How Appealing

Friday, October 24, 2008

“Screen set up at trial nixes assault conviction”: The Associated Press provides a report that begins, “A sexual assault conviction was overturned by the Nebraska Supreme Court because of a screen that had been set up in the trial courtroom to prevent the defendant’s 11-year-old accuser from having to see him when she testified.”

And The Omaha World-Herald provides a news update headlined “Nebraska high court reverses sexual-assault conviction.”

You can access today’s ruling of the Supreme Court of Nebraska at this link.

Posted at 11:30 PM by Howard Bashman

“Judicial Pay Raise Reargument Focuses on Plaintiffs’ Standing”: provides a report that begins, “Plaintiffs’ standing was a central issue Wednesday in the reargument in the 3rd Circuit of a suit challenging the process by which the controversial 2005 pay raise for Pennsylvania judges and lawmakers was passed.”

Posted at 11:23 PM by Howard Bashman

“Joyce’s mother dies; trial delayed”: The Erie (Pa.) Times-News provides an update that begins, “The mother of former state Superior Court Judge Michael T. Joyce died earlier today, leading to a delay in Joyce’s federal trial. The trial will not resume on Monday, as had been scheduled, according to the chambers of Senior U.S. District Court Judge Maurice B. Cohill Jr.”

Posted at 10:50 PM by Howard Bashman

“Out-Of-State Judges May Fill Void Nottingham Left”: provides a report that begins, “The U.S. District Court for Colorado is considering asking for help from out-of-state federal judges as a result of the resignation of Chief Judge Edward Nottingham. The court administrator said Thursday the 200 active cases Nottingham had on his docket could be delayed as the result of his resignation. The court was short of judges before Nottingham’s resignation and his stepping down seemingly makes it more likely that cases will be delayed even more.”

Posted at 10:45 PM by Howard Bashman

“Reagan Appointee and (Recent) McCain Adviser Charles Fried Supports Obama”: Cass. R. Sunstein has this post today at The New Republic’s blog “The Plank.”

Posted at 4:40 PM by Howard Bashman

In the November 2008 issue of ABA Journal magazine: Terry Carter will have a lengthy article headlined “The Pre-emption Prescription: The FDA is claiming total responsibility for drug and medical device safety; Some think it’s a bad idea.”

David G. Savage will have an article headlined “Taking Trials to Court.”

John Gibeaut will have an article headlined “Fines, Fox, FCC … and other F-Words: 30 years after ‘7 Words,’ the court hears fleeting expletives.”

And an interview with Jeffrey Toobin is headlined “The Next Confirmation Battle.”

Posted at 4:35 PM by Howard Bashman

“Florida Supreme Court rejects ‘false light’ lawsuit”: The St. Petersburg Times today contains an article that begins, “In a victory for Florida newspapers and freedom of speech, the Florida Supreme Court on Thursday rejected a lawsuit that penalized a newspaper for publishing a story that was true.” The newspaper also contains an editorial entitled “Free speech gets room to breathe.”

The Pensacola News Journal reports today that “Supreme Court rejects ‘false light’ lawsuit; 1998 story at crux of $18 million case.” The newspaper also contains an editorial entitled “A win for the truth.” reports that “Fla. Supreme Court Rejects False Light as a Legal Cause of Action.”

And The Tallahassee Democrat contains an editorial entitled “Free-press victory: Court is correct in rejecting ‘false light.’

As I first reported in this post from yesterday, the cases in which the Supreme Court of Florida yesterday issued decisions on this subject are Anderson v. Gannett Co. and Jews for Jesus, Inc. v. Rapp.

Posted at 8:05 AM by Howard Bashman

“Lawyer goes easy on former fiancee of ex-judge on trial”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “After spending considerable time and enthusiasm in their opening statement blaming the entire criminal case of former Superior Court Judge Michael T. Joyce on his ex-fiancee, defense attorneys did not take nearly as aggressive an approach during the woman’s cross-examination yesterday.”

Today in The Pittsburgh Tribune-Review, Jason Cato reports that “Ex-fiancee claims defendant not hurt.”

And The Erie (Pa.) Times-News reports that “Joyce’s exes take stand; Former fiancee, wife testify about activities after accident.”

Posted at 7:54 AM by Howard Bashman

“Court says customs agents may read letters”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Customs agents who open packages at airports searching for contraband can look at any letters they come across for obvious signs of criminality – for example, an adult’s sexually suggestive note to a young girl, a federal appeals court ruled Thursday.”

My earlier coverage of yesterday’s en banc Ninth Circuit ruling appears at this link.

Posted at 7:48 AM by Howard Bashman

“Coin toss could decide who takes state case to high court”: The Providence (R.I.) Journal today contains an article that begins, “A leading constitutional scholar said yesterday that only ‘childish and selfish’ reasons would prevent former U.S. Solicitor General Theodore B. Olson from being chosen to argue for the state in an Indian land case set to go before the nation’s high court Nov. 3.”

Posted at 7:44 AM by Howard Bashman