How Appealing



Wednesday, January 14, 2009

“There’s no evidence Jessica’s Law works, California officials say; A state board says tight residency limits on sex offenders have driven many to homelessness, which could propel them back into crime; The state spends $25 million housing some of the offenders”: The Los Angeles Times contains this article today.

Posted at 9:38 AM by Howard Bashman



“A Test of The Power To Unpardon: The courts should uphold Bush’s revocation of clemency to a sordid developer.” George Lardner Jr. has this op-ed today in The Washington Post.

Posted at 9:25 AM by Howard Bashman



“Report Cites Political and Racial Bias At Justice; Watchdogs Say Ex-Official Broke Civil Service Laws”: This article appears today in The Washington Post.

The Wall Street Journal reports today that “Probe Faults Hiring at Justice Division.”

law.com provides an article headlined “Report: Politics, Ideology Drove Hiring Decisions in Justice Department’s Civil Rights Division; Last of four reports on DOJ hiring includes complaints that lawyers were pulled off cases for being ‘treacherous’ to agenda.”

And yesterday evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Report: Justice Official Made Politically Biased Hires” (RealPlayer required).

I linked to additional coverage and to the report itself in this post from last night.

Posted at 9:10 AM by Howard Bashman



“JQC accuses Tampa judge of fiscal shenanigans with stripper”: The St. Petersburg Times today contains an article that begins, “An appeals judge who made history as Stetson University’s first black law school graduate is in trouble with the state Judicial Qualifications Commission, accused of taking gifts from a stripper and helping hide her assets from creditors.”

And The Tampa Tribune reports today that “Judge Charged In Stripper Inquiry.”

You can access at this link the formal charges filed yesterday by the Investigative Panel of the Florida Judicial Qualifications Commission.

Posted at 8:57 AM by Howard Bashman



“Holder may reverse Bush secrecy”: Pete Yost of The Associated Press provides this report.

Today’s edition of The Los Angeles Times contains an editorial entitled “Eric Holder’s challenge: Atty. Gen.-nominee Eric Holder was a key Obama advisor; Now he must put politics aside.”

And CBS News legal analyst Andrew Cohen has a “CourtWatch” column headlined “A Nation Looks For Candor At Justice; The Only Suspense In AG Nominee Eric Holder’s Confirmation Hearing Is Whether He Answers The Tough Questions.”

Posted at 8:52 AM by Howard Bashman



“Paterson Picks Chief Judge Nominee”: Today’s edition of The New York Times contains an article that begins, “Gov. David A. Paterson nominated Justice Jonathan Lippman on Tuesday to be the next chief judge of the New York Court of Appeals, the state’s highest court.”

And law.com provides a report headlined “Sources: Lippman Chosen for N.Y. Chief Judge Slot.”

Posted at 8:47 AM by Howard Bashman



“Gableman loses request to bar commission from continuing case”: The Milwaukee Journal Sentinel today contains an article that begins, “A three-judge panel considering an ethics complaint against state Supreme Court Justice Michael Gableman on Tuesday dismissed a request by Gableman that the state Judicial Commission be barred from continuing its case. The Judicial Commission filed allegations against Gableman in October claiming he knowingly lied in a campaign ad last spring. A three-judge panel is now reviewing the allegations; the panel will forward its findings to the Supreme Court to decide what punishment, if any, Gableman should face.”

Posted at 8:33 AM by Howard Bashman



“Report Finds Online Threats to Children Overblown”: The New York Times today contains an article that begins, “The Internet may not be such a dangerous place for children after all. A task force created by 49 state attorneys general to look into the problem of sexual solicitation of children online has concluded that there really is not a significant problem.”

And today’s edition of The Wall Street Journal contains an article headlined “No Easy Answer for Protecting Kids Online; Study Finds Risks Children Face on the Web Aren’t Too Different From Real-World Problems.”

The task force’s report can be accessed via the web site of the Internet Safety Technical Task Force.

Posted at 8:27 AM by Howard Bashman



“Bush pushed the limits of presidential power: With Cheney’s urging, he insisted that he had that right under the US Constitution, especially during wartime.” Warren Richey has this article today in The Christian Science Monitor.

Posted at 8:07 AM by Howard Bashman



Perhaps that’s why they’re U.S. Supreme Court Justices drafters of U.S. Supreme Court syllabi rather than mathematicians: A reader who is currently based at Bagram Air Field in Afghanistan emails to point out that the syllabus of yesterday’s U.S. Supreme Court ruling in Jimenez v. Quarterman, No. 07-6984, contains a rather obvious math error. that’s repeated three times (once in the unanimous majority opinion, at page 4, and twice in first paragraph of the syllabus).

My correspondent emails:

In the opening syllabus paragraph of Jimenez vs. Quarterman, the line,

“Petitioner filed a second state habeas application on December 6, 2004, which was denied 355 days later, on June 29, 2005.”

Whoops. In the military we frequently use “Julian Dates” which are quite helpful in counting spans of days.

December 6 in 2004 (a leap year) was 341 out of 366, and June 29, 2005 was 180.

