How Appealing



Sunday, October 19, 2008

“Insurance fraud case set for ex-Pennsylvania judge”: The Associated Press provides a report that begins, “Former state Superior Court Judge Michael Joyce goes on trial in federal court this week on fraud charges for allegedly exaggerating or faking neck and back injuries that netted him $440,000 from insurers.”

Posted at 1:35 PM by Howard Bashman



“No word yet on resignation by Nottingham”: The Denver Post today contains an article that begins, “A source close to Chief U.S. District Judge Edward Nottingham Jr. says he is contemplating resignation, but as of Saturday, the clerk of the U.S. District Court had not received a notification from Nottingham or the White House of a resignation.”

Posted at 1:28 PM by Howard Bashman



Saturday, October 18, 2008

“Wiretap lawsuit defense challenged in court”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Civil liberties groups started a legal challenge Friday to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers’ constitutional rights and tramples on judicial authority.”

Posted at 11:10 PM by Howard Bashman



“Detainee’s Time Served Is Challenged; Prosecutors Say Judge Gave Hamdan Improper Credit”: This article appears today in The Washington Post.

Posted at 10:52 PM by Howard Bashman



Friday, October 17, 2008

“Salazar calls for Judge Nottingham’s resignation”: The Denver Post provides a news update that begins, “Democratic Sen. Ken Salazar urged Chief U.S. District Judge Edward W. Nottingham Jr. to resign on Friday, a day after allegations surfaced that he tried to get a former prostitute to lie to investigators about paying her for sex. Nottingham called in sick to work this week and his six-day criminal trial was taken over by another judge.”

Posted at 6:00 PM by Howard Bashman



“Nottingham A No-Show For Cases; Reports Indicate Judge Edward Nottingham Will Be Stepping Down”: cbs4denver.com provides a report that begins, “Cases that U.S. District Court Chief Judge Edward Nottingham was scheduled to deal with Friday morning in his courtroom were handled by another judge. Some news outlets reported Thursday that Nottingham plans to resign. He has been the target for about a year of an investigation into complaints of alleged misconduct.”

And today in The Rocky Mountain News, attorney Scott Robinson has an essay entitled “If true, all kinds of legal codes were shattered.”

Posted at 2:30 PM by Howard Bashman



“High court rejects GOP bid in Ohio voting dispute”: The Associated Press provides a report that begins, “The Supreme Court is siding with Ohio’s top elections official in a dispute with the state Republican Party over voter registrations. The justices on Friday overruled a federal appeals court that had ordered Ohio’s top elections official to do more to help counties verify voter eligibility.”

You can access today’s per curiam ruling of the U.S. Supreme Court at this link.

Posted at 12:07 PM by Howard Bashman



“Next president to name new circuit court judge”: Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, “The country’s next president will get a chance to fill a vacancy on the federal appeals court in Atlanta. Judge R. Lanier Anderson III of Macon has notified President Bush he will take senior status at the end of January. Anderson, 72, was put on the 11th U.S. Circuit Court of Appeals by President Jimmy Carter in 1979.”

Other recent additions to the “Future Vacancies” list include Fifth Circuit Judge Rhesa H. Barksdale and Sixth Circuit Judge Martha Craig Daughtrey.

Posted at 12:00 PM by Howard Bashman



“Supreme Court denies review of medical pot law”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The state Supreme Court turned back a challenge to California’s medical marijuana law Thursday from two counties that said they were being forced to condone federal drug-law violations by state-approved pot users.”

The San Diego Union-Tribune reports today that “County’s appeal of pot law rejected; State high court won’t hear case.”

And The Press-Enterprise of Riverside, California reports that “State court denies counties’ petition to review ruling on medical marijuana law.”

Posted at 10:03 AM by Howard Bashman



“Ohio Litigating Its Way Through Election Cycle; Partisan Distrust Rampant in Swing State”: This article appears today in The Washington Post.

Posted at 9:52 AM by Howard Bashman



“Photographer Takes Copyright Fight to U.S. High Court; His lawyer says 11th, 2nd circuits misinterpreted Supreme Court ruling in their decisions favoring National Geographic Society”: law.com provides this report.

Posted at 9:07 AM by Howard Bashman



“O’Connor receives degree”: The Yale Daily News today contains an article that begins, “When Emma Watson of ‘Harry Potter’ fame showed up on campus last week, avid fans tried to anticipate her every move. But when former Supreme Court Justice Sandra Day O’Connor arrived at the Divinity School on Wednesday, her presence was a closely-guarded secret, even within the small Divinity School community.”

Posted at 8:54 AM by Howard Bashman



“Welcome awaits Muslims from China held at Guantanamo; Tallahassee is preparing to receive and look after three men on an improbable journey from Guantanamo Bay — and Tora Bora”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 8:47 AM by Howard Bashman



“New Sentence Is Sought for Bin Laden’s Driver”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “The Bush administration wants the military jury that sentenced Osama bin Laden’s former driver to reconvene for new deliberations that could add five years to his scheduled release date of Dec. 31.”

And The Yale Daily News reports today that “Law clinic brings justice to prisoners.”

Posted at 8:34 AM by Howard Bashman



“Court upholds decision, US liable in killing; Ruling: FBI dealings with Bulger gang led to murder.” The Boston Globe today contains an article that begins, “The US Appeals Court has upheld a lower court ruling holding the FBI responsible for the 1984 killing of a Quincy fisherman by Winter Hill gang leaders and a rogue agent who leaked information to them, in a decision that could settle at least six other cases claiming the FBI had corrupt dealings with James ‘Whitey’ Bulger.”

