How Appealing



Monday, March 7, 2011

“Supreme Court Deciding Whether Congress May Copyright Public Domain Works”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 10:33 PM by Howard Bashman



“Justices Allow Inmates To Sue for DNA Testing”: Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court opens way for prisoners to try to gain access to DNA evidence.”

In Tuesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Justices rule for death row inmate who wants DNA testing; The Supreme Court says Texas inmate Hank Skinner can pursue his legal fight for DNA tests he says could prove him innocent.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court rules in favor of prisoners in DNA case.”

The Houston Chronicle has a news update headlined “High court OKs DNA challenge for Texan.”

Bill Mears of CNN.com reports that “Supreme Court says Texas inmate has right to DNA testing.”

Ariane de Vogue of ABCNews.com reports that “Supreme Court Rules in Favor of Death-Row Inmate Seeking DNA Evidence; Henry ‘Hank’ Skinner Can Challenge His Conviction as a Civil Rights Claim.”

Greg Stohr of Bloomberg News reports that “DNA Evidence Bid Supported in U.S. Supreme Court Ruling.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Condemned Inmate Wins Right to Seek DNA.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A limited DNA access plea allowed.”

Posted at 8:44 PM by Howard Bashman



“Former 5th Circuit chief judge dies”: The Associated Press has a report that begins, “Charles Edward Clark, who served 23 years on the 5th U.S. Circuit Court of Appeals including 11 years as chief judge, has died. He was 85.”

Posted at 4:57 PM by Howard Bashman



“Judge Hall died on February 26, 2011, before this opinion could be filed. She had previously circulated her dissent, with instructions to file it with the majority opinion.” So states footnote one to a decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Perhaps some readers of this blog will recall that the February 21, 2006 installment of my “On Appeal” column published at law.com was headlined “Dead Judges Voting: When Does Life Tenure End?” Of course, because a dissenting opinion doesn’t really count for anything, issuing a dissent written by a judge who died before the decision was actually handed down is perhaps less objectionable and could even be viewed as a magnanimous act by the majority.

Posted at 2:18 PM by Howard Bashman



A not particularly law-related book containing many amazing photographs that recently arrived in the mail: Here at the nerve center of the “How Appealing” blog, books occasionally arrive in the mail, and often I’ll put up a post noting their arrival if they might be of interest to this blog’s readership.

Sometimes those books are written by appellate judges or news reporters who cover the courts or legal issues. At least once, I’ve linked to a book written by the wife of a judge. Last August, I linked here to my wife’s book, which, I’m pleased to say, recently received a nomination for a 2010 Bram Stoker Award from the Horror Writers Association in the category “Superior Achievement in Nonfiction.”

Today, I have the pleasure of linking to a book written by a former appellate client. The book is “Streamlined Irons,” by Jay Raymond. You can read a very positive review of the book at this link. Wired.com’s “Gadget Lab” blog had this post about the book. And you can view some sample pages from this very visually appealing book via this link.

Posted at 12:08 PM by Howard Bashman



Access online today’s Order List and rulings in argued cases of the U.S. Supreme Court: You can access today’s Order List at this link. In big news, the Court has announced that Christine Luchok Fallon has been appointed Reporter of Decisions. The Court also granted review in one case.

The Court today issued three decisions in argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Milner v. Department of Navy, No. 09-1163. Justice Samuel A. Alito, Jr. issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Wall v. Kholi, No. 09-868. Justice Antonin Scalia issued a concurring opinion and did not join in footnote three of the opinion of the Court. You can access the oral argument via this link.

3. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Skinner v. Switzer, No. 09-9000. Justice Clarence Thomas filed a dissenting opinion, in which Justices Anthony M. Kennedy and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court rules for inmate who wants DNA testing“; “High court rules vs. gov’t in open records case“; “Court: Leniency request starts appeal clock“; “Court won’t hear challenge to ‘In God We Trust’“; and “Court won’t hear appeal on ‘Spygate’ lawsuit.”

Posted at 10:06 AM by Howard Bashman