How Appealing



Monday, March 29, 2010

“Defending due process for Guantanamo detainees; Defense attorneys for Guantanamo detainees stand up for due process despite hate mail, threats, and Dick Cheney’s daughter”: The Christian Science Monitor has this report.

Posted at 8:52 AM by Howard Bashman



“Obama nominates Arizona judge to 9th Circuit Appeals Court; Mary Murguia, a Kansas native and twin of Janet Murguia, head of the National Council of La Raza, has served for 10 years on the federal district bench in Arizona”: Carol J. Williams had this article Saturday in The Los Angeles Times.

Posted at 8:45 AM by Howard Bashman



“In Berkeley, Yoo feels at home as a stranger in a strange land; The Bush administration lawyer who gave legal cover to enhanced interrogation methods says he’s happy teaching at Boalt Hall School of Law, despite calls for his ouster and protests by liberal groups”: Carol J. Williams has this front page article today in The Los Angeles Times.

Posted at 8:32 AM by Howard Bashman



Sunday, March 28, 2010

“Democrats Defend Appointments”: Monday’s edition of The New York Times will contain an article that begins, “A leading Republican predicted Sunday that President Obama’s appointment of 15 officials while sidestepping Senate confirmation would make it more difficult to get bipartisan support for future legislation.”

Posted at 10:30 PM by Howard Bashman



“Chief justice’s defeat in ’86 marked turning point; Contest altered complexion of judicial races; result set stage for GOP dominance on bench”: Jim Provance has this article today in The Toledo Blade.

Posted at 3:47 PM by Howard Bashman



“Time nearly up on malpractice suit against missing doctor; Family’s case against doctor who could not be found by legal deadline has gone to Texas Supreme Court”: Chuck Lindell has this interesting article today in The Austin American-Statesman.

Posted at 3:45 PM by Howard Bashman



“McDonald’s and strip-search victim settle lawsuit”: Yesterday’s edition of The Louisville Courier-Journal contained an article that begins, “With both sides unwilling to take their chances on an appeal, McDonald’s and strip-search victim Louise Ogborn have settled the lawsuit in which a jury awarded her $6.1 million.”

This blog’s earlier coverage of the case can be accessed here.

Posted at 3:37 PM by Howard Bashman



“Cocaine sentencing inequity goes to top court; Supreme Court will hear Percy Dillon’s plea for a substantial sentence reduction”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has this article about a case that is scheduled to be argued on Tuesday before the U.S. Supreme Court.

Posted at 3:29 PM by Howard Bashman



Saturday, March 27, 2010

“Courts Take On Campaign Finance Decision”: Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that “Rulings split on campaign fundraising; A three-judge panel rejects a GOP challenge to limits on direct contributions to candidates or political parties; A D.C. appeals court rules that independent groups may spend as much as they wish.”

And The Washington Post reports that “Ruling allows contributions to activist groups for campaigns.”

Posted at 9:58 PM by Howard Bashman



“An Exceptional Nominee”: Sunday’s edition of The New York Times will contain an editorial that begins, “The first major appeals-court nomination fight of the Obama presidency may be shaping up over Goodwin Liu, a highly qualified teacher and legal scholar.”

Posted at 9:54 PM by Howard Bashman



“Ruling on drug cases may spur appeals; Hundreds could seek new trial, early release”: The Boston Globe today contains an article that begins, “Hundreds of drug cases could be appealed and some convicted drug dealers could win early release because of a ruling by the state’s highest court yesterday that retroactively applies a new constitutional principle to drug trials held from 2005 to 2009, lawyers said. In a closely-watched, 6-to-1 decision, the Supreme Judicial Court moved to clear up confusion created last year when the US Supreme Court ruled that Massachusetts routinely violated the rights of defendants in drug trials by not having a chemist testify in person that a seized substance was in fact an illegal drug.”

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

Posted at 9:23 PM by Howard Bashman



“States fighting healthcare law don’t have precedent on their side; A 2005 Supreme Court ruling citing the authority to regulate commerce poses a problem for suits claiming it’s unconstitutional for the federal government to force individuals to have insurance”: David G. Savage has this front page article today in The Los Angeles Times.

Posted at 1:55 PM by Howard Bashman



“Appeals court upholds removal of Confederate plaques; Since-repealed provision dedicated state Supreme Court Building to Confederate veterans when it was built”: The Austin American-Statesman today contains an article that begins, “An Austin appellate court on Friday upheld the removal a decade ago of two politically charged plaques at the state Supreme Court building bearing the Confederate battle flag and seal.”

You can access yesterday’s ruling of the Third Court of Appeals of Texas at this link.

Posted at 8:00 AM by Howard Bashman



“Court tells poker players to fold ’em; State appeals panel overturns area judge’s ruling legalizing popular card game”: Today’s edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, “For fans of Texas Hold ‘Em Poker it’s a case of read ’em and weep. In potentially precedent-setting ruling, a three-member panel of state Superior Court on Thursday overturned a county judge’s ruling that had declared the popular card game to be legal.”

