How Appealing



Wednesday, October 15, 2008

“Chambers’ may appeal after his suit against God is tossed out”: Today’s edition of The Omaha World-Herald contains an article that begins, “You can’t sue God if you can’t serve the papers on him, a Douglas County District Court judge has ruled in Omaha. Judge Marlon Polk threw out Nebraska Sen. Ernie Chambers’ lawsuit against the Almighty, saying there was no evidence that the defendant had been served.”

And The Associated Press reports that “Suit against God thrown out over lack of address.”

Posted at 3:15 PM by Howard Bashman



“High court clears way for execution; Seven witnesses who identified Troy Davis as the killer of a police officer in Georgia almost 20 years ago have recanted their testimony, but his final appeal is turned down without comment”: David G. Savage has this article today in The Los Angeles Times.

Today’s edition of The Atlanta Journal-Constitution contains an article headlined “Rejected by high court, Davis faces execution.”

The New York Times reports that “Supreme Court Rejects Execution Appeal.”

The Washington Post reports that “High Court Won’t Hear Death Row Appeal.”

And in The Christian Science Monitor, Warren Richey reports that “Court declines to hear death-row appeal; Troy Davis, a Georgia inmate, asked for a new trial after seven witnesses recanted their testimony.”

Posted at 3:05 PM by Howard Bashman



“Court sends chip makers’ suit back to trade body”: Today’s edition of The San Diego Union-Tribune contains an article that begins, “After a string of legal setbacks, San Diego wireless technology giant Qualcomm claimed a victory yesterday over chip-making competitor Broadcom. The U.S. Court of Appeals for the Federal Circuit nullified a ruling that Qualcomm infringed Broadcom patents and returned the issue to the International Trade Commission for further review.”

My earlier coverage of yesterday’s Federal Circuit decision appears at this link.

Posted at 2:57 PM by Howard Bashman



“New ACLU center to honor longtime Southern California director Ramona Ripston; Ripston, 81, dismisses the idea of retirement, saying much work remains unfinished; ‘If we aren’t under attack every day, then we’re not doing our job,’ she adds”: This article appears today in The Los Angeles Times. As the article notes, the honoree is the wife of Ninth Circuit Judge Stephen Reinhardt.

Posted at 12:08 PM by Howard Bashman



“Key Allegations Against Terror Suspect Withdrawn; Justice Department Had Tied Guantanamo Detainee to Plot to Explode ‘Dirty Bomb’ in U.S.” The Washington Post contains this article today.

Posted at 11:57 AM by Howard Bashman



“Family’s wait for Cooey’s execution ends; Prison staff finds veins in convicted murderer who claimed he was too fat for lethal injection”: This article appears today in The Akron Beacon Journal.

Today’s edition of The Dayton Daily News contains articles headlined “Executed inmate ‘vulgar and hateful,’ prosecutor says” and “Execution by lethal injection is a calculated process devoid of theatrics; Richard Cooey was put to death Tuesday morning for the slaying of two Akron coeds in 1986.”

And The Associated Press reports that “Ohio executes inmate who argued was too fat to die.”

Posted at 11:02 AM by Howard Bashman



“Questionable registrations: Fork over voter list, judges tell Brunner.” The Columbus Dispatch today contains an article that begins, “Almost as if she anticipated a court ruling a few hours later, Ohio Secretary of State Jennifer Brunner promised yesterday to give county elections workers access to a list of possibly problematic voter registrations. The full 6th U.S. Circuit Court of Appeals then ruled 9-6 that Brunner must provide access to a state database showing new voters whose registration information does not match records with the state Bureau of Motor Vehicles or federal Social Security Administration. The decision — a 50-page maze of majority, concurring and dissenting opinions — reversed a 2-1 ruling by a three-judge panel of the 6th Circuit last week.”

The Cincinnati Enquirer today reports that “Voter fraud battle heats up; Court rulings, lawsuits, calls for investigations all in a day’s work.”

And The Associated Press provides a report headlined “Federal court: Ohio must check voter registrations.”

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

At his “Election Law” blog, Rick Hasen offers these thoughts on the ruling.

Posted at 10:44 AM by Howard Bashman



“2nd Circuit Trims ‘At Issue’ Waiver’s Scope for Privilege”: law.com provides a report that begins, “The scope of a waiver of the attorney-client privilege when the party invoking the privilege has put the communication at issue in a lawsuit has been clarified by the 2nd U.S. Circuit Court of Appeals.”

