How Appealing



Friday, November 26, 2010

“Confirm Liu, quickly: Obama’s nominee for the U.S. 9th Circuit deserves an up-or-down vote.” This editorial will appear Saturday in The Los Angeles Times.

Today’s edition of The Des Moines Register contains an editorial entitled “End gridlock on judge appointments.”

And today in The Baltimore Sun, law professor Carl Tobias has an op-ed entitled “Congress must act to fill court vacancies; Justice is impeded as president’s nominations await votes.”

Posted at 10:12 PM by Howard Bashman



“Judge: Conn. home invasion death sentence is fair.” The Associated Press has a report that begins, “A Connecticut judge has decided that a jury was fair in deciding that Steven Hayes should be executed for a home invasion that left a woman and her two daughters dead.”

Posted at 3:54 PM by Howard Bashman



“NTSB studying wreckage from fatal crash; One of the victims was a BP executive, company confirms”: The News Herald of Panama City, Florida posted online this updated report yesterday afternoon.

Posted at 12:05 PM by Howard Bashman



“High court rules man did indeed indecently expose himself”: Yesterday’s edition of The Las Vegas Review-Journal contained this article reporting on a ruling that the Supreme Court of Nevada issued on Wednesday.

The Nevada Supreme Court’s opinion begins, “Respondent Marty Edward Castaneda is accused of intentionally and repeatedly exposing his genitals and buttocks while standing on the sidewalk in front of the county jail near Lewis Avenue and First Street in Las Vegas.”

A lower court ruled a Nevada statute providing that “A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty” of an offense was unconstitutionally vague. Nevada’s highest court disagreed, observing that “In the indecent exposure context, the common law used ‘person’ as a euphemism for penis.”

Posted at 8:27 AM by Howard Bashman



“High court handling of Wal-Mart appeal will have wider implications; The retailer argues that a lawsuit alleging discrimination against 1.5 million female employees is unfair; Whether the justices hear the case could affect future class-action suits”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:05 AM by Howard Bashman



Thursday, November 25, 2010

“Top court says police may seize electricity-use records”: Today in The Toronto Globe and Mail, Kirk Makin has an article that begins, “The Supreme Court of Canada has carved a chunk out of the right to personal privacy, concluding that police may seize electricity-use records as part of a criminal investigation.”

The Calgary Sun reports today that “Top court rules cops can enlist power providers.”

The Toronto Sun contains an article headlined “No privacy for grow-ops.”

Janice Tibbetts of Postmedia News reports that “Divided Supreme Court puts limit on privacy expectations at home.”

And The Canadian Press reports that “Top court rules monitoring suspected grow-op’s power usage OK.”

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

Posted at 1:45 PM by Howard Bashman



“Renowned Austin lawyer killed in plane crash; State’s first solicitor general was piloting aircraft in Florida”: Chuck Lindell has this article today in The Austin American-Statesman.

Posted at 1:38 PM by Howard Bashman



Wednesday, November 24, 2010

“Top Texas Advocate Dies in Plane Crash”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

The Northwest Florida Daily News has an update headlined “Crashed plane flew from New Orleans.”

The Southeast Texas Record reports that “Appellate lawyer Coleman killed in plane crash.”

The Times-Picayune of New Orleans has a news update headlined “BP oil spill incident commander dies in small plane crash.”

The Associated Press reports that “Gulf oil spill recovery exec dead in plane crash.”

And Reuters reports that “BP Gulf cleanup official killed in plane crash; Three people killed, no survivors; Plane was trying to land in heavy fog in Florida.”

Posted at 10:55 PM by Howard Bashman



Majority on partially divided three-judge First Circuit panel rejects claim that U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit — in which each of the three judges on the panel has written separately — at this link.

Circuit Judge Juan R. Torruella‘s opinion concurring in part and dissenting in part passionately argues that international law affords U.S. citizen-residents of Puerto Rico the voting rights sought in the lawsuit.

Posted at 10:32 PM by Howard Bashman



“NV court upholds award against Wyeth”: The Associated Press has a report that begins, “The Nevada Supreme Court has upheld a $58 million judgment awarded to three women who claimed their breast cancer was caused by hormone replacement drugs made by Wyeth Pharmaceuticals.”

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

Update: In local coverage, Thursday’s edition of The Las Vegas Review-Journal reported that “Court OKs $58 million judgment; Breast cancer victims sued Wyeth Pharmaceutical Inc.

And Thursday’s edition of The Las Vegas Sun reported that “Nevada Supreme Court backs hormone drug verdict.”

Posted at 2:42 PM by Howard Bashman



Former Texas Solicitor General Gregory S. Coleman has died: The Destin (Fla.) Log provides this coverage.

And the Okaloosa County (Fla.) Sheriff’s Office has issued a news release headlined “Plane Crashes in Okaloosa County; Three Victims Identified.”

At his “Election Law Blog,” Rick Hasen has a post titled “Truly Tragic News: Greg Coleman Has Died in a Plane Crash.”

Update: The Associated Press reports that “Former Texas official dies in Fla. plane crash.”

At the “Austin Legal” blog of The Austin American-Statesman, Chuck Lindell has a post titled “Austin lawyer Coleman dies in plane crash.” Lindell’s earlier profile of Coleman from July 2009 was headlined “Star lawyer makes Supreme Court splash.”