You can access Thursday’s ruling of a divided three-judge panel of the Superior Court of Pennsylvania at this link.

I had this post linking to various of the appellate briefs and the trial court’s opinion back in October 2009 on the day that I argued the appeal.

Posted at 7:48 AM by Howard Bashman



Friday, March 26, 2010

“Court: Seattle police OK to Taser pregnant woman.” The Associated Press has a report that begins, “A federal appeals court says three Seattle police officers were justified when they used a stun gun on a pregnant mother who refused to sign a traffic ticket.”

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

Posted at 4:30 PM by Howard Bashman



“Court strikes limits on contributions to independent political groups”: Dan Eggen of The Washington Post has this news update.

The Associated Press reports that “RNC loses bid to raise unlimited ‘soft’ money.”

At “SCOTUSblog,” Lyle Denniston has posts titled “Widening impact of Citizens United; Circuit nullifies donor limit” and “‘Soft money’ donation ban upheld; Broad GOP challenge rejected.”

And “The BLT: The Blog of Legal Times” has posts titled “D.C. Circuit Strikes Down Limits on Donations to Independent Political Groups” and “Citing Precedent, Panel Upholds Soft-Money Ban.”

The decisions being reported on consist of an en banc ruling of the U.S. Court of Appeals for the D.C. Circuit and the ruling of a three-judge court of the U.S. District Court for the District of Columbia.

Posted at 3:17 PM by Howard Bashman



“District’s Post-Heller Firearm Restrictions Are Upheld”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Judge Ricardo Urbina of the U.S. District Court for the District of Columbia has just ruled that the D.C. firearm ordinances enacted after the Supreme Court’s D.C. v. Heller decision in 2008 ‘permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home.’ Urbina ruled in a case brought by Dick Heller, the same plaintiff who challenged the previous D.C. ordinance at the Supreme Court.”

Michael Doyle of McClatchy’s Washington Bureau has a post titled “Heller shot down, judicially speaking, as court upholds D.C. gun regs” at his “Suits & Sentences” blog.

At “SCOTUSblog,” Lyle Denniston has a post titled “New D.C. gun laws upheld; Sequel to 2008 ruling.”

And The Associated Press reports that “Judge upholds DC’s post-Supreme Court gun laws.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 3:00 PM by Howard Bashman



“Appeals court scolds Wingate; Judge accepts blame for verdict held 6-plus years”: Yesterday’s edition of The Clarion-Ledger of Jackson, Mississippi contained an article that begins, “Chief U.S. District Judge Henry Wingate has been criticized by the 5th U.S. Circuit Court of Appeals after taking more than six years to enter a final judgment in a civil case.”

Footnote two on page three of this non-precedential Fifth Circuit ruling from last week gives rise to The Clarion-Ledger’s report.

Posted at 11:07 AM by Howard Bashman



“She’s 1-for-2 in sex-for-tix case; Not guilty of prostitution, guilty of attempted prostitution”: The Philadelphia Daily News today contains an article that begins, “Susan Finkelstein, whose 15 minutes of fame has finally come to an end after months of notoriety, was found not guilty yesterday of prostitution, but guilty of attempted prostitution by a Bucks County jury in her sex-for-World-Series-tickets trial.”

And today’s edition of The Philadelphia Inquirer contains an article headlined “Mixed verdict in tickets-for-sex trial.”

Posted at 11:02 AM by Howard Bashman



“After victory, conservatives mount new challenges to campaign finance limits”: Today’s edition of The Washington Post contains an article that begins, “In a small office overlooking Indiana’s Highway 40, James Bopp Jr. is preparing a nationwide assault on campaign finance regulations.”

Posted at 10:58 AM by Howard Bashman



“State High Court weighs strip club ‘pole tax'”: This article appears today in The San Antonio Express-News.

Today in The Austin American-Statesman, Chuck Lindell reports that “Texas Supreme Court tackles tax on strip clubs; Owners say fee violates free speech; officials say it aids public safety.”

And The Wall Street Journal reports that “‘Sin Tax’ Called Naked Money Grab.” You can access the full text of this article via Google News.

Via this post from yesterday evening, you can access the video of the oral argument.

Posted at 7:48 AM by Howard Bashman



“L.A. can bar Hare Krishnas from panhandling at airports, court rules; The California Supreme Court rules bans on solicitations do not violate state constitutional guarantees of free speech; The ruling covers all cities and counties in the state”: Maura Dolan and Dan Weikel have this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that “Airport money-raising ban ruled constitutional.”

And The Daily Breeze of Torrance, California reports that “Court rules in favor of LAX regulating Hare Krishna solicitors.”

My earlier coverage of yesterday’s Supreme Court of California ruling appears at this link.

And a related YouTube clip can be accessed here.

Posted at 7:42 AM by Howard Bashman



Thursday, March 25, 2010