How Appealing



Tuesday, January 31, 2012

“Justices may eye pardons; Attorney for former inmates hopes to halt nullification effort”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 11:04 PM by Howard Bashman



“Sane defendants may be denied self-representation, court rules; The California Supreme Court unanimously decides that a person could be sane enough to be tried but too mentally ill to act as his own lawyer”: Maura Dolan has this article today in The Los Angeles Times.

And in today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Court sets rule on mentally disturbed defendants.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 11:55 AM by Howard Bashman



“Go Shorty, It’s Your Birthday”: Astute “How Appealing” reader Richard Winger emails, in response to this post from earlier today:

Oklahoma State Senator Ralph Shortey’s SJR84 refers to the Oklahoma Supreme Court, not the US Supreme Court. That student newspaper story you linked to got it wrong. I know this from (1) reading the bill on-line; (2) talking to Senator Shortey’s office at [phone number redacted].

The student newspaper doesn’t seem to let anyone either leave a comment or e-mail the reporter who wrote the story.

Mr. Winger appears to be correct, as the proposed legislation can be downloaded via this link.

Update: I originally linked to the mobile version of this article. Comments can be posted online at the “full version” of the article. Finally, the PDF version of today’s newspaper, in which the article appears on page one, can be accessed here.

Posted at 11:27 AM by Howard Bashman



“Court to weigh restitution for child porn victim”: The Associated Press has a report that begins, “A federal appeals court in New Orleans has agreed to rehear two cases in which a victim of child pornography sought restitution from men who viewed sexually explicit photographs of her on the Internet.”

My earlier coverage of last week’s Fifth Circuit orders granting rehearing en banc can be accessed here.

Posted at 11:15 AM by Howard Bashman



“CIA Claims Publication of Bin Laden Death Photos Would ‘Trigger Violence'”: David Kravets has this post at Wired.com’s “Threat Level” blog.

My most recent earlier coverage appears here.

Posted at 7:50 AM by Howard Bashman



“Bill would end recognition of Supreme Court’s authority”: The Daily O’Collegian, the student newspaper of Oklahoma State University, has an article that begins, “A bill introduced Monday in the Oklahoma state Senate would forbid the United States Supreme Court from reviewing Oklahoma laws.”

The sponsor of the legislation, Oklahoma State Senator Ralph Shortey, was most recently in the news for proposing a law to protect the food supply (see articles here and here).

Posted at 7:40 AM by Howard Bashman



“Moot Court Is Anything But”: Today’s edition of The Hoya, the student newspaper of Georgetown University, contains an article that begins, “Of the 78 cases brought before the Supreme Court since its term began in October, 73 had been argued beforehand — in a moot court at the Georgetown University Law Center.”

Posted at 7:32 AM by Howard Bashman



“WikiLeaks founder’s hearing set to boost supreme court audience; Case of Julian Assange likely to provide useful insight into impact of televising high-profile court hearings”: The Guardian (UK) has this report.

Posted at 7:30 AM by Howard Bashman



“Contraceptive mandate could face tough sledding in Supreme Court; The healthcare law’s mandate to require religious-affiliated employers to pay for contraception for their workers has prompted two lawsuits; If the matter gets to the Supreme Court, it will go before justices who recently affirmed == in a 9-0 ruling == that the 1st Amendment gives special leeway to religious employers”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:28 AM by Howard Bashman



Monday, January 30, 2012

“Full D.C. Circuit Examines Use Of Machine Guns In Violent Crime”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 4:44 PM by Howard Bashman



“Long-Dead Ohio Farmer, Roscoe Filburn, Plays Crucial Role in Health Care Fight”: Ariane de Vogue of ABC News has this report.

Posted at 4:40 PM by Howard Bashman



“Why Jones is still less of a pro-privacy decision than most thought”: Tom Goldstein has this post today at “SCOTUSblog.”

Posted at 1:28 PM by Howard Bashman



“TN Supreme Court to decide role of Nashville sheriff’s office in immigration; Immigration enforcement is at heart of lawsuit”: Today’s edition of The Tennessean contains an article that begins, “The future role of the Davidson County Sheriff’s Office is in the hands of the Tennessee Supreme Court, which has been asked to weigh in on a federal lawsuit that challenges the authority of the department to enforce federal immigration law.”

Posted at 1:24 PM by Howard Bashman



“Supreme Court Fails to Communicate Effectively to Public, Law Scholar Argues”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 1:23 PM by Howard Bashman



Sunday, January 29, 2012

“Liquor store run by Supreme Court nominee’s family settles with U.S. authorities over $2M in deposits”: The Newark (N.J.) Star-Ledger has this news update.

Posted at 5:22 PM by Howard Bashman



“Another misstep in the fight over crosses: The Senate should reject a House-passed bill that would allow religious symbols on war memorials.” This editorial appears today in The Los Angeles Times.

Posted at 9:52 AM by Howard Bashman



Saturday, January 28, 2012

“California high court backs panel’s new state Senate districts; Even if a GOP-backed proposal to scrap the new plan qualifies for the November ballot, the map produced by a citizens commission is ‘clearly the most appropriate’ for the election, the court says”: Maura Dolan and Patrick McGreevy have this article today in The Los Angeles Times.

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Court rejects bid to hold up new voting districts.”

The Sacramento Bee reports that “Supreme Court validation of maps could give Democrats two-thirds Senate majority.”

The San Jose Mercury News reports that “State Supreme Court spurns Republican request to keep old maps.”

And Jason Hoppin of The Santa Cruz Sentinel reports that “State high court allows new political maps; Decision likely means Sen. Blakeslee won’t run.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 1:52 PM by Howard Bashman



“US Justice Sotomayor arrives on Saipan”: The Saipan Tribune has a news update that begins, “U.S. Supreme Court Associate Justice Sonia Sotomayor received a warm island greeting and leis when she arrived on Saipan around 6:30pm Saturday. Sotomayor, the first Hispanic justice, is the first sitting U.S. Supreme Court justice to step foot in the CNMI.” Yesterday’s edition of the newspaper reported that “Fitial to meet with Sotomayor on Sunday.”

And as Pacific Business News has noted in articles that you can access here and here, Justice Sonia Sotomayor will take part in the University of Hawaii William S. Richardson School of Law‘s US Supreme Court Jurists-in-Residence Program before returning to Washington, DC.

Posted at 8:11 AM by Howard Bashman



Friday, January 27, 2012

U.S. Court of Appeals for the Fifth Circuit grants rehearing en banc to reconsider the amount of restitution that a district court may order a defendant convicted of possessing child pornography to pay to children depicted in the images: Today, the Fifth Circuit posted online this order issued Wednesday granting rehearing en banc in the case captioned United States v. Wright and this order issued Wednesday granting rehearing en banc in the case captioned In re: Amy Unknown.

The original three-judge panel’s opinion in the Wright case included a specially concurring opinion written by Circuit Judge W. Eugene Davis, in which all three judges on the panel joined, that began, “I write separately to express my disagreement with the recent holding by the In re Amy panel that section 2259 does not limit the victim’s recoverable losses to those proximately caused by the defendant’s offense and to urge the court to grant en banc review of that decision.”

My earlier coverage of the three-judge panel’s decision in Wright appears at this link. And earlier coverage of the Fifth Circuit’s ruling in In re: Amy Unknown appears at this link.

Posted at 10:30 PM by Howard Bashman