How Appealing

Tuesday, March 17, 2009

“A Low-Profile Ride to Top of High Court Bar”:’s Tony Mauro has an article that begins, “On March 4, the morning he won the biggest Supreme Court case of his career, David Frederick happened to be in Baltimore at a business meeting with Peter Angelos, the famed trial lawyer and Baltimore Orioles owner.”

Posted at 11:25 PM by Howard Bashman

“Obama Administration: Constitution Does Not Protect Cell-Site Records.” At’s “Threat Level” blog, David Kravets has a post that begins, “The Obama administration says the Fourth Amendment prohibition against unreasonable searches and seizures does not apply to cell-site information mobile phone carriers retain on their customers. The position is being staked out in a little-noticed surveillance case pending before the 3rd U.S. Circuit Court of Appeals in Philadelphia. The case has wide-ranging implications for Americans, as most citizens have or will carry a mobile phone in their lifespan.”

You can view the federal government’s appellate brief at this link.

Posted at 6:20 PM by Howard Bashman

“Feds: Send him to prison; The ex-Qwest CEO must show his verdict is wrong, the filing says.” The Denver Post today contains an article that begins, “Former Qwest chief executive Joe Nacchio should not be allowed to remain free on bail because he has not met the heavy burden of showing that his insider-trading conviction is incorrect, the government argued in a court filing Monday.”

The Denver Business Journal reports that “Nacchio asks for prison delay for possible cancer treatment.”

The Associated Press has a report headlined “Documents: Nacchio examined for skin cancer.”

And Reuters reports that “Nacchio may need delay for cancer surgery.”

Posted at 6:12 PM by Howard Bashman

“Feds won’t seek death-penalty trial for Nichols”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “Federal prosecutors in Atlanta will not seek the death penalty against courthouse killer Brian Nichols, the U.S. Attorney’s Office announced Tuesday. Nichols was sentenced to life in prison without parole after a Fulton County jury was unable to reach a unanimous verdict, deadlocking 9-3 in favor of a death sentence.”

And The Associated Press reports that “Feds won’t prosecute convicted courthouse gunman.”

Posted at 5:54 PM by Howard Bashman

“Justice Ginsburg to Have Precautionary Chemotherapy”: Robert Barnes of The Washington Post has this news update.

James Vicini of Reuters reports that “Supreme Court’s Ginsburg to undergo chemotherapy.”

Bill Mears of reports that “Justice Ginsburg to undergo ‘precautionary’ chemotherapy.”

Ariane de Vogue of reports that “Ginsburg to Begin ‘Precautionary’ Chemo; Cancer Surgery, Now Chemotherapy: Supreme Court Justice Says She Plans to Keep Working.”

The Associated Press reports that “Justice Ginsburg says she will have chemotherapy.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Ginsburg Upbeat About Her Health.”

The Public Information Office of the U.S. Supreme Court issued this news release today.

Posted at 5:17 PM by Howard Bashman

“With pick of judge, Obama begins reshaping bench”: The Associated Press has a report that begins, “President Barack Obama on Tuesday nominated an Indiana judge to serve on a midwestern federal appeals court, his first act in reshaping the federal judiciary and preparing for a possible Supreme Court opening.”

Posted at 5:10 PM by Howard Bashman

“La. Supreme Court OKs 10-2 verdicts”: The Associated Press has a report that begins, “The Louisiana Supreme Court on Tuesday upheld state law allowing juries to convict felony defendants by votes of 10-to-2. Death penalty cases in Louisiana require unanimous verdicts from 12-member juries, but the law allows non-unanimous verdicts of 10-2 in felony cases where the punishment is imprisonment at hard labor.”

The majority opinion representing today’s ruling of the Supreme Court of Louisiana was written by Justice Chet D. Traylor, who will soon be retiring from that court (see also this post at “The Bartlett Blawg”).

Posted at 4:57 PM by Howard Bashman

“Moderate Is Said to Be Pick for Court”: Today in The New York Times, Neil A. Lewis has an article that begins, “President Obama is expected to name his first candidate to an appeals court seat this week, officials said, choosing David F. Hamilton, a highly regarded federal trial court judge from Indiana, for the appeals court in Chicago.”

The Indianapolis Star has a news update headlined “Ind. judge could be named to appeals court.”

David G. Savage of The Los Angeles Times has a news update headlined “Obama announces first judicial nomination; The president taps Judge David F. Hamilton of southern Indiana for 7th Circuit Court of Appeals in Chicago; A conservative legal group immediately objects, calling Hamilton an ‘ultra-liberal.’

Michael A. Fletcher of The Washington Post has a blog post titled “Obama Announces Nominee for Appeals Court.”

The Associated Press reports that “Obama chooses Indiana judge for US appeals court.”

And at, Josh Gerstein has an article headlined “Bipartisan aim for judge picks — for now.”

You can access the official White House announcement at this link and news release at this link. If confirmed, the nominee would fill the vacancy created when Seventh Circuit Judge Kenneth F. Ripple took senior status. You can access the Federal Judicial Center biography of U.S. District Judge David F. Hamilton at this link.

Posted at 4:40 PM by Howard Bashman