How Appealing



Friday, March 27, 2009
Thursday, March 26, 2009

“Environmental policy a specialty of Obama’s solicitor general”: Greenwire has this article online at the web site of The New York Times.

Posted at 11:44 PM by Howard Bashman



“‘Survivor’ star Hatch seeks early release from prison”: Katie Mulvaney of The Providence Journal has a blog post that begins, “He bared it all as the ‘Survivor’ show’s first star, and now Richard Hatch wants to get out of jail — immediately.”

And The Associated Press reports that “Survivor winner seeks release from US prison.”

You can access the pro se habeas petition at this link.

Posted at 8:14 PM by Howard Bashman



“Who’s Policing the Fourth Amendment? Two cases push the unevenly enforced exclusionary rule closer to repeal.” David G. Savage will have this article in the April 2009 issue of the ABA Journal magazine.

Posted at 5:07 PM by Howard Bashman



“A Busy April for Civil Rights Litigation at the Supreme Court”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 4:55 PM by Howard Bashman



“Hundreds of Pa. juvenile convictions reversed”: The Associated Press has a report that begins, “Pennsylvania’s highest court on Thursday overturned hundreds of juvenile convictions issued by a corrupt judge accused of taking millions of dollars in kickbacks to send kids to privately owned detention centers.”

The Citizens Voice of Wilkes-Barre, Pennsylvania has a news update headlined “Judge orders expungement of juvenile court records.”

And The Philadelphia Inquirer has a news update headlined “Court overturns hundreds of cases in court scandal.”

You can view today’s order of the Supreme Court of Pennsylvania at this link. And the Administrative Office of Pennsylvania Courts today issued a news release headlined “Supreme Court of Pennsylvania Approves Expungement of Juvenile Records in Luzerne County.”

Posted at 4:40 PM by Howard Bashman



“Former Ala. gov., HealthSouth CEO seek full review”: The Associated Press has a report that begins, “Former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy are asking the full 11th U.S. Circuit Court of Appeals to review arguments to overturn their convictions in a government corruption case.”

Posted at 3:11 PM by Howard Bashman



“Obama Backs Banks, Seeks to Block State Fair-Lending Crackdown”: Greg Stohr of Bloomberg News has a report that begins, “The Obama administration’s call for greater financial regulation may have its limits. The administration late yesterday urged the Supreme Court to bar New York and other states from enforcing their fair-lending and other consumer-protection laws against federally chartered banks including JPMorgan Chase & Co. and Wells Fargo & Co.”

Posted at 2:22 PM by Howard Bashman



“Arizona’s high court bans school vouchers”: The Arizona Republic today contains an article that begins, “The Arizona Supreme Court on Wednesday declared the state’s school-voucher programs unconstitutional because they violate a ban against appropriating public money for private or religious schools. The unanimous decision shuts the door on vouchers in Arizona unless voters agree to a statewide ballot measure to change the state Constitution.”

And Howard Fischer of The Arizona Daily Star reports today that “AZ vouchers for schools ruled illegal; High-court ruling for public education overturns ’06 programs of Legislature.”

You can access yesterday’s ruling of the Supreme Court of Arizona at this link.

Posted at 8:00 AM by Howard Bashman



“High court unanimous in decisions so far”: Today’s edition of The Charleston (W. Va.) Daily Mail contains an article that begins, “So far this term, the state Supreme Court has delivered unanimous decisions in every one of the 19 appeals it has heard. The five judges have been in agreement on every case since the term began Jan. 13. It seems to be a shift from recent years. Prior to the November election that changed the make-up of the court, many decisions split the justices 3-2.”

Posted at 7:58 AM by Howard Bashman



“Elena Kagan and the GOP’s perilous partisanship: Thirty-one Republican senators voted against her nomination as solicitor general; That could tempt Obama to ignore the minority’s views when it comes to picking a Supreme Court justice.” This editorial appears today in The Los Angeles Times.

Posted at 7:48 AM by Howard Bashman



“State court leaves room for Lokuta”: Today’s edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article that begins, “Ann H. Lokuta won a huge victory in her fight to regain her seat on the Luzerne County bench Wednesday when the state Supreme Court stopped an election to replace her and opened the door for a possible reargument of her case. The state’s highest court stayed a state Court of Judicial Discipline decision removing Lokuta from the bench. It also ordered the discipline court to determine whether it should reconsider that decision in the light of federal corruption charges lodged against three high-ranking county court officials who testified against Lokuta.” The newspaper also reports today that “Judicial candidates undeterred by ruling.”

And today’s edition of The The Times Leader of Wilkes-Barre contains articles headlined “Ruling: Keep Lokuta seat off ballot; Decision removing judge from office stayed” and “Ruling could keep seat empty until 2012; Although Lokuta not serving, state Supreme Court’s order means her seat is not vacant.”

You can access yesterday’s order of the Supreme Court of Pennsylvania at this link. And former Judge Lokuta’s application for a stay can be accessed here.

Posted at 7:42 AM by Howard Bashman



Wednesday, March 25, 2009

“ACLU sues DA in nude photo trading case”: The Times-Tribune of Scranton, Pennsylvania has a news update that begins, “The American Civil Liberties Union has filed a lawsuit against the Wyoming County District Attorney on behalf of three teenage girls who may face felony charges for having semi-nude pictures of themselves traded by classmates using cell phones.” The article provides links to that newspaper’s earlier coverage of these events.

