How Appealing



Tuesday, November 25, 2008

“State justice says he wasn’t at Mukasey’s speech”: The Olympian of Olympia, Washington today contains an article that begins, “Contrary to rumor, Washington Supreme Court Justice Richard Sanders said he was in town, but not in the room, when U.S. Attorney General Michael Mukasey collapsed last week.”

Posted at 9:34 AM by Howard Bashman



“Court Backs Warrantless Searches Abroad”: The New York Times today contains an article that begins, “The authorities may lawfully conduct searches and electronic surveillance against United States citizens in foreign countries without a warrant, a federal appeals court panel said on Monday, bolstering the government’s power to investigate terrorism by ruling that a key constitutional protection afforded to Americans does not apply overseas.”

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

Posted at 9:23 AM by Howard Bashman



“Seattle’s mayor is up in arms about guns; Mayor Greg Nickels wants to ban guns from city property; But a Washington state law, and other challenges, may shoot down his proposal”: This article appears today in The Los Angeles Times.

Posted at 9:20 AM by Howard Bashman



“GPS technology doubles as crime-fighting tool; The units can place a suspect at a crime scene, undermine an alibi or prove fault in an accident; And though privacy rights advocates don’t like the intrusion, courts tend to side with authorities”: Carol J. Williams has this article today in The Los Angeles Times.

Posted at 9:14 AM by Howard Bashman



“Legal experts puzzled over California justice’s seeming reversal on Prop. 8; Justice Joyce L. Kennard has been a reliable supporter of gay rights in the past, but last week she was the only Supreme Court jurist to vote against hearing legal challenges to the gay-marriage ban”: Maura Dolan has this front page article today in The Los Angeles Times.

And The New York Times today contains an editorial entitled “California’s Legal Tangle.”

Posted at 9:02 AM by Howard Bashman



“Nesconset lawyer’s death a murder for hire, woman says”: Today’s edition of Newsday contains an article that begins, “The fatal shooting of a Nesconset lawyer wasn’t a botched robbery but a murder for hire, said a woman charged in the death of James DiMartino as she pleaded guilty to second-degree murder yesterday in Riverhead.”

Posted at 8:57 AM by Howard Bashman



“From One Footnote, a Debate Over the Tangles of Law, Science and Money”: Adam Liptak’s “Sidebar” column reemerges today, as a “column on the Supreme Court [that] will appear every other Tuesday.”

Today’s installment begins, “Two years after Exxon was hit with a $5 billion punitive damages award for the Exxon Valdez disaster, Prof. William R. Freudenburg’s phone rang.”

Posted at 8:34 AM by Howard Bashman



“Indefinite Detention”: Today’s edition of The New York Times contains an editorial that begins, “For more than five years, the Bush administration has been holding Ali al-Marri, a legal resident of the United States, in near isolation under President Bush’s reprehensible enemy combatant doctrine. The Supreme Court is to meet on Tuesday to decide whether to review the case, and it should. The justices need to make clear that a president cannot trample on individual rights by imprisoning people indefinitely simply by asserting that they are tied to terrorism.”

And today in The Los Angeles Times, Jonathan Hafetz has an op-ed entitled “2,000 days in detention: The case of an ‘enemy combatant’ who has been held in a Navy brig in South Carolina is about to go before the Supreme Court.”

Posted at 8:30 AM by Howard Bashman



“Bin Laden’s Driver to Be Returned to Yemen”: The New York Times provides this news update.

The Washington Post today contains a front page article headlined “Hamdan To Be Sent To Yemen; Bin Laden Driver Spent 7 Years at Guantanamo.”

And today in The Los Angeles Times, Carol J. Williams reports that “Salim Ahmed Hamdan to leave Guantanamo; After serving time for supporting terrorism, Osama bin Laden’s onetime driver is said to be in the midst of a transfer to Yemen.”

My earlier coverage appears at this link.

Posted at 8:27 AM by Howard Bashman



“Gay Marriage and the California Courts: Democracy loses if Prop. 8 is overruled.” Columnist William McGurn has this op-ed today in The Wall Street Journal.

Posted at 8:23 AM by Howard Bashman



“Sweeping Pardons ‘Unnecessary’; White House Is Disinclined to Grant Clemency to Officials Involved in Terror Policies”: Today in The Wall Street Journal, Evan Perez has an article that begins, “The White House isn’t inclined to grant sweeping pardons for former administration officials involved in harsh interrogations and detentions of terror suspects, according to people familiar with the situation.”

Posted at 8:15 AM by Howard Bashman



“The Supreme Court Opts to Decide Whether McCain-Feingold’s Campaign Finance Regulations Were Properly Applied to a Film Attacking Hillary Clinton, and to Ads for the Film”: Julie Hilden has this essay online at FindLaw.

Posted at 8:07 AM by Howard Bashman



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 26sep.net 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