How Appealing



Monday, November 8, 2010

“Challenger Wiggins pulls closer to Justice Sanders”: The Associated Press has a report from the State of Washington that begins, “Incumbent Justice Richard Sanders watched his lead over challenger Charlie Wiggins shrink in Monday’s vote-counts for a contested seat on the state Supreme Court.”

Posted at 10:22 PM by Howard Bashman



“Court Upholds Sentence For Couple Who Grew Pot”: Bay City News has an article that begins, “An El Dorado County doctor and her attorney husband lost a bid to a federal appeals court in San Francisco today to overturn their convictions and five-year sentences for growing what they said was medical marijuana.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 6:02 PM by Howard Bashman



“Court seems divided on taxing medical residents”: Jesse J. Holland of The Associated Press has this report.

You can access the transcript of today’s U.S. Supreme Court oral argument in Mayo Foundation for Medical Ed. and Research v. United States, No. 09-837, by clicking here.

Posted at 1:32 PM by Howard Bashman



“Hayes Sentenced To Death”: The Hartford Courant has a news update that begins, “A Superior Court jury decided today to sentence Steven Hayes to death for the murders of Jennifer Hawke-Petit and her daughters, Hayley and Michaela, during a seven-hour home invasion, robbery and arson at their Cheshire home in July 2007.”

And The Associated Press reports that “Conn. man condemned to die for fatal home invasion.”

Posted at 11:54 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court did not grant review in any new cases today.

The first opinion of the new Term issued today. The Court released a unanimous, per curiam opinion in Wilson v. Corcoran, No. 10-91.

In early news coverage, The Associated Press has reports headlined “High court turns down early health care challenge“; “Court lets NFL complaint go to state court“; “Court refuses to step into custody dispute“; and “Supreme Court won’t stop new sentencing hearing.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Health care case denied; no grants.”

Posted at 10:03 AM by Howard Bashman



“How Did Elections Affect Pa. ‘Merit Selection’ Battle?” This month’s installment of my “Upon Further Review” column appears today in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

It begins, “Last week’s decision by Iowa voters to remove three justices serving on that state’s Supreme Court has produced the predictable hand-wringing and consternation from those who think they know better than we do what’s best for society. In actuality, however, the judicial retention vote in Iowa merely shows that the system is operating in the manner in which it was designed.”

Posted at 9:30 AM by Howard Bashman



“State has enough sodium thiopental to execute four; Corrections Department won’t say where the lethal-injection drug came from, and that may mean its use is forbidden”: Carol J. Williams has this front page article today in The Los Angeles Times.

Posted at 8:00 AM by Howard Bashman



“Can US kill American-born cleric Anwar al-Awlaki? Judge to hear case; American-born cleric Anwar al-Awlaki is hiding in Yemen, where he’s a leader of Al-Qaeda in the Arabian Peninsula; He’s trained terrorist recruits and helped prepare the Christmas Day bomber.” Warren Richey of The Christian Science Monitor has an article that begins, “A federal judge is set to hear arguments on Monday in a lawsuit challenging an alleged secret Obama administration plan to use lethal force against an American-born Islamic cleric hiding in Yemen.”

Posted at 7:50 AM by Howard Bashman



Sunday, November 7, 2010

“Top court takes peek into nation’s bedrooms”: Janice Tibbetts of Postmedia News has an article that begins, “Can you consent to sex when you’re voluntarily choked unconscious? The Supreme Court of Canada on Monday will consider whether an Ottawa woman, who had admittedly kinky sex with her longtime partner, was a victim of sexual assault when he sodomized her against her will while she was passed out, even though she had agreed to asphyxiation.”

Today’s edition of The Toronto Star contains an article headlined “Can an unconscious person consent to sex?

The Canadian Press reports that “Women’s group fights to keep ‘advance’ sexual consent from being passed into law.”

And yesterday in The Winnipeg Free Press, law professor Karen Busby had an op-ed entitled “Sexual defence threatens women.”

Posted at 11:06 PM by Howard Bashman



“Jousting Justices”: In the Sunday Book Review section of today’s edition of The New York Times, Adam Cohen has this review of law professor Noah Feldman‘s book “Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices.”

Law professor Jeremy Rabkin had a review of the book headlined “The New Dealers’ Court” in yesterday’s edition of The Wall Street Journal.

And law professor Eric A. Posner had a review of the book headlined “The Four Tops” last month in The New Republic.

Posted at 10:58 PM by Howard Bashman



“Cordray under consideration for Ohio Supreme Court after losing race for attorney general”: The Cleveland Plain Dealer contains this article today.

Posted at 10:47 PM by Howard Bashman



“Another appeals hearing set for Abu-Jamal”: In today’s edition of The Philadelphia Inquirer, Nathan Gorenstein has an article that begins, “It’s been 28 years since Mumia Abu-Jamal was convicted of murder and sentenced to die for the shooting death of Police Officer Daniel Faulkner. But on Tuesday, his case will be back in court for another appellate hearing, and lawyers say a final resolution remains years away.”

Posted at 10:36 PM by Howard Bashman



Saturday, November 6, 2010

“Private property can’t become public beach, court rules; Woman had been ordered to move or raze homes after Hurricane Rita reshaped shoreline”: Chuck Lindell has this article today in The Austin American-Statesman.

Today’s edition of The Houston Chronicle reports that “Beach homeowners win ruling; Court says state can’t take land; critic fears public access jeopardized.”

And The Galveston County Daily News contains an article headlined “Are Texas’ beaches still open to the public?

Yesterday’s ruling of the Supreme Court of Texas consists of a majority opinion and a dissenting opinion.

Posted at 4:32 PM by Howard Bashman



“The Other Oil Cleanup: Trial lawyers like Tony Buzbee got rich putting the screws to corporate America; But in the wave of gulf-spill litigation, they’re struggling to not get cut out of the action.” This lengthy cover story will appear in Sunday’s issue of The New York Times Magazine.

Posted at 1:32 PM by Howard Bashman