Reuters reports that “Prosecutor sued over semi-nude teen photos case.”

And at Wired.com’s “Threat Level” blog, Kim Zetter has a post titled “ACLU Sues Prosecutor Over ‘Sexting’ Child Porn Charges.”

The American Civil Liberties Union of Pennsylvania today issued this news release and posted online a copy of its federal court complaint initiating suit.

Posted at 5:17 PM by Howard Bashman



It’s a big deal for tax lawyers — U.S. Court of Appeals for the First Circuit grants rehearing en banc in United States v. Textron Inc. On January 23, 2009, The New York Times contained an article headlined “I.R.S. Is Thwarted as Court Shields Textron Tax Papers” that begins:

The Internal Revenue Service suffered a setback late Wednesday in its crusade against corporate tax shelters when an appeals court ruled that Textron, the maker of Cessna airplanes, did not have to turn over internal papers detailing its use of aggressive tax shelters.

According to the article, “The case has been closely watched by large corporations and their lawyers and accountants, who fear having to disclose potentially damaging deliberations regarding shelters that the I.R.S. considers abusive.”

The article reported on a ruling that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued on January 21, 2009. In other coverage of that ruling, Reuters reported that “U.S. court rules Textron can keep paperwork from IRS.”

Today, however, the First Circuit entered an order granting rehearing en banc in the case, which means that all five active First Circuit judges are slated to rehear this appeal at an oral argument scheduled for June 2, 2009.

Update: “TaxProf Blog” links to its earlier coverage of this case in this new post.

Posted at 5:00 PM by Howard Bashman



“One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009.” But, because an appeal that the U.S. Court of Appeals for the Seventh Circuit decided today involves the so-called “cat’s paw” theory, that’s exactly what has happened.

Today’s opinion, written by Circuit Judge Terence T. Evans, begins:

One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that’s the situation in this case as we try to make sense out of what has been dubbed the “cat’s paw” theory. The term derives from the fable “The Monkey and the Cat” penned by Jean de La Fontaine (1621-1695). In the tale, a clever–and rather unscrupulous–monkey persuades an unsuspecting feline to snatch chestnuts from a fire. The cat burns her paw in the process while the monkey profits, gulping down the chestnuts one by one. As understood today, a cat’s paw is a “tool” or “one used by another to accomplish his purposes.” Webster’s Third New International Dictionary (1976). More on this a little later.

You can access a translation of the fable at this link, and the fable apparently has inspired at least several artists (see here and here).

Posted at 4:42 PM by Howard Bashman



Seventh Circuit decides appeal involving approximately 81,454 cans of baby formula: I guess the U.S. Department of Justice is free to attempt to approximate with exactitude, instead of using round numbers like 81,500. At least that appears to be the federal government’s position given the caption of the case known as United States v. Approximately 81,454 Cans of Baby Formula.

Incredibly, it’s another one of those “use by” versus “best when purchased by” date cases, and (as with the Beanie Baby line of appellate litigation) apparently this all but guarantees that Circuit Judge Richard A. Posner will be the opinion’s author. Unlike last time, when the federal government’s attorney failed to emerge unscathed, today the federal government actually wins the appeal. And, as a result, the baby formula — or at least its usefulness as a nutritious beverage — is on the losing end of today’s ruling.

Posted at 4:08 PM by Howard Bashman



Today’s U.S. Supreme Court opinion in an argued case: The Court today issued its opinion in Puckett v. United States, No. 07-9712. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice David H. Souter issued a dissenting opinion, in which Justice John Paul Stevens joined. You can access the ruling at this link and the oral argument transcript at this link.

Update: The Associated Press reports that “Court rules for government in plea deal dispute.”

Posted at 10:08 AM by Howard Bashman



“Supreme Court hears free-speech case on ‘Hillary: The Movie’; A majority of justices appear to agree that limits on corporate campaign spending violate free speech; The question is whether they will strike down some or all such restrictions.” David G. Savage has this article today in The Los Angeles Times. In addition, the newspaper contains an editorial entitled “Looking at ‘Hillary: The Movie’; Should 1st Amendment protections apply to a documentary critical of Hillary Clinton?

Today in USA Today, Joan Biskupic reports that “High court hears arguments over anti-Clinton film.”

Michael Doyle of McClatchy Newspapers has an article headlined “Political ad or free speech? Anti-Hillary film gets court screening.”

The Washington Times reports that “Justices view ‘Hillary’ movie; Group argues election film not campaign advocacy.”

Bill Mears of CNN.com reports that “‘Hillary: The Movie’ gets high court attention.”

And Josh Gerstein of Politico.com reports that “SCOTUS argues anti-Clinton film.”

Posted at 9:40 AM by Howard Bashman



“Security Worries in the Suburbs; Possible Move of Terrorist Suspects To Alexandria for Trial Raises Outcry”: Jerry Markon has this article today in The Washington Post.

Posted at 9:30 AM by Howard Bashman



“Ex-judge fights to have his pension reinstated; A former Creek County judge who was convicted of indecent exposure is asking an Oklahoma County judge to reinstate his judicial retirement pay”: The Tulsa World contains this article today.

Posted at 9:17 AM by Howard Bashman