How Appealing



Thursday, January 15, 2009

“Bush allies take aim at Guantanamo Bay detainee policies; Guantanamo Bay detainee policy suffered several setbacks from Bush appointees and allies as the administration winds down”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 10:54 AM by Howard Bashman



“Appeals court weighs Manuel Noriega’s challenge of extradition order; The fate of Panama’s jailed general, Manuel Antonio Noriega, is now in the hands of a federal appeals court”: Jay Weaver has this article today in The Miami Herald.

Posted at 10:40 AM by Howard Bashman



“Tribes want more American Indians on federal bench”: The Associated Press provides a report that begins, “Leaders of California’s politically powerful Indian tribes are pressing the incoming Obama administration to appoint more American Indians to the federal judiciary. Nearly 900 judges sit on the federal bench throughout the country, but government records show only one claims American Indian ancestry: Frank Howell Seay, a senior district judge in Oklahoma.”

Posted at 10:35 AM by Howard Bashman



“Evidence Is Valid, Despite Police Error; Rights Were Not Violated, Justices Rule”: Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that “Supreme Court loosens law on illegal searches; The high court rules in a 5-4 opinion that evidence from an illegal search can be used if an officer makes an innocent mistake.”

And in USA Today, Joan Biskupic reports that “Court OKs using evidence from search arising from error.”

Posted at 9:14 AM by Howard Bashman



“Let some Guantanamo Bay detainees live in U.S., advocates say; For countries to feel comfortable taking prisoners off American hands, the U.S. has to show it is OK by taking some itself, human rights advocates say; The Obama team is considering the move”: The Los Angeles Times contains this article today.

The Washington Post reports today that “Citing Weak Evidence, Judge Orders Guantanamo Detainee Freed.”

And The New York Times contains a news analysis headlined “Torture Acknowledgment Highlights Detainee Issue.”

Posted at 9:12 AM by Howard Bashman



“Anaheim ends legal battle over renaming of Angels; The city had sued after owner Arte Moreno changed that name to Los Angeles Angels of Anaheim but lost rounds in Superior Court and state appellate court; The fight cost the city $4 million”: This article appears today in The Los Angeles Times.

And The Orange County Register reported yesterday that “Anaheim decides to end fight over Angels name; Council member says vote was unanimous to stop pursuing legal case.”

Posted at 9:05 AM by Howard Bashman



“Of Judges, By Judges, For Judges”: Today in The Washington Post, columnist George F. Will has an op-ed that begins, “In November, 13,402,566 California voters expressed themselves for or against Proposition 8, which said that their state’s Constitution should be amended to define marriage as a relationship between a man and a woman.”

Posted at 8:55 AM by Howard Bashman



“Webcam to cover music suit; High-interest case gets first court OK”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “In the first such ruling in the federal judiciary in Massachusetts, a judge in Boston agreed yesterday to allow video cameras in the courtroom to provide live Internet coverage of a high-interest lawsuit against a Boston University graduate student accused of downloading music illegally.”

Posted at 8:42 AM by Howard Bashman



“Parties Brace for a Fight on Justice Dept. Choice”: Eric Lichtblau has this article today in The New York Times. The newspaper also contains an op-ed from various notable contributors entitled “Questions of Justice.”

USA Today reports that “Holder is likely to face tough questions today; Republicans focus on pardon role.” The newspaper also contains an editorial entitled “Can Holder restore Justice?

The Boston Globe reports that “Grilling expected at AG nominee hearing; Fight over Holder illustrates division on Senate panel.”

The Associated Press reports that “Holder to face Senate, admit past mistakes.”

The Washington Post contains an editorial entitled “Mr. Holder and Pardons: The attorney general nominee must explain his role.”

And today in The Wall Street Journal, Arlen Specter and Edwin Meese III have an op-ed entitled “Even Businessmen Deserve a Lawyer: How Eric Holder enabled federal prosecutors to bully defendants.”

Today’s U.S. Senate Judiciary Committee confirmation hearing for Attorney General nominee Eric Holder is scheduled to begin at 9:30 a.m. eastern time and will be shown on C-SPAN3 (click here to view live using RealPlayer; click here to view live using Windows Media Player).

Posted at 8:37 AM by Howard Bashman



“US court nixes state sex offender’s registration”: The Associated Press provides a report that begins, “A man who sent obscene material to minors over the Internet is not required to register as a sex offender because his particular crime was not on the list in the federal statute mandating registration, a three-judge federal panel ruled Wednesday. In a 2-1 decision, the 11th U.S. Circuit Court of Appeals panel overturned an order by U.S. District Judge Callie V.S. Granade of Mobile, Ala.”

At issue in the case is whether, under the Sex Offender Registration and Notification Act (SORNA), a man who transmitted obscene material to persons he believed to be minors thereby engaged in conduct that constitutes a “sex offense against a minor.”

Given the composition of yesterday’s divided three-judge panel, and the fact that a federal district judge sitting by designation cast the deciding vote, I would not be surprised if the U.S. Court of Appeals for the Eleventh Circuit granted rehearing en banc in the case.

You can access yesterday’s Eleventh Circuit ruling at this link.

