How Appealing



Thursday, August 20, 2009

“Lawyer: FBI Paid Right-Wing Blogger Charged With Threats.” At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A notorious New Jersey hate blogger charged in June with threatening to kill judges and lawmakers was secretly an FBI ‘agent provocateur’ paid to disseminate right-wing rhetoric, his attorney said Wednesday.”

Posted at 1:42 PM by Howard Bashman



“This case raises an Establishment Clause challenge to religious displays at a contract postal unit operated by a church in Manchester, Connecticut.” So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.

The court’s opinion holds that an Establishment Clause violation occurred and requires by way of remedy that “the postal counter be free of religious material, and that visual cues distinguish the space operating as a postal facility from the space functioning as the private property of the Church.”

Posted at 10:32 AM by Howard Bashman



“Appeals court overturns Holocaust looted-art law, but Norton Simon suit continues”: This post appears at the “Culture Monster” blog of The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle has a blog post titled “Holocaust art ruling.”

And The Pasadena Star-News reports that “Legal fight over Norton Simon art can go forward, court rules.”

You can access yesterday’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:25 AM by Howard Bashman



Wednesday, August 19, 2009

“Texas Judge Denies Fault in Handling of Appeal”: Thursday’s edition of The New York Times will contain an article that begins, “Accused of denying a condemned man the chance for a last appeal hours before the state’s lethal drug cocktail stopped his heart, the highest-ranking criminal judge in Texas was called to the witness stand on Wednesday for the second day to defend her decision, her reputation and potentially her job.”

Texas Lawyer has an article headlined “Finger-Pointing Abounds at Hearing Into Misconduct Claims Against Texas Judge; Court of Criminal Appeals Judge Sharon Keller is accused of ignoring a last-minute appeal that could have halted the execution of a death row inmate in 2007.”

And The Associated Press reports that “Judge stands by closing ahead of death-row appeal.”

Posted at 11:45 PM by Howard Bashman



“Judge sets January trial for Prop. 8 lawsuit”: Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “January trial set for U.S. court challenge to California’s gay-marriage ban.”

The Christian Science Monitor reports that “Date set for challenge of California gay-marriage ban; On Jan. 11, the two lawyers who argued the Bush v. Gore in 2000 will begin their case against Proposition 8.”

And The Associated Press reports that “Judge sets January trial date for Prop. 8 case.”

Posted at 11:22 PM by Howard Bashman



“Under questioning, Keller denies violating court rules in death row case; In not allowing a late appeal, judge says it was ‘a close call’ but the right decision”: Chuck Lindell has this article today in The Austin American-Statesman.

And today’s edition of The San Antonio Express-News contains an article headlined “Judge Keller tells her side of the story.”

Posted at 10:25 AM by Howard Bashman



“A Conservative’s Road to Same-Sex Marriage Advocacy”: Today’s edition of The New York Times contains an article that begins, “Theodore B. Olson’s office is a testament to his iconic status in the conservative legal movement.”

Posted at 9:35 AM by Howard Bashman



Tuesday, August 18, 2009

“After Settlement in Amtrak Case, Opinions Erased From Lexis and Westlaw”: Shannon P. Duffy will have this article Wednesday in The Legal Intelligencer.

Posted at 11:30 PM by Howard Bashman



“Sotomayor’s first Supreme Court vote doesn’t halt execution; Newly seated justice joins three liberals in unsuccessful attempt to stop death of convicted hit man Jason Getsy, who was put to death Tuesday”: David G. Savage will have this article Wednesday in The Los Angeles Times.

In Wednesday’s edition of The New York Times, Adam Liptak will have an article headlined “Sotomayor Casts First Vote on Court.”

And in other news, E! Online reports that “J.Lo Throws Dinner Party for Sonia Sotomayor.”

Posted at 11:22 PM by Howard Bashman



“Debating campaign speech: In a key case, the Supreme Court could repair campaign-finance law without relaxing needed regulation.” This editorial appears today in The Los Angeles Times.

