How Appealing



Thursday, October 28, 2010

“Courthouse peephole suspect gets new charges”: In yesterday’s issue of The Beaver County (Pa.) Times, J.D. Prose had an article that begins, “Prosecutors have withdrawn 20 invasion-of-privacy charges filed last month against a former Beaver County employee, but he faces seven new charges for creating a peephole and spying on women in a courthouse restroom.” (via ABA Journal’s “Law News Now” blog).

Posted at 11:32 AM by Howard Bashman



“Justice O’Connor, Arizona group spar over robocalls”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 7:55 AM by Howard Bashman



“The Age of Alzheimer’s”: Justice Sandra Day O’Connor, Stanley Prusiner, and Ken Dychtwald have this op-ed today in The New York Times.

Posted at 7:40 AM by Howard Bashman



Wednesday, October 27, 2010

“Appeal spiked: L’Anse Creuse teacher can’t be fired for lewd act.” The Detroit News has an update that begins, “The Michigan Supreme Court won’t get involved in a dispute between a school district and a teacher who was photographed simulating sex acts on a mannequin at a boating party. The court’s refusal today to review L’Anse Creuse Public Schools’ request to argue against a lower court’s ruling means middle school teacher Anna Land can’t be fired for her actions and she’ll be allowed to continue working.”

Posted at 10:14 PM by Howard Bashman



“The Ethics of Justice O’Connor’s Robo-Calls”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:44 PM by Howard Bashman



“Judge grants injunction vs new Mass. obscenity law”: The Associated Press has a report that begins, “A federal judge has granted a preliminary injunction sought by free-speech advocates who argued that a new Massachusetts law aimed at protecting children from online sexual predators effectively bans from the Internet anything that may be considered ‘harmful to minors,’ including material adults have the right to view.”

Posted at 2:24 PM by Howard Bashman



“Advocate appeals secret Kan. case to Supreme Court”: The Associated Press has a report that begins, “An advocate for chronic pain patients who is under investigation for obstruction of justice has challenged grand jury subpoenas in a rare case that climbed secretly through the judicial system to the U.S. Supreme Court.”

Posted at 2:04 PM by Howard Bashman



“2008 Joe Francis Lawsuit Morphs into Free Speech Test Case; Women filmed as minors by GGW in 2002 want to keep their names out of the public record”: AVN News has a report that begins, “A 2008 lawsuit against Girls Gone Wild founder Joe Francis and two companies he operates, filed by four women who accused the GGW team of filming them flashing their breasts when they were underage, has become a free speech test case that was argued [yesterday] before a three-judge panel of the 11th Circuit U.S. Court of Appeals.”

You can access a copy of the complaint initiating suit by clicking here.

Posted at 10:35 AM by Howard Bashman



“Expert: Hayes no risk; Psychologist claims violent behavior in prison unlikely.” This article appears today in The New Haven Register, along with an article headlined “Komisarjevsky lawyer avoids contempt hearing, for now.”

And today’s edition of The Hartford Courant contains articles headlined “Psychologist: Steven Hayes Would Have ‘Positive Adjustment’ If Sentenced To Life In Prison” and “Judge Withholds Ruling In Contempt Hearing In Cheshire Case; Says If Necessary He’ll Refer Case To Another Judge.”

Posted at 10:24 AM by Howard Bashman



“Diehl-Armstrong resumes stand today in ‘pizza bomber’ trial”: Today in The Erie (Pa.) Times-News, Ed Palattella has an article that begins, “Marjorie Diehl-Armstrong eventually will testify about what she was doing the afternoon of Aug. 28, 2003 — the day Brian Wells, a pizza deliveryman she said she never knew, was killed when the bomb locked to his neck exploded. But before she gets to that critical point in her federal trial in Erie, Diehl-Armstrong is likely to explain to the jury just about everything else that happened to her before and after the moment Wells died. She certainly took that approach on Tuesday, the first day she took the witness stand in her own defense in the ‘pizza bomber’ case.”

And today in The Pittsburgh Post-Gazette, Paula Reed Ward reports that “Collar-bomb defendant takes stand.”