Posted at 8:05 AM by Howard Bashman



“The California Supreme Court Holds that Good Samaritans Providing Nonmedical Aid Can Be Held Liable If They Act Negligently”: Anthony J. Sebok has this essay online at FindLaw.

Posted at 7:50 AM by Howard Bashman



Wednesday, January 14, 2009

“Obama, Biden pay visit to Supreme Court”: Mark Sherman of The Associated Press provides a report that begins, “President-elect Barack Obama paid a relaxed, pre-inaugural visit to the Supreme Court Wednesday at the invitation of the man whose confirmation he opposed.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “A Chat Around the Fireplace for Obama, Biden, and the Supreme Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A conversation at the fireplace.”

Posted at 8:09 PM by Howard Bashman



“US judge orders release of young Gitmo detainee”: Jesse J. Holland of The Associated Press has a report that begins, “A federal judge on Wednesday ordered the military to release one of its first Guantanamo Bay detainees, a 21-year-old man who has been detained and accused of being a terrorist since he was 14.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 5:58 PM by Howard Bashman



“Supreme Court limits ‘exclusionary rule’; The 5-4 decision allows police to use evidence seized under a search warrant that is later found to be faulty because of a computer or bookkeeping error”: David G. Savage of The Los Angeles Times has this news update.

Greg Stohr of Bloomberg News reports that “Illegally Seized Evidence Can Be Used, Top Court Says.”

At “SCOTUSblog,” Tom Goldstein has a post titled “The Surpassing Significance of Herring.”

And at “The Volokh Conspiracy,” Orin Kerr has this post about the ruling.

Posted at 3:47 PM by Howard Bashman



“In Invitation, CJ Roberts Promised A ‘Warm Welcome’ for Obama”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Today’s courtesy call at the Supreme Court by President-elect Barack Obama and Vice President-elect Joseph Biden was the result of a friendly written invitation to Obama from Chief Justice John Roberts Jr. dated Dec. 5.”

Posted at 3:38 PM by Howard Bashman



“Judical panel seems to back Manuel Noriega’s extradition to France”: Jay Weaver of The Miami Herald has a news update that begins, “Lawyers for Manuel Antonio Noriega, the jailed Panamanian general whose country was invaded by the United States almost two decades ago, faced tough questions Wednesday from an appeals court that seemed to support his extradition to France rather than his repatriation to Panama.”

The Associated Press reports that “Noriega fights extradition before appeals court.”

And CNN.com reports that “Courts try to decide what to do with Manuel Noriega.”

Update: Reuters reports that “Panama’s Noriega fights U.S. extradition to France.”

Posted at 12:00 PM by Howard Bashman



“Teacher-student sex ban doesn’t always apply, appeals court rules; State law does not ban teachers from having sex with 18-year-old students, according to a ruling by a unanimous panel of appellate judges”: The Seattle Times today contains an article that begins, “State law does not ban teachers from having sex with 18-year-old students, according to a unanimous ruling by a panel of appellate judges.”

The Tri-City Herald of Kennewick, Washington reports today that “Appeals court rules case of teacher, student having sex should be dismissed.”

And The Associated Press reports that “Teacher sex with 18-year-olds not illegal, court rules.”

An all-female three-judge panel of the Washington State Court of Appeals, Division II, issued yesterday’s ruling.

Elsewhere, an article published today in The Des Moines Register reminds us that teacher-student sex apparently remains illegal in Iowa even though the student is 18 years old.

Posted at 11:14 AM by Howard Bashman



“Remembering the Clinton-Gore Visit to the Supreme Court”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 11:00 AM by Howard Bashman



Access online today’s two U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases.

1. In Oregon v. Ice, No. 07-901, the Court ruled 5-4 that “[i]n light of historical practice and the States’ authority over administration of their criminal justice systems, the Sixth Amendment does not inhibit States from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences for multiple offenses.” You can access the opinion at this link. Because this case involves the allocation of sentencing powers between the judge and the jury, the outcome produced an unusual voting alignment typical of such cases. Justice Ruth Bader Ginsburg wrote the majority opinion, in which Justices John Paul Stevens, Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice Antonin Scalia wrote the dissenting opinion, in which the Chief Justice and Justices David H. Souter and Clarence Thomas joined. You can access the oral argument transcript at this link.

2. And in Herring v. United States, No. 07-513, the Court ruled 5-4 that “[w]hen police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements,the exclusionary rule does not apply.” You can access the opinion at this link. This case produced the more typical “conservative” versus “liberal” 5-4 split. The Chief Justice wrote the majority opinion, in which Justices Scalia, Kennedy, Thomas, and Alito joined. Justice Ginsburg wrote the lead dissent, in which Justices Stevens, Souter, and Breyer joined. Justice Breyer also wrote a separate dissent, in which Justice Souter also joined. You can access the oral argument transcript at this link.

At “SCOTUSblog,” Lyle Denniston has a post titled “Court expands judges’ sentencing powers.”

And The Associated Press reports that “Court says evidence valid despite police error” and “Court affirms judges’ discretion in sentencing.”

Posted at 10:45 AM by Howard Bashman