How Appealing



Friday, June 18, 2010

“Wone conspiracy case moves forward, D.C. judge rules”: Today’s edition of The Washington Post contains an article that begins, “A D.C. Superior Court judge’s decision Thursday to allow the Robert Wone conspiracy trial to move forward without any major acquittals sent defense attorneys racing to revise their strategy and coordinate witnesses for the rest of the proceedings.”

Posted at 11:10 AM by Howard Bashman



“Gardner executed: 25 years on death row ends in hail of bullets.” This article appears today in The Salt Lake Tribune, along with articles headlined “Firing squad: An eyewitness account of Gardner’s execution; Tribune reporter was one of nine media witnesses“; “Two loud bangs end 25 years on death row for Gardner“; “For a condemned killer’s family, one final visit; Loved ones say he’s ‘at peace’“; “How Gardner spent his final hours“; and “Protesters pray, plead for end to capital punishment; They lament Utah has death penalty but keep hope.”

Today’s edition of The Deseret News contains articles headlined “Gardner’s life ends with hardly a word; Witnesses not certain he died immediately“; “Brother, daughter allowed 1 last hug through prison bars“; “Families, strangers commemorate Ronnie Lee Gardner’s death differently“; and “9 remain on Utah’s death row; the next to be executed is unclear.”

The New York Times reports that “Utah Executes Murderer by Firing Squad.”

CNN.com reports that “Gardner executed by firing squad.”

And The Associated Press reports that “Utah firing squad executes convicted killer.”

Posted at 9:57 AM by Howard Bashman



Thursday, June 17, 2010

“History favors Texas judge facing possible removal”: The Associated Press has a report that begins, “When Texas Judge Sharon Keller answers charges Friday of callously closing her courtroom to a man on death row, she could join the disgraced list of Texas jurists not indicted but still taken off the bench.”

Posted at 7:25 PM by Howard Bashman



“Stevens’ Recusal Makes Difference in Florida Property Ruling”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 5:37 PM by Howard Bashman



“Supreme Court rules in text-messaging, property rights cases”: Robert Barnes of The Washington Post has this news update.

And David G. Savage of The Los Angeles Times has a news update headlined “Justices rule in favor of California police chief who read employee’s texts; The Supreme Court says the Ontario employer’s perusal of an officer’s sexually explicit messages, sent on his work pager, is justified and didn’t violate the 4th Amendment.”

Posted at 2:10 PM by Howard Bashman



Access online today’s opinions in argued cases of the U.S. Supreme Court: The Court today issued five rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Dillon v. United States, No. 09-6338. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Schwab v. Reilly, No. 08-538. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Ontario v. Quon. No. 08-1332. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Antonin Scalia announced the judgment of the Court in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. You can access the ruling at this link and the oral argument transcript at this link.

5. And Justice John Paul Stevens delivered the opinion of the Court in New Process Steel, L.P. v. NLRB, No. 08-1457. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press has reports headlined “Court rules text message search legal“; “Fla. homeowners lose beach dispute at high court“; and “Court: 2-person labor board can’t make decisions.”

Posted at 10:04 AM by Howard Bashman



“Prop. 8 gay-marriage trial goes to judge in California”: The Sacramento Bee contains this article today.

In today’s edition of The San Francisco Chronicle, Bob Egelko has an article headlined “Prop. 8 backers: Marriage promotes procreation.”

The Los Angeles Times reports that “Judge poses weighty questions as Proposition 8 trial closes; Attorneys present closing arguments for and against California’s ban on same-sex marriage; Judge grills them for hours on the substantial sexual, social, legal and historical issues intrinsic to the case.”

Howard Mintz of The San Jose Mercury News has an article headlined “Prop 8 trial: Judge troubled by lack of evidence from defense.”

The New York Times has an article headlined “Closing Arguments in Marriage Trial.”

Robert Barnes of The Washington Post reports that “California court hears closing arguments in same-sex marriage case.”

