How Appealing



Wednesday, March 9, 2011

“Judge dismisses challenge to gay marriage barriers; Hennepin County judge said a 1971 state Supreme Court ruling and state law prohibit same-sex marriage”: The Minneapolis Star Tribune contains this article today.

Posted at 8:07 AM by Howard Bashman



“The Empire strikes back in copyright row: Judges forced to rule on who owns Stormtrooper helmet.” This article appears today in The Daily Mail (UK).

Posted at 8:05 AM by Howard Bashman



Tuesday, March 8, 2011

Transcript of the recent Third Circuit reargument en banc in which I participated: Today, the transcript of last month’s reargument en banc of the challenge to the class certification of the De Beers antitrust settlement was electronically filed, and you can access a copy of that oral argument transcript by clicking here. The audio of the en banc reargument remains available online via this link (81.5MB Windows Media audio file).

On February 25, 2011, I had a post titled “Handouts and demonstratives at an appellate oral argument” in which I linked to Class Counsel’s motion for leave to file the handout that Class Counsel had wanted to use at oral argument and the response that I filed to that motion.

Within hours after I filed that response, Class Counsel filed a document titled “Motion by Appellees to Strike Portions of Appellant Quinn’s Unauthorized Brief in the Guise of a Response to Motion to file Handouts.” In the alternative, Class Counsel’s motion stated that “ Appellees respectfully request leave to file a response to the points raised in the unauthorized brief and that there be no further reply by Quinn.”

Moments ago, and two days before my response to the motion to strike was due, the Third Circuit issued an order denying the motion to strike, allowing Class Counsel to file a response by a specified date, denying Class Counsel’s request that my client be prohibited from filing any reply, and consequently allowing my client to file a reply by a specified date.

Posted at 5:33 PM by Howard Bashman



“Al-Haramain appeal to be heard by 9th circuit court”: Today’s edition of The Mail Tribune of Medford, Oregon contains an article that begins, “Federal appeals court judges will convene Wednesday in Portland to hear arguments over whether the federal government violated the U.S. Constitution in designating Pete Seda’s defunct Ashland-based Al-Haramain Islamic Foundation chapter as a terrorist organization in 2004.”

Posted at 3:44 PM by Howard Bashman



“Iowa courts struggling with application of U.S. Supreme Court ruling; Family of man convicted in 1994 when he was 17 hope federal decision can lead to parole”: This article — the first in a two-part series — appears online at the web site of The Iowa Independent.

Posted at 11:48 AM by Howard Bashman



“High court ruling will establish groundwork for hepatitis outbreak trials”: Today’s edition of The Las Vegas Review-Journal contains an article that begins, “Nurses can do a lot of things, but they can’t testify as experts about the cause of a hepatitis C outbreak, an attorney told the Nevada Supreme Court on Monday.”

And in other news from Nevada, The Las Vegas Sun reports today that “Chief justice touts budget savings of Nevada Supreme Court.”

Posted at 11:46 AM by Howard Bashman



“Government Does An About Face on Amicus Brief in Rubashkin v. U.S.” The Washington Legal Foundation’s “Legal Pulse” blog has this post.

My earlier coverage of this matter can be accessed here.

Posted at 11:40 AM by Howard Bashman



“Top jurist urges review of ‘coercive’ plea bargaining system”: Kirk Makin has this article today in The Toronto Globe and Mail.

Posted at 11:35 AM by Howard Bashman



“House Speaker Dean Cannon wants to expand state Supreme Court to 10 justices, two panels”: The St. Petersburg Times today contains an article that begins, “Under a dramatic overhaul of the state court system proposed by House Speaker Dean Cannon on Monday, Gov. Rick Scott could end up choosing three new Supreme Court justices.”

Posted at 10:02 AM by Howard Bashman



“Indian Island case could remain tied up in courts despite Supreme Court ruling”: Today’s edition of The Peninsula Daily News of Port Angeles, Washington contains an article that begins, “The U.S. Supreme Court ruled Monday that the Navy cannot use a particular exemption in the Freedom of Information Act to withhold explosives data and maps showing extent of damage if there were an explosion at Naval Magazine Indian Island.”

The Leader of Port Townsend, Washington reports today that “Supreme Court rules 8-1 against Navy in public records request for info on Naval Magazine Indian Island.”

The Seattle Times reports that “High court rules rules against Navy in Wash. state ammo depot case; A Lake Forest Park man’s U.S. Supreme Court case becomes a big win for freedom of information.”

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Major transparency win at Supreme Court.”

Posted at 9:57 AM by Howard Bashman



“Next chapter in recopyright law: Supreme Court.” Today’s edition of The Denver Post contains an article that begins, “After a 10-year journey through the legal minor leagues, a Denver symphony conductor’s suit against the federal government has made it to law’s biggest stage.”

Posted at 9:44 AM by Howard Bashman



“What Are Your Chances of Winning on Appeal?” The March 2011 installment of my “On Appeal” column, which you can access by clicking here, appears in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

This month’s column begins, “One thing that the administrators who help run appellate courts are good at is statistics.”

Posted at 9:32 AM by Howard Bashman



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