How Appealing



Monday, November 9, 2009

“Home Court Showdown at the Supreme Court; Battle over wage-and-hour action against Hertz is all about location, location, location”: Marcia Coyle of The National Law Journal has this report.

Posted at 11:35 PM by Howard Bashman



“Justices Consider the Role of Age in Life Sentences”: Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Life Terms for Youth Offenders Reviewed.”

Warren Richey of The Christian Science Monitor has an article headlined “At Supreme Court, no accord over life sentences for juveniles; After two hours of arguments Monday, Supreme Court justices seem split on whether states can mete out life sentences to juveniles who aren’t killers.”

The Florida Times-Union has a news update headlined “U.S. Supreme Court considers two North Florida juvenile crime cases; Two teenagers were sentenced to life without parole for non-homicides crimes.”

The Washington Times has a news update headlined “Supreme Court looks at life sentences for juveniles.”

Bill Mears of CNN.com reports that “Justices debate life sentences for juveniles.”

James Vicini of Reuters reports that “Supreme Court considers life in prison for juveniles.”

Greg Stohr of Bloomberg News reports that “Life Sentences on Youths Divide U.S. Supreme Court.”

And Marcia Coyle of The National Law Journal reports that “Supreme Court Grapples With Constitutionality of Juvenile Sentences.”

Posted at 11:14 PM by Howard Bashman



“Supreme Court rules in local murder”: The Cincinnati Enquirer has a news update that begins, “Sharonville killer Robert Van Hook’s death sentence was reinstated Monday in the 1985 strangling and robbery of a Hyde Park man. The U.S. Supreme Court’s unanimous decision overturns a 2008 decision by a Cincinnati federal appeals court that set aside the death sentence, saying Van Hook had ineffective assistance from his lawyers.”

The Columbus Dispatch has a news update headlined “Supreme Court says Ohio killer should die.”

And The Associated Press reports that “Supreme Court reinstates death penalty of Ohioan.”

You can access today’s per curiam ruling of the U.S. Supreme Court at this link.

Posted at 8:24 PM by Howard Bashman



“Supreme court denies request to stay D.C. sniper’s execution”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court refuses to halt Beltway sniper’s execution; John Allen Muhammad was convicted of masterminding the shooting rampage that killed 10 people in the Washington area in 2002; He is to be put to death Tuesday.”

Tom Green of The Richmond Times-Dispatch has a news update headlined “U.S. Supreme Court refuses to block sniper’s execution.”

Warren Richey of The Christian Science Monitor has a news update headlined “John Allen Muhammad, D.C. sniper, loses Supreme Court appeal; The Supreme Court on Monday refused to block John Allen Muhammad’s execution, scheduled for Tuesday in a Virginia prison.”

Bill Mears of CNN.com reports that “Supreme Court won’t halt D.C. sniper’s execution.”

The New York Times has a news update headlined “Supreme Court Declines to Block Execution of Washington Sniper.”

The Washington Times has a news update headlined “Court refuses to halt sniper’s execution.”

Tuesday’s edition of The York (Pa.) Daily Record will contain an article headlined “Spring Garden woman remembers Beltway Sniper terror; Today’s planned execution of Beltway Sniper John Allen Muhammad brings back memories of a time of terror.”

The Telegraph (UK) reports that “Washington sniper to be executed without revealing how many victims he shot; John Allen Muhammad, the mastermind behind the murderous Washington sniper spree of 2002, is due to be executed in Virginia on Tuesday without revealing exactly how many victims he claimed.”

The Times of London reports that “Beltway sniper John Allen Muhammad to be executed by lethal injection.”

The Associated Press has reports headlined “US Supreme Court refuses to stop sniper execution” and “DC area relives terror as sniper’s execution nears.”

And Greg Stohr of Bloomberg News reports that “Convicted Sniper Muhammad Rejected by U.S. High Court.”

Posted at 8:17 PM by Howard Bashman



“High court seems to be taking a familiar split over life in prison for juveniles”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “U.S. Supreme Court considers limiting life prison terms for youths; The justices, in reviewing two Florida cases, seem inclined to prohibit life sentences without parole for young criminals who are not convicted of murder.”

The Miami Herald has a news update headlined “Attorneys for Florida juvenile ‘lifers’ present case to Supreme Court.”

Mark Sherman of The Associated Press reports that “High court looks at life sentences for juveniles.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “The Chief leads on juvenile sentences?”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Graham v. Florida, No. 08-7412.

Update: And you can access today’s oral argument transcript in Sullivan v. Florida, No. 08-7621, at this link.

Posted at 4:42 PM by Howard Bashman



“Justices Question Patent for Abstract Business Innovations”: John Schwartz of The New York Times has this news update.

