.” David L. Hudson Jr. has this essay online at the First Amendment Center.

Posted at 8:40 AM by Howard Bashman



“A New York Appeals Court Allows Victims of the 1993 World Trade Center Bombing to Recover Massive Damages from the Port Authority: Should The Bombers’ Culpability Have Lessened the Damages Award?” Anthony J. Sebok has this essay online today at FindLaw.

Posted at 8:30 AM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined “Judge Pay Hike May Be Running Out of Steam; Bill to raise salaries hitting snags in the Senate” and “David E. Kelley’s ‘Boston Legal’ Takes On the Roberts Court.”

In other news, “Morgan Lewis Adds Texas Solicitor General.”

An article reports that “Online Pretrial Publicity Draws Fire; Lawyers posting detailed descriptions of ongoing cases may fuel bias, taint jury pool.”

And in news from Pennsylvania, “Having Sex With Your Entree? Not So Fast, Says Court; Commonwealth Court of Pennsylvania rules against Club Kama Sutra in dispute with city of Philadelphia.” You can access last Friday’s ruling of the Commonwealth Court of Pennsylvania at this link.

Posted at 8:28 AM by Howard Bashman



“Central Texas man on death row maintains innocence as many believe his trial was unfair”: Today’s edition of The Dallas Morning News contains an article that begins, “Jurors sentenced Rodney Reed to death after DNA evidence showed he’d had sex with 19-year-old Stacy Stites, found strangled in the brush off a remote country road. But a decade since Mr. Reed, who is black, first proclaimed his innocence, the case that rocked the small Central Texas town of Bastrop remains on appeal — amplified by an online movement to free Mr. Reed and continued scrutiny of Texas’ use of the death penalty in racially charged cases.”

Posted at 8:20 AM by Howard Bashman



“Lethal injection still set tonight; Clemency denied, but lawyers for killer of girlfriend hope the state Supreme Court will grant a stay today”: Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, “Condemned killer William Earl Lynd was denied clemency Monday, setting him on course to be executed by lethal injection tonight. Unless granted a stay, Lynd will be the first inmate executed nationwide since September when the U.S. Supreme Court decided to hear a challenge to lethal injection procedures. Last month, the court upheld the constitutionality of lethal injection, ending a de facto moratorium on executions.”

Posted at 8:14 AM by Howard Bashman



“Strip clubs ask Texas high court to stop fee collection”: The Houston Chronicle today contains an article that begins, “An association representing strip clubs asked the Texas Supreme Court on Monday to stop the state from collecting a new fee that a trial court has ruled unconstitutional.”

Posted at 8:10 AM by Howard Bashman



Monday, May 5, 2008

“Why We Need a Shield Law”: In today’s edition of The Washington Post, U.S. Senator Arlen Specter (R-Pa.) has an op-ed that begins, “Attorney General Michael Mukasey is wrong when he says we do not need a federal media shield law.”

Posted at 9:00 AM by Howard Bashman



Available online from law.com: An article reports that “11th Circuit OKs Suit Based on Sexual Language in Office; Panel allows suit for language derogatory to women — but not aimed at the plaintiff — to go forward.” You can access last Monday’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

And in other news, “Grand Jury Indicts Texas Supreme Court Justice’s Wife on Felony Counts of Arson.” My most recent earlier coverage appears at this link.

Posted at 8:20 AM by Howard Bashman



“Texas Supreme Court overturns Mansfield couple’s award against homebuilder”: Saturday’s edition of The Dallas Morning News contained an article that begins, “The Texas Supreme Court ruled Friday in favor of Houston homebuilder Bob Perry, the state’s most prolific campaign contributor, in a case homeowner advocates say reflects the influence of big money over elected judges.”

The Houston Chronicle reported on Saturday that “Court tosses award against Perry Homes; $800,000 given in arbitration case to house owners voided in 5-4 ruling.”

And The Associated Press reports that “Texas Supreme Court ruling sides with prolific donor.”

Friday’s ruling of the Supreme Court of Texas consisted of the opinion of the court; a concurring opinion; and two opinions concurring in part and dissenting in part (here and here).

Posted at 8:10 AM by Howard Bashman



Sunday, May 4, 2008

“When Law Prevents Righting a Wrong”: Adam Liptak has this article in the Week in Review section of today’s issue of The New York Times.

Posted at 11:38 PM by Howard Bashman



“Bomb explodes at federal courthouse in San Diego; The early-morning blast shatters glass and damages lobby, but no one is injured”: The Los Angeles Times provides this news update.

And The San Diego Union-Tribune provides a news update headlined “Bomber targets San Diego courthouse.” According to the article, “The FBI announced Sunday afternoon that the courthouse, on Front Street near Broadway, would be closed Monday.”

Posted at 10:35 PM by Howard Bashman



Saturday, May 3, 2008

“Court reinstates death sentence”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court reinstated the death sentence of a self-described professional robber Friday for fatally stabbing two men during the burglary of a Los Angeles-area drug dealer’s home in 1982.”

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

Posted at 8:40 PM by Howard Bashman



“Zion mans hopes judge will let him change his name to ‘In God We Trust'”: The Daily Herald of Arlington Heights, Illinois contains this article today.

Posted at 7:50 PM by Howard Bashman