How Appealing



Wednesday, August 31, 2011

“Orie’s appeal rejected”: The Pittsburgh Tribune-Review has a news update that begins, “A state appeals court rejected state Sen. Jane Orie’s claim that she cannot be retried on corruption charges, ruling on Wednesday that she was responsible for her case ending in a mistrial.”

You can access today’s per curiam ruling of the Superior Court of Pennsylvania at this link.

Posted at 10:48 PM by Howard Bashman



“Revolt Weakens Jones’ Control of Fifth Circuit Law: Bankruptcy.” On Monday, Bloomberg News columnist Bill Rochelle had this essay.

Posted at 2:00 PM by Howard Bashman



“Judge strikes down key provisions of sonogram law; Attorney general says he will appeal ruling on law requiring women to receive procedure before an abortion”: Chuck Lindell and Tim Eaton have this article today in The Austin American-Statesman.

The Houston Chronicle reports today that “Judge stays sonogram law.”

And The Associated Press reports that “Federal judge rejects major parts of new Texas law on sonograms and abortions.”

You can access yesterday’s ruling of the U.S. District Court for the Western District of Texas at this link.

Posted at 8:32 AM by Howard Bashman



“Judges consider Jared Lee Loughner’s medication; Lawyers for the Tucson shooting suspect say his involuntary treatment with anti-psychotic drugs is a violation of his rights”: Carol J. Williams has this article today in The Los Angeles Times.

The Arizona Republic reports today that “Appeals panel weighs Loughner’s treatment; At core of debate are safety issues, defendant’s rights.”

And The Arizona Daily Star reports that “Appeal judges skeptical about Loughner medication.”

Posted at 8:22 AM by Howard Bashman



Tuesday, August 30, 2011

“This Week: Appeals Court to Weigh NSA Dragnet Surveillance.” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 10:40 AM by Howard Bashman



“Supreme Court investigation shows justices are no less screwed-up than anyone else”: Columnist Chris Rickert has this op-ed today in The Wisconsin State Journal.

Posted at 9:00 AM by Howard Bashman



“A key Sept. 11 legacy: more domestic surveillance; In one of the biggest changes to American life since the 2001 terrorist attacks, the government now collects vast quantities of information about its citizens.” This article appears today in The Los Angeles Times.

Posted at 8:52 AM by Howard Bashman



“Defense Tack in Family Killings Promises More Harrowing Jolts”: Today’s edition of The New York Times contains an article that begins, “For weeks last fall, until Steven J. Hayes was sentenced to death, Connecticut was riveted by testimony describing the nightmarish fate of the Petit family in Cheshire.”

Posted at 8:47 AM by Howard Bashman



Monday, August 29, 2011

“Goodwin Liu appears to have clear path to California Supreme Court”: Howard Mintz of The San Jose Mercury News has this update.

Posted at 10:11 PM by Howard Bashman



“Judicial commission is next in line to tackle court incident”: The Milwaukee Journal Sentinel has a news update that begins, “With two Supreme Court justices avoiding criminal charges last week, the pressure in the case now shifts to the state’s commission for disciplining judges.”

Posted at 10:08 PM by Howard Bashman



“Appeals court throws out sanctions against Miami federal prosecutors; A federal appeals court found that the U.S. attorney’s office did not act improperly in the high-profile prosecution of a Miami Beach doctor acquitted of overprescribing pain medication”: Jay Weaver of The Miami Herald has this news update.

The Associated Press reports that “Sanctions against Miami prosecutors overturned.”

And from Thomson Reuters, Alison Frankel’s “On the Case” has a report headlined “11th Circ. on prosecutorial misconduct: What does ‘or’ mean?

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 9:00 PM by Howard Bashman



“This case requires us to determine whether a child conceived through artificial insemination more than a year after her father’s death qualifies for benefits under the [Social Security] Act.” Addressing an issue that is already the subject of a circuit split, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit answered “no” in a ruling issued today.

Posted at 11:33 AM by Howard Bashman



Appellate practice pointer — the Eleventh Circuit demonstrates the advantages of understanding the meaning of a biblical allusion before persisting in an objection to it: On Tuesday of last week, Circuit Judge Ed Carnes issued this opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

On pages 32 through 34 of the opinion, the court rejects the argument that a federal district judge’s statement to the jury of “may you have the judgment of Solomon” before deliberations began should be understood as improperly encouraging the jury to “split the baby.”

Posted at 11:22 AM by Howard Bashman



“Commentary: The Court’s increasing reliance on amicus curiae in the past term.” R. Reeves Anderson and Anthony J. Franze have this essay in the August 24, 2011 issue of The National Law Journal’s “Supreme Court Insider.”

Posted at 11:11 AM by Howard Bashman



On judges as umpires — a recent Wall Street Journal article demonstrates that even baseball umpires can have style: An article that The Wall Street Journal published earlier this month was headlined “Baseball’s Masked Men Show Their Inner Hams on Strike Three; Gyrating Umpires Get Chance to Show Off When Batter Looks His Worst.”

A related graphic, which seeks to describe the strike-three mechanics of each major league baseball umpire, can be accessed here. Of course, when it comes to strike-three calls, it is difficult to compete with this one.

Posted at 11:00 AM by Howard Bashman



Sunday, August 28, 2011

“Revisiting the 2nd Amendment’s right to bear arms; So far the courts have limited guns mostly to the home; But the National Rifle Assn. is asking the Supreme Court to clarify that the right extends further”: David G. Savage has this article today in The Los Angeles Times.

Posted at 6:00 PM by Howard Bashman