Brent Kendall of Dow Jones Newswires reports that “Justices Skeptical in Patent Case on Business Methods.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Bilski Case Provokes Patent Skepticism from Justices.”

At “SCOTUSblog,” Lyle Denniston has a post titled “The ‘Lorenzo Jones’ case emerges.”

And earlier, in today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Justices to Study Patents on Business Methods.”

Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Bilski v. Kappos, 08-964, at this link.

Posted at 4:32 PM by Howard Bashman



“Court won’t hear case with conflict question”: The Associated Press has a report that begins, “The Supreme Court will not review an $18 million verdict won by a lawyer who served as a co-chairman of the trial judge’s re-election committee.”

Posted at 4:27 PM by Howard Bashman



Programming note: This afternoon, I’ll be delivering an appellate oral argument to a three-judge panel of the Commonwealth Court of Pennsylvania in an appeal that I previously mentioned in this post.

“SCOTUSblog” will provide timely coverage of today’s U.S. Supreme Court Order List, which should be available at this link shortly after 10 a.m. eastern time today. And you will be able to access the transcripts of today’s U.S. Supreme Court oral arguments via this link just as soon as the Court posts them online.

Additional posts will appear here later today.

Posted at 9:02 AM by Howard Bashman



“Juvenile life sentences go to high court”: Joan Biskupic has this article today in USA Today.

Robert Barnes of The Washington Post has a news update headlined “High court to look at life in prison for juveniles.” Today’s edition of that newspaper also contains an editorial entitled “Locked away forever: The Supreme Court case of a boy sentenced to a mandatory life sentence.”

Yesterday’s edition of The Miami Herald contained an article headlined “U.S. Supreme Court to review Florida juvenile ‘lifers’; Lawyers for two Florida men who were sentenced to life without parole as juveniles will argue to the U.S. Supreme Court Monday that the penalty is cruel and unusual.”

The Pittsburgh Post-Gazette contains an article headlined “Supreme Court decision could affect imprisoned teens.”

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “High Court Weighs Life Terms For Minors” featuring Nina Totenberg.

The New York Times contains an editorial entitled “Imprisoning a Child for Life.”

And today in The Boston Globe, Paul Farmer has an op-ed entitled “A 2d chance at freedom for juvenile offenders.”

Posted at 8:57 AM by Howard Bashman



“No refuge when innocent are framed”: The Des Moines Register today contains an editorial that begins, “Some U.S. Supreme Court members reacted with confusion bordering on dismay at arguments for dismissing a suit against former Pottawattamie County prosecutors accused of conspiring to put two men in prison for 25 years for a murder they did not commit.”

Posted at 8:47 AM by Howard Bashman



“Long wait may soon end for appeals court nominee from Md.; Federal judge in Baltimore could get confirmed today”: Today’s edition of The Baltimore Sun contains an article that begins, ” It has been nine years since federal District Judge Andre M. Davis of Baltimore was first nominated to fill the so-called Maryland seat on the U.S. Court of Appeals in Richmond, Va.”

Posted at 8:45 AM by Howard Bashman



“Microsoft Battles Novartis in High Court Patent Limits Dispute”: Greg Stohr of Bloomberg News has a report that begins, ” The U.S. Supreme Court today considers a patent dispute that will determine how much legal protection is afforded abstract business innovations and has drawn in companies including Microsoft Corp., Google Inc. and Novartis Corp.”

Posted at 8:40 AM by Howard Bashman



Sunday, November 8, 2009

“Supreme Court £350 fee for papers attacked”: Monday’s edition of Financial Times will contain an article that begins, “The new Supreme Court will charge members of the public a minimum of £350 a time to access documents — a fee critics say makes a mockery of official promises of open justice in the country’s most important cases.”

Posted at 8:45 PM by Howard Bashman



“Execution of Beltway sniper John Allen Muhammad is on schedule; In 2002, then-Atty. Gen. John Ashcroft ‘made the right call’ to try Muhammad and his accomplice in Virginia instead of Maryland; On Tuesday, he is set to die by lethal injection”: David G. Savage of The Los Angeles Times has this news update.

Posted at 8:44 PM by Howard Bashman



“Supreme Court to decide: What kind of innovations get a patent? The Supreme Court on Monday takes up this fundamental question in patent law; The answer holds billion-dollar implications for the US economy.” Warren Richey of The Christian Science Monitor has this report.

Posted at 8:40 PM by Howard Bashman



“Supreme Court case: juvenile offenders serving life in prison; The Supreme Court on Monday takes up two cases that explore the question: Should juveniles convicted of nonlethal crimes be sentenced to life in prison without parole?” Warren Richey of The Christian Science Monitor has this report.