Posted at 8:10 AM by Howard Bashman



“Corporate campaign ads haven’t followed Supreme Court’s prediction; Companies and unions have been able to avoid the transparency called for in the court’s landmark ruling; Spending on next week’s midterm election has been exorbitant”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:00 AM by Howard Bashman



“Court voids Arizona law on voter proof of citizenship”: This article appears today in The Arizona Republic.

Today in The Arizona Daily Star, Howard Fischer has an article headlined “Court voids citizenship voter proof.”

The Tucson Sentinel reports that “Arizona law requiring proof of voter citizenship struck down; Proposition 200’s ID at polls upheld, proof of citizenship to register invalidated.”

And Bob Egelko of The San Francisco Chronicle reports that “State can’t ask voters for citizenship proof.”

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

Posted at 7:45 AM by Howard Bashman



“Arizona executes inmate after federal judge lifts stay”: Today’s edition of The Arizona Republic contains an article that begins, “In only the second Arizona execution since 2000, convicted killer Jeffrey Landrigan died by lethal injection late Tuesday after the U.S. Supreme Court removed the last legal barrier.”

Posted at 7:38 AM by Howard Bashman



“Government’s ‘Duty to Defend’ Not a Given; In recent years, DOJ declined to fight for federal laws at least 13 times”: Tony Mauro of The National Law Journal has this report.

Posted at 7:28 AM by Howard Bashman



Tuesday, October 26, 2010

“Justices Ruth Bader Ginsburg and Sandra Day O’Connor on Life and the Supreme Court; Some of Nation’s Most Influential Women Gather at Women’s Conference in California”: ABCNews.com has this report.

Posted at 9:57 PM by Howard Bashman



“Arizona AG: Execution drug came from Great Britain.” The Associated Press has a report that begins, “The Arizona attorney general’s office says the state’s supply of a scarce lethal injection drug was obtained from England. This is the first time a state has acknowledged obtaining sodium thiopental from an overseas source since a shortage of the drug started affecting executions in the U.S. this year.”

Posted at 4:52 PM by Howard Bashman



“Ninth Circuit, on 2-1 Vote with Strong Kozinksi Dissent, Holds that Arizona Requirement of Proof of Citizenship to Register to Vote is Preempted by the National Voter Registration Act”: Law professor Rick Hasen has this post at his “Election Law Blog” about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Circuit Judge Sandra S. Ikuta wrote the majority opinion, in which retired Justice Sandra Day O’Connor — sitting by designation — joined. It is interesting to note that, after law school, Ikuta first clerked for Judge Kozinski on the Ninth Circuit before going on to clerk for Justice O’Connor at the U.S. Supreme Court.

I know that it is fairly common for a federal appellate judge to serve on a three-judge panel with a judge for whom he or she had clerked following law school. I cannot help but wonder, however, whether any federal appellate judge had previously served as law clerk to both of the other two judges serving on a particular three-judge federal appellate court panel.

Posted at 2:24 PM by Howard Bashman



“Fed Won’t Join Bank Supreme Court Appeal on Loan Disclosures”: Bob Ivry and Greg Stohr of Bloomberg News have this report.

Posted at 1:58 PM by Howard Bashman



“Arizona execution on hold, drug issue under review”: The Arizona Republic has a news update that begins, “The execution of convicted killer Jeffrey Landrigan, which was scheduled for 10 a.m. Tuesday morning, has been put on hold. A judge from 9th Circuit U.S. Court of Appeals upheld a restraining order sometime before 2 a.m. Tuesday. But later in the morning, another judge on the court requested that a larger panel review the order. That could take until noon before the Supreme Court considers the case.”

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

Posted at 12:18 PM by Howard Bashman



“A Tale of Two Courts: Comparing Corporate Rulings by the Roberts and Burger Courts.” The Constitutional Accountability Center issued this study today. A related news release can be accessed here.

Posted at 11:48 AM by Howard Bashman



“Evil Men in Black Robes: Slate’s judicial election campaign ad spooktacular!” Richard L. Hasen and Dahlia Lithwick have this essay online at Slate.

Posted at 11:15 AM by Howard Bashman