The Wall Street Journal reports that “Gay-Marriage Trial Wraps Up; Lawyers Give Closing Arguments in Fight Over California Measure Prohibiting Same-Sex Weddings.”

Dan Levine of The Recorder has an article headlined “Where’s the Evidence? Judge Asks Proposition 8 Supporters; Packed San Francisco courtroom hears highly anticipated closing arguments in same-sex marriage case.”

The Associated Press reports that “Lawyers give final arguments in gay marriage case.”

And from National Public Radio, today’s broadcast of “Morning Edition” contained an audio segment entitled “Judge To Take Weeks To Rule On Gay Marriage,” while yesterday evening’s broadcast of “All Things Considered” contained an audio segment entitled “Lawyers Make Final Arguments In Gay Marriage Case.”

Posted at 9:57 AM by Howard Bashman



“Utah convict’s choice of firing squad focuses spotlight on death penalty”: This article appears today in The Kansas City Star.

Posted at 9:47 AM by Howard Bashman



“The Supreme Court’s personal touch: Cases are chosen with broad principles in mind, but the decisions still can right very specific wrongs; Two rulings this week illustrate how.” The Los Angeles Times contains this editorial today.

Posted at 9:42 AM by Howard Bashman



Wednesday, June 16, 2010

“Should Retired Justices Be Called Back to Supreme Court?” At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “Sen. Patrick Leahy (D-Vt.) is thinking about proposing legislation that would allow a retired U.S. Supreme Court justice to sit in a case when a current justice has recused — in what would be a major shift in how the Court operates.”

Posted at 5:45 PM by Howard Bashman



The Constitution and Souter: He seems to believe that judges have the last word — rather than our founding document; Let’s hope Kagan feels otherwise.” David B. Rivkin Jr. and Lee A. Casey have this op-ed today in USA Today.

Posted at 4:44 PM by Howard Bashman



“Deans defend Kagan on diversity”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 3:24 PM by Howard Bashman



“We must decide whether the system that Illinois is using to fill a famous vacancy in one of its senate slots has strayed so far from the mark that a preliminary injunction should have been entered by the district court.” A lawsuit brought by two registered voters in Illinois alleging a violation of their rights guaranteed by the 17th Amendment to the U.S. Constitution gives rise to a ruling that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Posted at 3:10 PM by Howard Bashman



“Lawyer: Gays denied right by Calif marriage ban.” The Associated Press has a report that begins, “The landmark federal trial over the constitutionality of California’s gay marriage ban resumed Wednesday, with a lawyer arguing that supporters of the ban were trying to deprive same-sex couples of a relationship the U.S. Supreme Court has recognized as a fundamental right.”

Posted at 2:50 PM by Howard Bashman



Majority on divided three-judge Third Circuit panel holds that Verizon cannot evade its settlement of a class action despite new federal legislation, enacted before final approval of the settlement, eliminating plaintiffs’ cause of action: You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

This case would seem to be a strong candidate for either rehearing en banc or U.S. Supreme Court review if Verizon decides to continue to pursue its challenge to the settlement.

Posted at 10:32 AM by Howard Bashman



“Law-school academics come out in support of Kagan for high court”: Bill Mears of CNN.com has this report.

Warren Richey of The Christian Science Monitor reports that “Top law school deans endorse Supreme Court nominee Elena Kagan; Deans of 68 major law schools endorsed Supreme Court nominee Elena Kagan; Her experience heading the Harvard Law School prepared her to decide some of the country’s toughest issues, they say.”

And today’s edition of The Milwaukee Journal Sentinel reports that “MU’s law dean praises Kagan; Marquette’s Kearney says court nominee is a fine lawyer.”

Posted at 8:45 AM by Howard Bashman



“Full 11th Circuit Wrestles With Home Depot Sex Harassment Suit; Judges debate how court’s earlier decisions in case fit with landmark ruling favoring plaintiffs”: Andy Peters of the Fulton County Daily Report has this article.

Posted at 7:58 AM by Howard Bashman



Tuesday, June 15, 2010