Posted at 11:14 PM by Howard Bashman



“Microsoft asks court to hold off on Word ban”: The Associated Press has a report that begins, “Microsoft Corp. is asking the U.S. Court of Appeals for the Federal Circuit to allow it to keep selling Word software as it fights an unfavorable patent ruling.”

Posted at 11:04 PM by Howard Bashman



“As between the prosecutor and the trial judge, who determines which conviction to vacate when a defendant has been convicted of multiplicitous offenses in violation of the Double Jeopardy Clause?” A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers “the trial judge” in a decision issued today.

Posted at 4:02 PM by Howard Bashman



“Deposition could help Keller”: The San Antonio Express-News has an update that begins, “When lawyers for death row inmate Michael Richard attempted to file a last-minute appeal with Texas’ highest criminal court on the night of his execution, they were stymied by Judge Sharon Keller, prosecutors said Monday as Keller’s judicial misconduct hearing began.”

And The Associated Press reports that “Lawyers spar in trial of judge over death-row case.”

Posted at 3:44 PM by Howard Bashman



“Appeals court overturns ex-Brocade CEO Gregory Reyes’ conviction”: Howard Mintz of The San Jose Mercury News has an update that begins, “A federal appeals court today reversed the stock-option backdating convictions of former Brocade Communications Chief Executive Gregory Reyes, concluding that his 2007 trial was tainted by prosecutorial misconduct.”

The Associated Press reports that “Appeals court orders new trial in Brocade case.”

And Bloomberg News reports that “Ex-Brocade Chief Gregory Reyes Wins Bid for New Trial.”

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

Posted at 3:20 PM by Howard Bashman



“Appeals court takes up NFL suspensions case”: The Associated Press has a report that begins, “The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league’s anti-doping policy.”

Previously, The Minneapolis Star Tribune reported that “Williamses case waits for federal panel’s ruling; The Vikings’ All-Pro defensive tackles are eligible to play while determining if district or state court will hear the case.”

Posted at 11:44 AM by Howard Bashman



Monday, August 17, 2009

“Supreme Court Orders New Look at Death Row Case”: Adam Liptak will have this article Tuesday in The New York Times.

Tuesday’s edition of The Los Angeles Times will contain an article headlined “Supreme Court orders new hearing for Georgia death row inmate; The surprising move may indicate that the federal justice system is moving away from its conservative position on death penalty appeals.”

And law.com reports that “Split Supreme Court Orders Review of Death Row Inmate’s Claims That Witnesses Recanted Testimony.”

Posted at 11:25 PM by Howard Bashman



“Judge’s hearing begins amid protests”: The San Antonio Express-News has an update that begins, “As attorneys for both sides delivered lengthy opening statements Monday morning in the public inquiry of embattled Texas Court of Appeals Judge Sharon Keller, they agreed on at least one thing.”

And The Associated Press reports that “Judge on trial says another aware of late appeal.”

Posted at 4:22 PM by Howard Bashman



“Gay marriage supporters tangle over legal strategy”: In today’s edition of The San Jose Mercury News, Howard Mintz has an article that begins, “As a federal judge this week tries to herd the legal challenge over Proposition 8 toward a trial, one of his tasks will be to sort through the simmering tensions over legal strategy within the pro-gay marriage movement.”

And The Associated Press reports that “Obama disses marriage law as Justice defends it.”

Posted at 2:24 PM by Howard Bashman



“Prosecutors file arguments for Bonds evidence”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Federal prosecutors in the perjury case against former Giants star Barry Bonds have made their final written plea to a federal appeals court to allow potentially crucial evidence tying Bonds to drug tests that allegedly showed he used steroids.”

Posted at 2:14 PM by Howard Bashman



“Sixteen years later, Christoff saw his face on a jar of Taster’s Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years.” The Supreme Court of California today issued its ruling in the case captioned Christoff v. Nestle USA, Inc.

According to today’s ruling, “The trial court applied a two-year statute of limitations and instructed the jury to determine under the discovery rule whether Christoff knew or should have known earlier that Nestle had used his image. The jury found that Christoff did not know, and should not reasonably have suspected prior to seeing the jar, that his image was being used without his consent and awarded him more than $15 million in damages.”

Posted at 2:10 PM by Howard Bashman