How Appealing



Monday, August 17, 2009

“Court says Troy Davis can present evidence; Condemned killer on death row for murder of off-duty police officer”: Bill Rankin of The Atlanta Journal-Constitution has this news update.

Posted at 11:54 AM by Howard Bashman



“Hearing on innocence claim ordered”: This morning at “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court, splitting 6-2, on Monday ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis.”

And The Associated Press reports that “Supreme Court says Georgia man should get hearing.”

You can access the U.S. Supreme Court‘s order, and a concurring opinion by Justice John Paul Stevens, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined, by clicking here. You can access the dissenting opinion of Justice Antonin Scalia, in which Justice Clarence Thomas joined, by clicking here.

Posted at 10:50 AM by Howard Bashman



“Death penalty debate peripheral to Keller trial; Proceedings begin Monday in San Antonio courtroom on complaint criminal appeals judge blocked stay of execution request”: Chuck Lindell has this article today in The Austin American-Statesman. The newspaper also contains an editorial entitled “Keller drags Texas through the mud.”

Posted at 10:40 AM by Howard Bashman



Sunday, August 16, 2009

“Man Challenges Ban On Fortunetelling; Self-Described Gypsy Who Wants To Open Shop Says Law Is Biased”: This article will appear Monday in The Washington Post.

Posted at 11:07 PM by Howard Bashman



“Fate of high-level Texas judge rests in San Antonio courtroom”: Monday’s edition of The San Antonio Express-News will contain an article that begins, “For almost two years, protesters statewide and nationally have called for the forced resignation of Sharon Keller, one of Texas’ highest-echelon judges, over charges of unethical conduct after she refused to accept a last-minute appeal from a death row inmate. Starting today, a rare hearing will begin in San Antonio that could help settle the matter.”

And The Associated Press reports that “Texas judge ended day as death row appeal waited.”

Posted at 9:54 PM by Howard Bashman



Saturday, August 15, 2009

“Critics want to bench Judge Manuel L. Real; He is 85 and has sat on the U.S. District Court bench in L.A. since 1966; He wields his gavel despite complaints about his imperious behavior and frequent reversals by appellate courts”: Carol J. Williams will have this article Sunday in The Los Angeles Times.

Posted at 11:45 PM by Howard Bashman



“Gunning for the District: For some gun advocates, securing the right to keep and bear arms at home wasn’t enough.” This editorial appears today in The Washington Post.

Posted at 11:34 PM by Howard Bashman



“Luckless Predator Only Attracted to Undercover Cops”: At Wired.com’s “Threat Level” blog, Kevin Poulsen has a post that begins, “It’s official. There’s nobody in the chat rooms but pedophiles and undercover police. On Thursday, a federal appeals court upheld the conviction of an Indiana man whose online efforts to proposition underage girls led him to not one, not two, but three undercover cops, none of whom apparently knew about the others.”

You can access this past Thursday’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 11:30 PM by Howard Bashman



“Blogger’s Case Could Test the Limits of Political Speech; New Jersey Man Was Arrested After Writing That 3 Judges ‘Deserve to Be Killed'”: Sunday in The Washington Post, Peter Slevin will have an article that begins, “Internet radio host Hal Turner disliked how three federal judges rejected the National Rifle Association’s attempt to overturn a pair of handgun bans.”

Posted at 11:23 PM by Howard Bashman



“Will Critical Review Keep Judge From D.C. Circuit Slot? D.C. Court of Appeals Judge Vanessa Ruiz slammed in evaluation for taking too long on cases.” law.com has this report.

Posted at 10:52 PM by Howard Bashman



Friday, August 14, 2009

“Effective at noon on Friday, August 14, 2009, Hon. Alice M. Batchelder of Medina, Ohio, became Chief Judge of the Sixth Circuit, succeeding Hon. Danny J. Boggs, who had served in that capacity since October 1, 2003.” So states a notice posted today at the home page of the U.S. Court of Appeals for the Sixth Circuit.

A reader emails, “Note that Judge Batchelder’s 65th birthday is tomorrow.” Thus, by stepping down as Chief Judge today instead of serving his full seven-year term as the Sixth Circuit’s Chief Judge — which apparently would have expired sometime in 2010 — Judge Boggs has allowed Judge Batchelder to become the Sixth Circuit’s Chief Judge, a post she would have been statutorily ineligible to assume once she turned 65 years of age.

Posted at 4:15 PM by Howard Bashman



“This case reminds us again of the utility of communication to prevent injury, even in the pastoral setting of a golf course and in the context of a game in which etiquette is as integral as skill.” So begins an opinion that a three-judge panel of the Superior Court of Pennsylvania issued yesterday.

As the opinion explains, “On June 15, 2007, Zeidman, Larry Rashkow and Fisher were competing in a charity golf outing at Springfield Country Club when a duck hook hit by Fisher, acknowledged to drive the ball upwards of 300 yards, struck Zeidman in the face causing serious and permanent injuries.”

Update: Staying on the golf theme, today’s lone opinion of the U.S. Court of Appeals for the Federal Circuit involves a dispute over golf ball patents.

Second update: In coverage of that Federal Circuit ruling, Brent Kendall of Dow Jones Newswires reports that “US Appeals Court Orders New Trial In Golf Ball Patent Case.”

Posted at 11:14 AM by Howard Bashman



Thursday, August 13, 2009

“The Last Abortion Doctor: For thirty-six years, Warren Hern has been one of the few doctors in America to specialize in late abortions; George Tiller was another; And when Dr. Tiller was murdered that Sunday in church, Warren Hern became the only one left.” The September 2009 issue of Esquire magazine will contain this lengthy article.

Posted at 10:25 AM by Howard Bashman



Hands-free cell phone challenge “has no legs whatever,” Seventh Circuit holds: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision affirming a federal district court’s dismissal of a class action “challenging the constitutionality of a Chicago municipal ordinance that prohibits the use of wireless telephones without a ‘hands-free’ device while driving a motor vehicle.”

Posted at 10:15 AM by Howard Bashman



“Dr Pepper Snapple Group Must Face Suit Over ‘All Natural’ Label”: Bloomberg News has an article that begins, “Dr Pepper Snapple Group Inc., the beverage company spun off by Cadbury Plc last year, must face a lawsuit alleging its Snapple iced tea was deceptively promoted as ‘all natural,’ a federal appeals court ruled.”

My earlier coverage of yesterday’s Third Circuit ruling appears at this link.

Posted at 9:32 AM by Howard Bashman



Lehigh Valley IronPigs 10, Louisville Bats 9 (10 innings): Yesterday evening, my son and I traveled to Coca-Cola Park in Allentown, Pennsylvania to watch the AAA affiliate of the Philadelphia Phillies host the AAA affiliate of the Cincinnati Reds. It was also J.A. Happ bobblehead giveaway night.

We had great seats directly behind home plate, and we ended up sitting next to Bats starting pitcher Ben Jukich, who was charting the pitches with a radar gun and who will be tonight’s starting pitcher for the Bats.

IronPigs outfielder Michael Taylor — who we last saw play last month in the AA Eastern League All-Star Gamehit for the cycle and went 5-for-5 at the plate. He completed the cycle with a game-tying solo home-run in the bottom of the 9th inning. The ‘Pigs won on a walk-off single with one out in the bottom of the 10th inning with runners on first and third and both the infield and outfield playing in.

You can access the box score at this link, the game recap at this link, and wraps here, here, and here.

Posted at 9:00 AM by Howard Bashman