How Appealing



Wednesday, September 17, 2008

“Detainees’ Day in Court: A Senate proposal on the legal process for Guantanamo Bay prisoners has some serious flaws.” The Washington Post contains this editorial today.

Posted at 9:28 AM by Howard Bashman



“Happy Constitution Day! The Chief Justice Discusses Our Nation’s Signature Document — and How It Affects You.” In the “KidsPost” section of today’s edition of The Washington Post, this interview appears. Read the interview to learn how Chief Justice John G. Roberts, Jr. answers the question “What do you think is the coolest part of the Constitution that people do not really know about?”

At the web site of the National Constitution Center, you can access this page devoted to “Constitution Day.”

Posted at 9:22 AM by Howard Bashman



“Father Was a Spy, Sons Conclude With Regret”: The New York Times today contains an article that begins, “They were the most famous orphans of the cold war, only 6 and 10 years old in 1953 when their parents were executed at Sing Sing for delivering atomic-bomb secrets to the Soviet Union.”

Posted at 9:02 AM by Howard Bashman



Happy birthday to Justice David H. Souter: According to the popular “Today in History” feature from The Associated Press, Justice Souter celebrates his 69th birthday today.

Posted at 8:55 AM by Howard Bashman



“Holding Mr. Rove in Contempt: Congress must not adjourn before voting to hold Karl Rove in contempt for defying a subpoena to testify about the United States attorneys scandal.” This editorial appears today in The New York Times.

Posted at 8:50 AM by Howard Bashman



“Legal experts slam Texas judge-prosecutor link”: The Associated Press provides a report that begins, “Legal experts are harshly criticizing a former judge and an ex-Texas prosecutor, saying their alleged sexual affair while handling cases together represents a black eye to the system.”

Posted at 8:45 AM by Howard Bashman



“A video captured the events in question, and I suggest it be published together with this opinion.” So wrote U.S. District Judge Beverly B. Martin, sitting by designation from the Northern District of Georgia, dissenting from a non-precedential ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last week.

Judge Martin began her dissent as follows: “I write to express my view that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant–who is sitting still beside a rural road and unwilling to move–simply to goad him into standing up.”

In my first post about this ruling last week, I wrote, “It appears that [Judge Martin’s] suggestion has not convinced the Eleventh Circuit to make the video available over its web site. Perhaps the lawyers for the plaintiff will post the video to YouTube.” According to the “Appellate Law & Practice” blog, “a number of blogs are buzzing about” the decision.

The reason for this new post is to note that late yesterday, the video clip of the tasering incident was in fact posted to YouTube. You can watch the video for yourself by clicking here.

Posted at 8:25 AM by Howard Bashman



“Appeal in Defamation Case Against N.Y. Mayor Bloomberg Argued Before 11th Circuit; Effort to restrict guns in New York City led to defamation case in Georgia”: law.com provides a report that begins, “One current presidential candidate and one would-be candidate had links to a gun case argued before the 11th U.S. Circuit Court of Appeals on Tuesday.”

And The Associated Press provides a report headlined “Libertarian candidate: Bloomberg defamed gun store.”

Posted at 7:55 AM by Howard Bashman



Tuesday, September 16, 2008

“Appeals court upholds Doctor John’s decision”: The Deseret News provides an update that begins, “A federal appeals court on Tuesday upheld an earlier decision that First Amendment rights were not violated by an ordinance requiring a sexually oriented business license for a Roy boutique.”

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

Posted at 11:55 PM by Howard Bashman



“Prosecutors say reputed Klansman is flight risk”: The Associated Press provides a report that begins, “A reputed Ku Klux Klansman recently acquitted in the abductions of two black teenagers slain in 1964 is a flight risk and should remain in prison while the government considers appealing the ruling, federal prosecutors argued Tuesday.”

Posted at 8:40 PM by Howard Bashman



“Justice Samuel A. Alito Jr. praises Constitution; Jurist speaks to 1,500 at Susquehanna”: This article appears today in the Daily Item of Sunbury, Pennsylvania.

Posted at 6:35 PM by Howard Bashman



Ninth Circuit rejects argument that a federal district court may require that notices of appeal be filed electronically in order to be timely: The U.S. District Court for the Eastern District of California received the appellant’s notice of appeal in the mail before the deadline for appeal had expired but rejected the notice because, among other reasons, that federal district court is an ECF jurisdiction requiring that notices of appeal be filed electronically. The appellant’s electronic notice of appeal, however, was not filed until after the deadline for a timely appeal.