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 7:40 AM by Howard Bashman



Tuesday, October 14, 2008

Now-vindicated previously dissenting judge of the day: On April 13, 2006, the following post appeared at this blog:

Payback is … an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayer’s establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court’s dismissal for mootness.

Now, two years, six months, and one day later, following a GVR from the U.S. Supreme Court, that same three-judge panel has unanimously joined in an opinion written by Circuit Judge Sykes dismissing the case as moot.

Posted at 9:14 PM by Howard Bashman



“Courts hears NC minority voting rights lawsuit”: Mark Sherman of The Associated Press has an article that begins, “Supreme Court justices appeared reluctant Tuesday to expand protections of a landmark voting rights law in a case from North Carolina.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Line-drawing and drawing lines in politics.”

The U.S. Supreme Court has posted online the transcripts of all three cases argued today: Bartlett v. Strickland, No. 07-689; Pearson v. Callahan, No. 07-751; and Oregon v. Ice, No. 07-901.

Posted at 8:25 PM by Howard Bashman



“Appeals court rules against ban on Qualcomm chips”: The Associated Press provides a report that begins, “A federal appeals court Tuesday ruled that the International Trade Commission’s ban on imports of cell phones with chips made by Qualcomm Inc. overstepped the commission’s authority.”

Reuters provides a report headlined “Appeals court vacates ITC ban against Qualcomm.”

And Brent Kendall and Roger Cheng of Dow Jones Newswires report that “US Court Vacates Ban On Cellphones Using Qualcomm Chips.”

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

Posted at 8:07 PM by Howard Bashman



“Court hears arguments in landmark tobacco case”: Hope Yen of The Associated Press has an article that begins, “A federal appeals court expressed skepticism Tuesday that a landmark ruling that cigarette makers deceived the public for decades about smoking risks could be supported under racketeering laws.”

Update: And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Appellate Judges Critical of Landmark Tobacco Decision.”

Posted at 4:20 PM by Howard Bashman



“Free Press fights to protect reporter’s sources”: Today’s edition of The Detroit Free Press contains an article that begins, “The Free Press sought Monday to prevent a former federal prosecutor from attempting to obtain the identity of a reporter’s unnamed sources in a 2004 story. David Ashenfelter, who covers federal courts for the paper, has been ordered to answer questions posed by lawyers representing ex-prosecutor Richard Convertino.”

And The Associated Press reports that “Detroit reporter fights deposition over sources.”

Posted at 2:32 PM by Howard Bashman



“Dissent blocked in DeLay case, justice says; Accusation is latest twist in already political legal battle”: The Austin American-Statesman today contains an article that begins, “A 3rd Court of Appeals justice is accusing Chief Justice Ken Law of refusing to file her dissent in a politically charged case involving two associates of former U.S. House Majority Leader Tom DeLay. Justice Jan Patterson, a Democrat, is asking the Texas Supreme Court to intervene.”

Posted at 11:57 AM by Howard Bashman



“Three face court over kangaroo t-shirts”: Reuters provides a report that begins, “Three people who showed up at Singapore’s supreme court in T-shirts printed with a kangaroo dressed in a judge’s gown will be brought to court for contempt, Singapore’s attorney general said on Tuesday.”

Posted at 10:52 AM by Howard Bashman



“Letters outline Nichols’ escape plot; Murder suspect tells Connecticut correspondent he loves her and that they will meet after he throws off police by planting ‘clues’ on the Silver Comet Trail”: The Atlanta Journal-Constitution contains this article today.

Posted at 9:10 AM by Howard Bashman



“Lawyers Criticize Quality of Guantanamo Interpreters; Fairness of Sept. 11 Trials Said to Be Undermined”: This article appears today in The Washington Post.

Posted at 8:37 AM by Howard Bashman



“Staring Down the Barrel: the Rise of Guns in China; In a Nation That Bans Guns and Celebrates Them, Armed Criminals and Hunters Pose New Problems for Authorities.” This article appears today in The Wall Street Journal.

And yesterday at “The BLT: The Blog of Legal Times,” Joe Palazzolo had a post titled “Fee Dispute in Gun Case Heats Up.”

Posted at 8:24 AM by Howard Bashman



“Court to hear appeals in landmark tobacco case”: Hope Yen of The Associated Press has an article that begins, “The tobacco industry is asking a federal appeals panel to overturn a landmark ruling that could open the door to more lawsuits from smokers claiming they were harmed because they were deceived by cigarette companies.”

The case will be argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 8:03 AM by Howard Bashman