How Appealing



Monday, February 28, 2011

“Generals’ complaint targets Phelps lawyers”: The Topeka Capital-Journal has a news update that begins, “Nine retired U.S. Air Force generals have filed a complaint with state regulators to seek disbarment of 10 lawyers who are members of the Westboro Baptist Church in Topeka.”

Posted at 11:17 PM by Howard Bashman



“Jury Can Hear Dying Man’s Words, Justices Say”: Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Court: Victim’s dying words may be used at trial.”

In Tuesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court says dying victim’s statement can be used in court; The justices’ 6-2 ruling breaks somewhat from recent decisions forbidding the use of ‘hearsay’ statements to police, creating a new rule for when officers are dealing with ‘an ongoing emergency.’

The Washington Times has a news update headlined “Court rules words of dying man are admissible at trial; Justices Scalia, Ginsburg dissent.”

The Detroit News has an update headlined “Supreme Court says Detroit dying witness statement OK at trial.”

The Detroit Free Press has a news update headlined “Detroit shooting victim fingered gunman; Supreme Court denies a new trial.”

And Warren Richey of The Christian Science Monitor reports that “Supreme Court rules dead man’s accusations can be used at trial; The Supreme Court rules that statements given to authorities during an emergency may be introduced as evidence in a trial even if the source dies before the trial.”

Posted at 11:14 PM by Howard Bashman



“Judge Says Senate Is Injuring Federal Judiciary”: At “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “The slowing confirmation rate for federal judges means litigants aren’t getting their cases heard in a timely way and fewer people are willing to be nominated, U.S. District Judge Royce Lamberth said today.”

Posted at 5:25 PM by Howard Bashman



“Obama has a new vacancy to fill on Atlanta appeals court”: In Saturday’s edition of The Atlanta Journal-Constitution, Bill Rankin had an article that begins, “Judge Susan Black of the federal appeals court in Atlanta on Friday notified President Barack Obama she was taking senior status, opening up a second vacancy on the bench.”

Posted at 3:52 PM by Howard Bashman



“Supreme Court says dying victim’s statement can be used in court; The 6-2 Supreme Court ruling breaks somewhat from recent rulings forbidding the use of ‘hearsay’ statements to police, creating a new rule for when officers are dealing with ‘an ongoing emergency’; The decision, says Justice Antonin Scalia in his dissent, leaves the Constitution ‘in shambles'”: David G. Savage of The Los Angeles Times has this news update.

And Bill Mears of CNN.com reports that “High court says victim’s dying words can be used in court.”

Posted at 3:50 PM by Howard Bashman



Today’s opinion in an argued case and Order List of the U.S. Supreme Court: The Court today issued one opinion in an argued case.

Justice Sonia Sotomayor delivered the opinion of the Court in Michigan v. Bryant, No. 09-150. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justices Antonin Scalia and Ruth Bader Gibsburg each issued dissenting opinions. You can access the oral argument via this link.

You can access today’s Order List at this link. The Court did not grant review of any new cases, but the Court did request the views of the Solicitor General’s office on two cases.

In news coverage from The Associated Press, “Court says dying witness statement OK at trial“; “High court nixes church appeal in defamation case“; “Court won’t hear appeal over blocked taxicab rule“; and “Texas killer of 2 loses high court appeal.”

Posted at 3:32 PM by Howard Bashman



“Judge says depression, accident led to cocaine, stripper troubles”: In yesterday’s edition of The Atlanta Journal-Constitution, Bill Rankin had an article that begins, “A decades-long battle with depression and brain damage from a bicycling accident led ex-judge Jack Camp to make the self-destructive choices of using drugs and striking up an affair with a stripper, court filings say.”

And The Associated Press has an article headlined “Ex-Ga. judge: depression led to drug conviction.”

Posted at 3:22 PM by Howard Bashman



Programming note: In a few moments, I will be departing the office to meet with co-counsel in connection with an oral argument that I will be presenting tomorrow to a three-judge panel of the Superior Court of Pennsylvania.

At 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue an Order List, which you can access via this link once it is posted online.

If the Court issues any opinions today, you can access those via this link. And if any Justices issue opinions relating to orders, you can access those via this link.

In addition, “SCOTUSblog” is likely to offer prompt coverage of today’s Order List and opinions (if any).

Additional posts will appear here this afternoon.

Posted at 9:44 AM by Howard Bashman



“Legal system doesn’t work for ordinary people, top judge says”: Today’s edition of The Vancouver Sun contains an article that begins, “Canada’s top judge is warning that the legal system doesn’t work for ordinary people and courts are fast becoming the domain of the rich or the indigent.”

Posted at 9:06 AM by Howard Bashman



“Can legal use of medical marijuana get you fired? State Supreme Court to decide; Washington voters approved the use of medical marijuana, but state law is murky on whether workers can be fired for legally using pot.” The Seattle Times contains this article today.

Posted at 9:05 AM by Howard Bashman



“Williston students run Supreme Court Web site inspired by Justice Breyer’s Springfield visit”: This article appears today in The Republican of Springfield, Massachusetts.

Posted at 9:00 AM by Howard Bashman



“Same-sex weddings, now: Gay and lesbian couples should be allowed to marry while the Proposition 8 case works its way through the system.” Today’s edition of The Los Angeles Times contains an article that begins, “Although the federal courts expedited their handling of the lawsuit challenging Proposition 8, the issues are far from resolved. And now that the California Supreme Court has been asked to weigh in, the case could be delayed for another year or more. Enough already. Gay and lesbian couples should be allowed to wed while the case works its way through the system.”

Posted at 8:56 AM by Howard Bashman



Sunday, February 27, 2011

“The Obama administration’s ‘risky move’ in Florida”: Politico.com has a report that begins, “U.S. District Judge Roger Vinson has already dealt the Obama administration a staggering blow on health reform, and this week the administration may get another one from the fiery Florida judge.”

Posted at 8:27 PM by Howard Bashman



“Massive tobacco suit gets revived”: Yesterday’s edition of The St. Louis Post-Dispatch contained an article that begins, “A lawsuit that led to a $10.1 billion Madison County Circuit Court verdict against tobacco giant Philip Morris — once thought dead after the Illinois Supreme Court overturned it — has been revived by a lower appeals court.”

And The Associated Press reports that “Ill. appeals court revives cigarette lawsuit.”

Posted at 8:20 PM by Howard Bashman



“Supreme Court confronts conflict between constitutional rights and protecting children”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 8:11 PM by Howard Bashman



“Thurgood Marshall helped shape Judge Keith’s legacy”: Trevor W. Coleman has this essay today in The Detroit Free Press.

Posted at 9:55 AM by Howard Bashman



Saturday, February 26, 2011

“Must Presidents Defend Laws They Don’t Like?” Adam Liptak will have this article in the Week in Review section of Sunday’s edition of The New York Times.

Posted at 8:54 PM by Howard Bashman



“Hope for Queens couples’ immigration rights after Obama’s abandoning of Defense of Marriage Act”: This article appears today in The New York Daily News.

Posted at 12:27 PM by Howard Bashman



“Meat the Mets! Lawyer has delicate question for case’s higher authority.” Today’s edition of The New York Daily News contains an article that begins, “A Federal judge’s Amazin’ apparel caused some consternation Friday during a hearing on whether kosher hot dogs can be sold at Citi Field on the Jewish Sabbath.”

Posted at 12:23 PM by Howard Bashman



“A teaching moment — More on: Is it usual to use ‘big poster/charts’ in oral arguments?” Marcia Oddi has this post at “The Indiana Law Blog.”

Posted at 10:05 AM by Howard Bashman