In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit holds that the appeal was timely, because the appellant provided the notice of appeal (albeit on paper rather than electronically) for filing to the district court’s clerk before the deadline for appeal had expired.

Posted at 3:50 PM by Howard Bashman



“Although economic rights are at stake, we are not basing our decision today on our personal approach to economics, but on the Equal Protection Clause’s requirement that similarly situated persons must be treated equally.” So explains the majority on a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in an opinion issued today striking down as unconstitutional a California pest controller license exemption to the extent the exemption does “not include mice, rats, or pigeons.”

Update: Law Professor Orin Kerr criticizes the legal basis for this ruling in a post that you can access here at “The Volokh Conspiracy.”

Posted at 2:54 PM by Howard Bashman



“Attorney who won landmark Guantanamo case to work here; Retired naval lawyer setting up practice in Seattle”: The Seattle Post-Intelligencer today contains an article that begins, “The retired Navy lawyer who beat the president of the United States in a pivotal Supreme Court battle over trying alleged terrorists at Guantanamo Bay plans to open a criminal defense practice in Seattle.”

Posted at 9:25 AM by Howard Bashman



“Cable Programmers Air FCC Challenge in D.C. Circuit”: Mike Scarcella had this post late yesterday at “The BLT: The Blog of Legal Times.”

Posted at 9:20 AM by Howard Bashman



“Standing Up to Angler: A group of administration officials took on the vice president to defend the rule of law on surveillance.” The Washington Post contains this editorial today.

Posted at 9:10 AM by Howard Bashman



“No Longer in Sniper’s Shadow; Muhammad’s Ex-Wife Determined to Heal Her Children, Other Abuse Victims”: This article appears today in The Washington Post.

Posted at 9:07 AM by Howard Bashman



“Lawmakers Are Seeking Answers in Anthrax Case; FBI’s Mueller to Be Queried by House Panel About Evidence Against Researcher”: The Washington Post contains this article today.

And yesterday at “The BLT: The Blog of Legal Times,” Tony Mauro had a post titled “New Twist in Hatfill Case.”

Posted at 9:02 AM by Howard Bashman



“Scalia says judges need to interpret, not rewrite Constitution”: This article appears today in The Salt Lake Tribune.

And The Herald Journal of Logan, Utah today contains an article headlined “‘Supreme’ opinion” featuring a very large photograph of Justice Antonin Scalia at yesterday’s appearance.

Elsewhere, The Day of New London, Connecticut reported yesterday that “Scalia To Visit Mystic To Get Church Award; St. Edmundites honoring U.S. Supreme Court justice.”

Posted at 8:48 AM by Howard Bashman



“Partying by prosecutor kept out of Nichols trial”: The Atlanta Journal-Constitution today contains an article that begins, “A judge said Monday he believed a prosecutor partied with illegal drugs before trying Brian Nichols for rape, but spared her from having to testify about it during Nichols’ upcoming murder trial. Superior Court Judge James Bodiford ruled that questions about Gayle Abramson Csehy’s use of cocaine and Ecstasy are irrelevant to the murder case, in which testimony starts next Monday.”

Posted at 8:44 AM by Howard Bashman



“Judge Upholds Student’s Suspension for Fake MySpace Page”: Shannon P. Duffy of The Legal Intelligencer has an article that begins, “An eighth-grade student who was suspended for 10 days after she created a fake page on MySpace.com that depicted her principal as a pedophile and a sex addict has lost her civil rights suit now that a federal judge has ruled that the discipline was proper and didn’t violate her free speech rights.”

And The Pottsville (Pa.) Republican & Herald reported last Friday that “Court won’t block suspension.”

I have posted a copy of last week’s ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.

Posted at 8:28 AM by Howard Bashman



Monday, September 15, 2008

“Forest Grove asks U.S. Supreme Court to settle special education case”: This article appears today in The Oregonian. The newspaper has posted the petition for writ of certiorari at this link.

Posted at 9:10 PM by Howard Bashman



“Supreme opportunity: New England Law students get chance to study with Justice Antonin Scalia.” This article will appear Tuesday in The Boston Herald.

Posted at 8:54 PM by Howard Bashman