Mary Alice Robbins of Texas Lawyer reports that “Plane Crash Claims Life of Former Texas Solicitor General Greg Coleman.”

And the publication Texas Super Lawyers 2010 contains an article headlined “The Minimalist: No one knows how to get to the essence of an appeal like Greg Coleman” in which Justice Clarence Thomas is quoted on the subject of his former law clerk.

Posted at 1:02 PM by Howard Bashman



“‘Don’t ask’: White House appeals return of nurse.” Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Obama administration opened another legal front Tuesday in defense of ‘don’t ask, don’t tell,’ appealing a federal judge’s decision to reinstate a decorated Air Force nurse who was discharged after being outed as a lesbian.”

At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Lesbian major rejoins Air Force, as Obama administration appeals.”

And The Associated Press reports that “DOJ appeals lesbian’s reinstatement to Air Force.”

Posted at 9:32 AM by Howard Bashman



Tuesday, November 23, 2010

Second Circuit invalidates Vermont statute banning the sale, transmission, or use of prescriber-identifiable data for marketing or promoting a prescription drug unless the prescriber consents: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit strikes down the Vermont law as an impermissible restriction on commercial speech in a ruling issued today.

Circuit Judge Debra Ann Livingston issued a dissenting opinion in which she states that “the majority not only reaches the wrong result in this case, but creates Circuit precedent likely to have pernicious broader effects in a complex and evolving area of First Amendment law.”

Although the Second Circuit is reluctant to grant rehearing en banc, it is noteworthy that the majority on this three-judge panel consists of a senior status Second Circuit judge and a federal district judge sitting by designation.

Update: In early coverage, The Wall Street Journal has a news update headlined “Appeals Court Strikes Down Vermont Law Restricting Prescription Data.”

And The Associated Press reports that “Vt. law on drug data mining ruled unconstitutional.”

Posted at 11:00 AM by Howard Bashman



“Judge extends ban on Oklahoma Sharia law amendment; Ban on a Sharia law amendment to the Oklahoma Constitution will stay in place for a week while U.S. District Judge Vicki Miles-LaGrange studies the issues”: This article appears today in The Oklahoman.

And The Tulsa World reports today that “Judge leaves SQ 755 ban intact for now.”

Posted at 8:10 AM by Howard Bashman



“California ruling backs police use of DNA from discarded cigarette”: In today’s edition of The Sacramento Bee, Denny Walsh has an article that begins, “In the first case of its kind in California, a state appellate court in Sacramento ruled Monday that a suspect in a criminal investigation has no expectation of privacy in a discarded item, and a DNA test of the item is not an unconstitutional search.”

You can access yesterday’s ruling of California’s Court of Appeal for the Third Appellate District at this link.

Posted at 8:04 AM by Howard Bashman



“Michigan Supreme Court censures ex-justice for secretly recording court deliberations”: Dawson Bell has this article today in The Detroit Free Press. The newspaper also contains an editorial entitled “Secret recordings merit censure for ex-Justice Weaver.”

And The Detroit News reports today that “Michigan Supreme Court censures former Justice Weaver; Former justice publicly rebuked for secret recording of colleague using a racial slur.”

You can view the censure letter, in which five justices have joined and one justice has expressly refused to join, by clicking here.

Posted at 7:58 AM by Howard Bashman



Monday, November 22, 2010

“Former justice Elizabeth Weaver censured for airing deliberations”: Dawson Bell of The Detroit Free Press has a news update that begins, “The Michigan Supreme Court has issued a pointed and public rebuke of a former justice, Elizabeth Weaver, for making secret recordings of internal court deliberations and releasing some of the transcripts.”

And The Detroit News has an update headlined “Michigan Supreme Court criticizes ex-Justice Elizabeth Weaver.”

You can view the censure letter, in which five justices have joined and one justice has expressly refused to join, by clicking here.

Posted at 8:57 PM by Howard Bashman



“DOJ Pick Would Have Taken a Recess Appointment”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “Dawn Johnsen, a hero to some liberal lawyers and a failed nominee to head the Justice Department’s Office of Legal Counsel, says she would have been happy to serve in the job on a temporary basis.”

Posted at 5:24 PM by Howard Bashman



“Petition for Certiorari Filed in Pineda-Moreno, The Ninth Circuit GPS Case”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 5:22 PM by Howard Bashman



“Juvenile offenders still get near-life terms”: Yesterday’s edition of The Sarasota Herald-Tribune contained a front page article that begins, “More than six months after the U.S. Supreme Court ruled that Florida’s practice of sending juveniles to prison for the rest of their lives for non-murder crimes was unconstitutional, not a single former juvenile sentenced in such cases has found much relief.”

Posted at 8:40 AM by Howard Bashman



Sunday, November 21, 2010

“Natives’ super PAC meant new boost for Murkowski campaign; Alaskans Standing Together leaped into campaign”: The Anchorage Daily News today contains an article that begins, “If Sen. Lisa Murkowski’s re-election survives her opponent’s challenges, she will in no small measure owe her historic write-in victory to the U.S. Supreme Court’s most contentious decision this year — a ruling she herself described as troubling, but which led to massive Native corporation spending on her behalf.”

Posted at 9:06 PM by Howard Bashman