And The Boston Herald reports today that “Court OKs $3.1M judgment for mom of Whitey Bulger victim.”

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

Posted at 8:15 AM by Howard Bashman



“Federal judge expected to go; Nottingham mired in sex-related misconduct issues”: The Rocky Mountain News today contains an article that begins, “Chief U.S. District Judge Edward W. Nottingham is expected to quit the federal bench amid a new sex-related scandal and a closed-door judicial misconduct hearing that didn’t go well, sources said Thursday. Nottingham could not be reached for comment, and the clerk of the U.S. District Court for Colorado said he had received no official letter of resignation.” The newspaper also contains an article headlined “It’s no nonsense in his courtroom; Nottingham built reputation as tough but fair.”

The Denver Post reports today that “Federal judge may resign amid inquiry.”

And Denver’s NBC News affiliate 9News.com provides a report headlined “Prostitute: Federal judge asked me to lie.” The web page containing that report provides access to a video segment that includes an interview in which a former prostitute claims the judge asked her to lie to investigators and hide that he paid her for sex.

Additional news coverage that appeared online yesterday can be accessed via this post.

Posted at 7:45 AM by Howard Bashman



Thursday, October 16, 2008

“Judge: Evidence admissible.” Yesterday’s edition of The Erie (Pa.) Times-News contained an article that begins, “The prosecution will get to paint a picture of former state Superior Court Judge Michael T. Joyce’s activities and finances before and after the August 2001 slow-speed collision he said left him severely injured. Jurors will hear that before Joyce won a $440,000 insurance settlement, he was camping out in his judicial chambers amid a breakup with his girlfriend and that he told his landlord that he could only afford to pay $100 rent. They will hear about a ‘spending spree’ the prosecution said Joyce went on after the settlement, buying, among other things, a Harley-Davidson motorcycle, a plane, a house and a hot tub, and spending $6,000 for cosmetic surgery for the woman who is now his wife. They also will hear how Joyce went in-line skating at Presque Isle State Park on Sept. 2, 2002, while his insurance claims, based on debilitating neck and back injuries, were pending.”

Trial on these federal criminal charges is scheduled to begin next week in Pittsburgh.

Posted at 10:52 PM by Howard Bashman



“$3.1M verdict upheld for Bulger victim”: The Boston Herald today provides a news update that begins, “In a financially crippling vote of low confidence in the Department of Justice, the U.S. Court of Appeals for the First Circuit this afternoon upheld the $3.1 million in damages awarded the family of James ‘Whitey’ Bulger victim John McIntyre in September 2006 by U.S. District Court Judge Reginald C. Lindsay.”

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

Posted at 10:27 PM by Howard Bashman



“Judge Nottingham resigning amid misconduct complaints”: The Rocky Mountain News provides an update that begins, “Chief U.S. District Judge Edward Nottingham is stepping down from the federal bench, sources said today. Nottingham, who has been the subject of several judicial misconduct complaints in recent months, could not immediately be reached for comment. He has not issued any official statement, but three sources with knowledge of his decision confirmed his plans.”

Update: A report headlined “Chief judge expected to resign over new allegations” from NBC News affiliate 9News.com of Denver begins, “9Wants to Know has learned that Chief Federal Judge Edward Nottingham of Colorado is expected to resign after he learned of new allegations against him from a former prostitute who claims the judge asked her to lie to investigators and not tell them he paid her for sex.”

MyFOXColorado.com reports that “Judge Nottingham Resigning.”

And cbs4denver.com reports that “Controversy Has Trailed Colorado’s Chief US Judge; Reports Indicate Judge Edward Nottingham Will Be Stepping Down.”

Posted at 4:57 PM by Howard Bashman



“Ohio court: Law on asbestos may be retroactive.” The Associated Press provides a report that begins, “The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims. The 6-1 decision Wednesday means that many of the 40,000 Ohio cases filed before the law was enacted are likely to be dismissed. It also has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.”

You can access yesterday’s ruling of the Supreme Court of Ohio at this link. In addition, the court’s Office of Public Information has issued a summary of the ruling headlined “2004 Bill Changing Asbestos Lawsuit Procedures May Be Applied to Cases Filed Before Law Changed.”

Posted at 2:24 PM by Howard Bashman



“School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech”: Dan Slater has this article today in The Wall Street Journal.

Posted at 8:35 AM by Howard Bashman



“Counsel picked for Porteous probe; House panel trumpets lawyer’s track record”: The Times-Picayune of New Orleans today contains an article that begins, “A veteran Washington lawyer who helped oversee the impeachments of two federal judges in the 1980s was selected Wednesday by the House Judiciary Committee to lead its impeachment inquiry of federal Judge Thomas Porteous. Chosen for the high-profile job was Alan Barron, a partner with the Washington firm of Holland & Knight.”

Posted at 8:22 AM by Howard Bashman



“Ruling May Impede Thousands of Ohio Voters”: The New York Times today contains an article that begins, “More than 200,000 registered Ohio voters may be blocked from casting regular ballots on Election Day because of a federal appeals court decision on Tuesday requiring the disclosure of lists of voters whose names did not match those on government databases, state election officials and voting experts said.”

And The Associated Press reports that “Ohio elections chief appeals court ruling.”

The application for a stay that the State of Ohio filed yesterday in the U.S. Supreme Court can be viewed at this link (via “Election Law” blog).

My earlier coverage of Tuesday’s en banc Sixth Circuit ruling appears at this link.

Posted at 8:05 AM by Howard Bashman



Wednesday, October 15, 2008