How Appealing

Monday, November 24, 2008

Access online ABC’s reply brief in the Second Circuit appeal concerning whether the buttocks are, or are not, a “sexual or excretory organ”: On Friday, in an update to a post you can access here, I placed online ABC’s opening brief and the FCC’s brief for respondents. I have now obtained ABC’s reply brief, which you can access at this link.

Because the appeal is pending in the U.S. Court of Appeals for the Second Circuit, the front cover of each of these appellate briefs features the requisite super-huge docket number.

Update: At “Language Log,” Bill Poser offers these thoughts on the briefs I posted on Friday. And his earlier post on this matter, from January 2008, can be accessed here.

Posted at 8:44 PM by Howard Bashman

“5th Circuit upholds denial of death row appeal”: The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, “A three-judge panel of the 5th U.S. Circuit of Appeals has denied an appeal filed by four Mississippi death row inmates who argued the state’s method of lethal injection is unconstitutional.”

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

Posted at 8:30 PM by Howard Bashman

“U.S. to extradite Bin Laden’s driver to Yemen soon”: The Yemen News Agency provides a report that begins, “Well-informed sources said on Monday that U.S. authorities would extradite Salim Hamdan to Yemen in the coming few days, the State-run reported Monday.”

Posted at 6:00 PM by Howard Bashman

“Detainees’ entry into U.S. in doubt”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “With two colleagues energetically steering the case in opposite directions, U.S. Circuit Judge Karen LeCraft Henderson on Monday held the fate of 17 Chinese Muslim detainees at Guatanamo Bay in her hands. At most, she provided a slight hint that she may disappoint their plea for early release.”

Posted at 4:00 PM by Howard Bashman

The Associated Press is reporting: An article reports that “Appeals court lets Vatican sex-abuse case proceed.” You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

An article headlined “Judge tosses appeal condemned killer didn’t want” begins, “An appeal notice filed on behalf of a convicted murderer who tortured two young siblings was dismissed Monday by a federal judge, after the defendant told him he did not want to challenge his convictions or death sentences and had not given his attorneys permission to do so.”

And in other news, “More Americans serving as their own lawyers.”

Posted at 3:45 PM by Howard Bashman

You’ve probably seen how the speech prematurely ended, and now you can see the rest of it: The Federalist Society has posted online at this link the complete video of last Thursday night’s Keynote Address by Attorney General Michael B. Mukasey. [Update: In fact, what The Federalist Society has posted online is not the complete video, as this portion of the video ends before Mukasey collapses.]

Last Friday at her “Legalities” blog, Jan Crawford Greenburg wrote about the substance of the speech in a post titled “A Somber Mukasey, Taking on Critics.”

Some news outlets had noted that Mukasey’s speech was interrupted by a heckler, and ABC News reports at this link that the heckler was “a state court judge in the audience [who] stood and yelled, ‘you tyrant.'” I haven’t read anywhere the exact identity of that state court judge, but enquiring minds certainly want to know.

Update: Michelle Malkin is also on the case.

Posted at 12:04 PM by Howard Bashman

“Court mulls early release of Uighurs from Gitmo”: Hope Yen of The Associated Press has an article that begins, “A federal appeals court expressed skepticism Monday about a judge’s order releasing 17 Turkic Muslims from Guantanamo Bay, Cuba, into the United States.”

Posted at 11:45 AM by Howard Bashman

“Supreme Court Justice Clarence Thomas visits the Manhattan Institute for Policy Research in NYC [and] speaks to the audience on the U.S. Constitution and the role of government”: C-SPAN has posted online at this link (RealPlayer required) the video of this past Saturday’s broadcast of C-SPAN’s “America & the Courts.”

Posted at 11:00 AM by Howard Bashman

U.S. Court of Appeals for the Second Circuit issues opinions in cases captioned In re Terrorist Bombings of U.S. Embassies in East Africa: The Second Circuit has today issued three separate rulings: one opinion addresses a defendant’s Fourth Amendment challenges; another opinion addresses the other defendants’ Fifth Amendment challenges; and the third opinion addresses the defendants’ remaining challenges to their federal criminal convictions.

The syllabus for each opinion begins, “Defendants appeal from judgments of conviction entered by the United States District Court for the Southern District of New York (Leonard B. Sand, Judge) following a jury trial in which defendants were found guilty of offenses arising from their involvement in an international conspiracy–led by Osama Bin Laden and organized through the al Qaeda terrorist network–to kill American citizens and destroy American facilities across the globe.”

The bottom line is that the defendants’ convictions are affirmed but one defendant must be resentenced.

Update: In early coverage, The Associated Press reports that “Appeals court in NYC upholds convictions.”

Posted at 10:37 AM by Howard Bashman

Pa. Supreme Court denies review of case in which Pa. Superior Court reinstated $3 million verdict for real estate brokerage that sued its lawyer, insurer: In the February 7, 2006 issue of The Legal Intelligencer, Shannon P. Duffy had an article headlined “Common Pleas Judge Tosses $3 Mil. Verdict.”

Thereafter, the lawyers for the plaintiffs hired me to assist them with the briefs and oral argument on appeal. On May 22, 2007, I argued the appeal in the Pa. Superior Court. And on October 5, 2007, the Pa. Superior Court issued a decision reinstating the jury’s verdict. In coverage of that ruling, Shannon P. Duffy of The Legal Intelligencer reported that “$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer.”

The defendants then filed petitions for allowance of appeal in the Supreme Court of Pennsylvania. In an order issued last Thursday and posted online this morning, Pennsylvania’s highest court denied the petitions for allowance of appeal.

Posted at 9:14 AM by Howard Bashman

“Good judicial philosophy was presented in lecture”: Yesterday’s edition of The Lubbock Avalanche-Journal contained an editorial that begins, “It was a privilege to have U.S. Supreme Court Justice Antonin Scalia in Lubbock recently, and his lecture reminded us why we appreciate his judicial philosophy.”

Posted at 8:33 AM by Howard Bashman

“An offbeat religion tests the First Amendment’s balance”: Columnist Linda P. Campbell had this op-ed last Thursday in The Fort Worth Star-Telegram.

Posted at 8:30 AM by Howard Bashman

“Italians tell story of immigrant experience; Alito family one of many from Mercer to make mark”: This article appeared yesterday in The Times of Trenton, New Jersey.

Posted at 8:27 AM by Howard Bashman

“Closing Guantanamo prison may be the easy part for Obama; Much harder will be sorting out the legal complexities of holding, prosecuting, transferring or releasing the roughly 250 prisoners”: Julian E. Barnes and David G. Savage have this article today in The Los Angeles Times.

Posted at 8:05 AM by Howard Bashman

“Guantanamo detainees get a dose of culture; Guantanamo guards have decided if you can’t free captives, distract them”: Carol Rosenberg had this article yesterday in The Miami Herald.

Posted at 7:55 AM by Howard Bashman

“Minorities fear trend from California gay marriage ban”: Reuters provides a report that begins, “California’s gay marriage ban could open the door to legal discrimination against unpopular groups if the state Supreme Court allows the voter-approved measure to stand, blacks, Latinos, Asians and other minorities said.”

Posted at 7:50 AM by Howard Bashman