So the actual span of days was 180 + (366-341) = “205 days later.” So, it seems unlikely to be a mere typo.

“355 days later” would have been November 26, 2005.

Thanks much to my Bagram-based reader for sending this along.

Update: Contrary to a mistake that I interjected into my original post, the Court’s opinion is not in error, as another reader has kindly emailed to note:

With regard to your Jimenez v. Quarterman post at 8:04a today, I note that the majority opinion, at page 4, does not contain the math error in the syllabus, contrary to the post’s statement. The opinion states that “less than one year of included time” (emphasis added) passed between January 6, 2004, and July 19, 2005. “Included” there means “counted against the limitations period,” and that’s correct: there were 560 actual calendar days between January 6, 2004 and July 19, 2005. The post-conviction petition was pending from December 6, 2004 through June 29, 2005, which is 205 days, and the habeas petitioner argued that those days were not counted against the limitations period. 560 – 205 = 355 “included” days.

Thanks much to this reader pointing out that I, in my original post, overstated the extent of the error.

Posted at 8:04 AM by Howard Bashman



Tuesday, January 13, 2009

“Bush appointee saw Justice lawyers as ‘commies,’ ‘crazy libs,’ report says; Bradley Schlozman, who supervised civil rights and voting rights lawyers, broke the law by considering political affiliations in deciding who can serve, an inspector general’s report says”: David G. Savage of The Los Angeles Times has this news update.

Wednesday in The New York Times, Eric Lichtblau will have an article headlined “Criticism of Ex-Official in Hiring at Justice Dept.

And McClatchy Newspapers reports that “Internal probe slams Bush Justice official for illegal hiring.”

You can access at this link the report that the U.S. Department of Justice’s Office of Inspector General made public today.

Posted at 10:44 PM by Howard Bashman



“Evidence in Terror Cases Said to Be in Chaos; Military Officials Reject Ex-Prosecutor’s Charges”: Wednesday’s edition of The Washington Post will contain an article that begins, “A former military prosecutor said in a declaration filed in federal court yesterday that the system of handling evidence against detainees at Guantanamo Bay was so chaotic that it was impossible to prepare a fair and successful prosecution.”

Posted at 10:35 PM by Howard Bashman



“Just In: Obama and Biden Will Visit Supreme Court Wednesday.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 10:18 PM by Howard Bashman



“Court restores restrictions on W.Va. gambling advertising”: The Associated Press provides a report that begins, “A federal appeals court reinstated West Virginia’s video lottery advertising restrictions Tuesday, ruling that the state has a legitimate interest in raising money without contributing to compulsive gambling.”

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

Posted at 8:47 PM by Howard Bashman



“Judicial council to reopen probe of federal judge”: The Associated Press provides a report that begins, “A judicial panel that once suspended a federal judge accused of sexually abusing court workers said it will reopen its investigation now that new counts have been added to the criminal case.”

My earlier coverage of this development appeared in this post from last night.

Posted at 8:14 PM by Howard Bashman



Technically speaking, a Guantanamo case was indeed argued today at the U.S. Court of Appeals for the Federal Circuit: A law librarian emails:

I thought you’d want to know that the Guantanamo Bay-related case that took place today in the Federal Circuit’s courtroom was actually a case heard by the U. S. Court of Military Commission Review. Here is a link to the announcement from that tribunal.

The Federal Circuit simply provided a venue for the hearing.

Providing further evidence (as though any were needed) that law librarians are the best!

In coverage of today’s hearing, Jesse J. Holland of The Associated Press reports that “Court hears arguments over detainee’s confession.” My related post from earlier today can be accessed here.

Posted at 5:55 PM by Howard Bashman



“Supreme Court deals setback to cable TV firms on video recording; Companies want to offer customers a service that doesn’t require a set-top box; The court asks the Justice Department to determine whether it would violate the Copyright Act”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:15 AM by Howard Bashman



“Weighing Reach of Law in Appeals for Clemency”: Today in The New York Times, Adam Liptak has an article that begins, “In an unusually testy argument, the Supreme Court on Monday tried to make sense of a federal law that provides lawyers to poor inmates on state death rows when their cases move to federal court. The question for the justices was whether the law also requires the federal government to pay those lawyers to present clemency petitions to governors and other state officials.”

You can access the transcript of yesterday’s U.S. Supreme Court oral argument in Harbison v. Bell, No. 07-8521, at this link.

Posted at 8:00 AM by Howard Bashman



“Court to hear arguments over detainee’s confession”: Jesse J. Holland of The Associated Press has a report that begins, “Pentagon prosecutors want a federal appeals court to reinstate a young Guantanamo detainee’s confession after a military judge, who ruled the man had been tortured, threw it out. Military prosecutors on Tuesday were to ask the U.S. Court of Appeals for the Federal Circuit to allow them to use Mohammed Jawad’s confession against him during his trial by military commission.”

Chances are that the appeal is being heard by the D.C. Circuit, and not the Federal Circuit.

Posted at 7:54 AM by Howard Bashman



Monday, January 12, 2009