How Appealing



Saturday, July 17, 2010

“Judge rebuked but avoids ouster; Keller denies wrongdoing in execution appeal refusal and vows to appeal decision of ethics panel”: Chuck Lindell has this article today in The Austin American-Statesman.

Dave Montgomery of The Fort Worth Star-Telegram reports today that “Justice who denied late-hour appeal from Death Row inmate gets ‘public warning.’

The Dallas Morning News reports that “Judge Sharon Keller reprimanded for conduct related to 2007 stay of execution filing.”

The San Antonio Express-News reports that “Top criminal judge warned but keeps job.”

And The Associated Press reports that “Top Texas criminal judge warned but keeps job.”

You can access yesterday’s decision of the Texas Commission on Judicial Conduct at this link.

Posted at 11:57 PM by Howard Bashman



“U.S. District judge drops porn charges against video producer John A. Stagliano”: This article appears today in The Washington Post.

At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “Federal Judge Throws Out D.C. Obscenity Case.”

At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “DOJ stumbles prompt porn purveyor’s acquittal.”

And from AVN News, Mark Kernes had a very interesting pre-dismissal report headlined “After Wrangling With Judge, Stagliano Case Prosecutors Rest.” AVN News also has a post-dismissal report headlined “Industry Reaction to the Stagliano Ruling Dismissing All Charges; Clyde DeWitt: A handful of jurors said they would not have convicted anyway.”

Posted at 8:33 PM by Howard Bashman



Friday, July 16, 2010

“Sources: Obama Administration Vetting N.Y. Lawyer for D.C. Circuit.” David Ingram has this post today at “The BLT: The Blog of Legal Times.”

Posted at 5:04 PM by Howard Bashman



“Breyer to Step in as Chief Dissenter? Following Stevens’ Retirement, Breyer Could Assume His Position as Most Vocal Critic.” Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 2:08 PM by Howard Bashman



“Obama Appointees May Solidify ‘Worrisome’ Partisan U.S. High Court Split”: Greg Stohr of Bloomberg News has this report.

Posted at 1:58 PM by Howard Bashman



“Deadline to name state chief justice unclear”: Bob Egelko has this article today in The San Francisco Chronicle.

And in this post at the “Southern California Appellate News” blog, Nate Scott looks at who may be in contention for the post.

Posted at 8:20 AM by Howard Bashman



“Is the ‘Kennedy Court’ Over?” Linda Greenhouse has this post at the “Opinionator” blog of The New York Times.

Posted at 8:16 AM by Howard Bashman



Thursday, July 15, 2010

“Issue of Blagojevich jury names creates rift among judges; Justices on the appellate court in Chicago air their disagreement over juror anonymity during the former governor’s trial”: This article will appear Friday in The Chicago Tribune.

Circuit Judge Richard A. Posner‘s opinion dissenting from the denial of rehearing en banc, in which three other judges joined, can be accessed here.

The original three-judge panel’s amended ruling can be accessed here.

Posted at 11:30 PM by Howard Bashman



“Plaintiffs are three nightclubs where women give erotic dance performances wearing only g-strings and pasties.” So begins a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

The ruling rejects First Amendment, vagueness, and overbreadth challenges to Virginia’s alcohol licensing program, which allows such clubs to serve beer and wine but not mixed beverages.

Posted at 10:58 PM by Howard Bashman



“Court strikes challenge to DC gay marriage law”: The Associated Press has a report that begins, “D.C.’s highest court has ruled against opponents of the city’s same-sex marriage law, saying they cannot ask voters to overturn it.”

You can access today’s 5-4 ruling of the D.C. Court of Appeals at this link.

Posted at 11:54 AM by Howard Bashman



“Supreme Court upholds Internet luring conviction; Edmonton man believed that a police officer who baited him was a 13-year-old boy”: The Canadian Press has this report.

CBC News reports that “Top court upholds internet luring conviction.”

The Toronto Sun has a news update headlined “Top court sends internet predator to prison.”

And Postmedia News reports that “Top court upholds Edmonton man’s child luring conviction.”

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

Posted at 10:54 AM by Howard Bashman



“Court’s decision offers some clarity on gun laws”: The Associated Press has a report that begins, “A federal appeals court upheld a ban on gun possession for a domestic violence offender in a ruling that several anti-violence advocates applauded Wednesday for providing some clarity after the U.S. Supreme Court’s recent landmark decision on gun restrictions.”

My earlier coverage of Tuesday’s en banc Seventh Circuit ruling appears here and here.

Posted at 9:06 AM by Howard Bashman



“Gay-marriage lawsuits escalate; Debate edges closer to Supreme Court as cases in San Francisco, Boston test the U.S. Constitution”: Joan Biskupic had this article yesterday in USA Today.

Posted at 8:57 AM by Howard Bashman



“2nd Circuit Seems Open to Release of Some Chevron Film Outtakes; Chevron claims the outtakes will show that plaintiffs counsel Steven Donziger, who is seeking $27 billion in damages for environmental damage, engaged in misconduct in the case”: Mark Hamblett has this article today in the New York Law Journal.

The Associated Press reports that “NY judges may limit filmmaker raw footage ruling.”

And yesterday’s edition of The Los Angeles Times reported that “Chevron and ‘Crude’s’ Joe Berlinger locked in a legal battle; As an appeals process begins over a judge’s ruling that director Joe Berlinger surrender outtakes to Chevron, documentarians worry about the chilling effect such action could have on other filmmakers.”

Posted at 8:50 AM by Howard Bashman



“Convicted Politician’s Attorneys Urge Federal Appeals Court to Bounce Big Brief”: Shannon P. Duffy had this article yesterday in The Legal Intelligencer.

Posted at 8:32 AM by Howard Bashman



Wednesday, July 14, 2010

“In Obscenity Case, Washington Courtroom is Silent”: Mike Scarcella and Julio Menache have this post at “The BLT: The Blog of Legal Times.”

Mark Kernes of AVN News has items headlined “Stagliano Obscenity Trial: Testimony At Last!“; “AVN Reporter Airs Concerns on Stagliano Case in Letter to Court“; and “Stagliano Judge Rules Jury Need Not See Entire Movies.”

Additional coverage of the trial can be accessed at “The Sexist” blog of Washington City Paper.

Posted at 2:24 PM by Howard Bashman



“Opposition stalls Kagan vote; GOP cites need to review; vote scheduled for July 20”: This article appears today in The Washington Times.

Today in The Los Angeles Times, David G. Savage and James Oliphant report that “NRA urges opposition to Kagan; In a new ad, the group cites Supreme Court Justice Sonia Sotomayor’s recent vote to uphold a handgun ban; Meanwhile, the Senate Judiciary Committee delays its nomination vote a week.”

The Boston Globe reports that “Senate Republican delays Kagan nomination vote; Sessions sought more time to review her record.”

And at Politico.com, Josh Gerstein reports that “Elena Kagan foes court Senate Democrats.”

Posted at 10:55 AM by Howard Bashman



“Naked mannequin creates a stir; Incident sparks debate over legal definition of ‘obscene'”: This article appeared last Saturday in The Beatrice (Neb.) Daily Sun.

Posted at 8:15 AM by Howard Bashman



“Tribal-rights advocates seek ‘fix’ in Congress”: The Providence (R.I.) Journal today contains an article that begins, “Tribal-rights advocates came in force to Capitol Hill Tuesday to ask Congress to undo last year’s Supreme Court ruling that made it harder for Native Americans to set their own rules for the use of certain lands — including the Rhode Island parcel at issue in the decision.”

Posted at 8:12 AM by Howard Bashman