Today’s edition of The Lakeland Ledger contains an article headlined “High Court To Review Sentences of Fla. Youth.”

Yesterday’s edition of The Nashua (N.H.) Telegraph contained an article headlined “High court may redefine case.”

Michael Kirkland of UPI has a report headlined “U.S. Supreme Court: Life without parole for a 13-year-old.”

CBS News legal analyst Andrew Cohen has a CourtWatch essay headlined “Young Lives, Long Sentences.”

And today in The News Journal of Wilmington, Delaware, law professor Alan E. Garfield has an op-ed entitled “Do kids belong in prison? The answer will say a lot about what type of society we are.”

Posted at 2:24 PM by Howard Bashman



“Quick, Patent It!” Today’s edition of The New York Times contains an editorial that begins, “The Supreme Court hears arguments Monday in a case about what kind of inventions deserve patents.”

And today in the News & Observer of Raleigh, North Carolina, Rob Tiller has an op-ed entitled “Patent law must not stifle innovation.”

Posted at 10:02 AM by Howard Bashman



“Wild card on the court”: Today in The Pittsburgh Tribune-Review, Brad Bumsted has an essay that begins, “To say the least, the state’s new Supreme Court Justice-elect, Joan Orie Melvin, who ran as a reformer and turned down the judicial pay raise, will be viewed with considerable skepticism by her colleagues on the high court. Her brethren will treat her with respect and courtesy, of course. But many of the justices will have a constant eye out for this Marshall mother of six. She now is, without question, the court’s wild card.”

Posted at 10:00 AM by Howard Bashman



Saturday, November 7, 2009

“In Robert Wone Case, Defense Lawyers Lodge Attack on Indictment”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:42 PM by Howard Bashman



“Pennsylvania should stop electing judges and use merit selection”: Lynn A. Marks and Shira J. Goodman have this op-ed in The Patriot-News of Harrisburg, Pennsylvania.

Posted at 3:38 PM by Howard Bashman



“High court to look at life in prison for juveniles”: Mark Sherman of The Associated Press has this report.

Today’s edition of The Los Angeles Times contains an editorial entitled “Cruel life in prison: Juvenile offenders should not receive a sentence that offers no hope for eventual release.”

Monday’s edition of The Washington Times will contain an editorial entitled “Full ‘time’ for heinous crimes: Some juvenile criminals merit no parole.”

At AlterNet, Liliana Segura has an article headlined “16-Year Old Got Life Without Parole for Killing Her Abusive Pimp — Should Teens Be Condemned to Die in Jail?”

In this past Wednesday’s edition of The Milwaukee Journal Sentinel, columnist Patrick McIlheran had an op-ed entitled “Endangering the next victim.”

Online at FindLaw, Kristin Henning has an essay entitled “The Case Against Juvenile Life Without Parole: Good Policy and Good Law.”

And at Psychology Today’s “plus2sd” blog, Dr. Gregory Berns has a post titled “My Immature Brain Made Me Do It? Should the ‘adolescent brain’ be a mitigating factor when sentencing juveniles?”

Posted at 10:58 AM by Howard Bashman



“U.S. top court to hear business method patent case”: Reuters has this report.

law.com’s Tony Mauro has an article headlined “A Math Geek’s Ride to the High Court in Landmark Patent Fight.”

The Associated Press reports that “Software cos. eye key patent case in Supreme Court.”

And at Forbes.com, you can access an article headlined “Dark Cloud For The Software Industry; Tech companies worry the Supreme Court may go too far in a weather derivatives case and ban patents on anything that doesn’t involve a machine.”

Posted at 10:40 AM by Howard Bashman



“Ruling gives Crown stronger shield against lawsuits”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “Crown attorneys are breathing easy today after a Supreme Court of Canada ruling made it exceedingly difficult to sue them for malicious prosecution. The 7-0 ruling overturned a finding of civil liability against a Saskatchewan prosecutor who had pursued a bizarre case where children claimed to have been sexually abused and forced to participate in mutilation and ritualistic killings of animals, dismemberment of babies and drinking of human blood.”

Today’s edition of The Saskatoon StarPhoenix contains an article headlined “Prosecutor ‘relieved’ at decision’ ‘I got what I want,’ Richard Klassen says.”

The Canadian Press has a report headlined “Prosecutor not malicious in pressing satanic sex-abuse case: Supreme Court.”

Canwest News Service reports that “Ruling in ‘satanist’ case gives prosecutors more leeway.”

And CBC News reports that “Saskatchewan prosecutor wins Supreme Court appeal.”

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

Posted at 10:30 AM by Howard Bashman



Friday, November 6, 2009