How Appealing



Wednesday, January 23, 2013

Unanimous three-judge Seventh Circuit panel declares unconstitutional a recent Indiana statute prohibiting most registered sex offenders from using social networking websites, instant messaging services, and chat programs: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit in John Doe v. Prosecutor at this link.

Update: In early news coverage, The Indianapolis Star has a news update headlined “Court overturns Indiana ban on sex offenders using social networks.”

The Associated Press has a report headlined “Court: Sex offender Facebook ban unconstitutional.”

Declan McCullagh of c|net reports that “Sex offenders have right to tweet, appeals court says.”

Tal Kopan of Politico.com has a blog post titled “Court upholds sex offenders’ right to social media.”

And Reuters reports that “Appeals court strikes down Indiana sex offender law.”

Posted at 11:28 AM by Howard Bashman



“At Supreme Court, Gay Marriage Foes Make Their Strongest Case Yet; With an eye to persuading Justice Kennedy, Prop 8’s supporters finally have laid out the best version of their argument”: Andrew Cohen has this essay online at The Atlantic.

Posted at 11:22 AM by Howard Bashman



“Huguely files appeal for new trial”: Today’s edition of The Daily Progress of Charlottesville, Virginia contains an article that begins, “Attorneys representing convicted murderer George W. Huguely V are asking the Court of Appeals of Virginia to grant him a new trial, arguing that the former University of Virginia lacrosse player was denied his constitutional right to be represented by an attorney of his choosing, that the evidence didn’t support his conviction and citing what they call procedural errors.”

According to the article, “Washington-based attorney Paul D. Clement and attorney Craig S. Cooley, of Richmond, filed a 57-page petition for appeal Tuesday.”

The Baltimore Sun reports today that “Huguely petitions to appeal conviction in Yeardley Love death; Attorneys argue procedural missteps mean he should get new trial.”

ABC News reports that “UVa. Lacrosse Killer George Huguely Appeals for New Trial.”

And Bloomberg News reports that “Ex-UVA Lacrosse Player Seeks New Trial in Girlfriend Murder.”

Posted at 11:14 AM by Howard Bashman



“Innocence Project co-founder pushes scientific proof in law; Defense lawyer Barry Scheck spoke in honor of the 2012-2013 academic year ­theme, ‘Year of Proof'”: This article appears today in The Daily Pennsylvanian.

Posted at 11:05 AM by Howard Bashman



“Supreme Commuter: Justice Is Swift — and in a Hurry.” Kara Bloomgarden-Smoke of The New York Observer has an article that begins, “If Supreme Court justice Sonia Sotomayor has a fan club, you could have found its members on Saturday afternoon at El Museo del Barrio on Fifth Avenue and 104th Street.”

Posted at 8:44 AM by Howard Bashman



“Orie Melvin jury selection begins today”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “Jury selection begins this morning in the criminal case against suspended state Supreme Court Justice Joan Orie Melvin.”

The Pittsburgh Tribune-Review reports today that “Trial to open in corruption case against Melvin and sister, former aide Orie.”

And The Associated Press reports that “Jury picking set for Pa. Justice Joan Orie Melvin.”

Posted at 8:32 AM by Howard Bashman



Tuesday, January 22, 2013

“Cary wins appeal in sign case against homeowner”: The News & Observer of Raleigh, North Carolina has an update that begins, “A federal appeals court has ruled in favor of the town in the ‘Screwed By The Town of Cary’ lawsuit, signaling that the long saga may be nearing its end.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:36 PM by Howard Bashman



“How Aaron Swartz’s Cause Wins in the End: The protests against his prosecution will promote open access.” Law professor Eric Posner has this essay online at Slate.

Declan McCullagh of c|net has a follow-up report headlined “Senator disputes Aaron Swartz’s SOPA, Protect IP role; Senate Judiciary spokeswoman denies that a meeting between a committee aide and the late activist Aaron Swartz led to the creation of the anti-SOPA advocacy group Demand Progress.”

And at his blog “it is NOT junk,” professor Michael Eisen has a post titled “How academia betrayed and continues to betray Aaron Swartz.”

Posted at 10:28 PM by Howard Bashman



“How Aaron Swartz helped to defeat Hollywood on SOPA: Aaron Swartz’s former roommate, Peter Eckersley, says the late activist started Demand Progress because from D.C.’s perspective, it ‘doesn’t matter’ if their laws break the Internet.” Declan McCullagh of c|net has this report.

Newsday columnist Cathy Young has an essay titled “Aaron Swartz was unreasonable about information access.”

At The Huffington Post, Steven Strauss has a blog entry titled “Are We a Nation of Sheep?

And at “the media guy” blog of Ad Age, Simon Dumenco has a post titled “Why the Prosecution of Internet Activist Aaron Swartz Matters to You, Personally; Bad Laws Can and Will Be Used Against You.”

Posted at 5:50 PM by Howard Bashman



“California’s Proposition 8: Backers of same-sex marriage ban make their arguments to U.S. Supreme Court.” Howard Mintz of The San Jose Mercury News has this update.

Posted at 5:32 PM by Howard Bashman



“Fourth Circuit to Hear Dispute Over Cell Phone Contraband Conviction”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 5:18 PM by Howard Bashman



“Lawyers for Huguely file appeal in slaying of former girlfriend”: The Richmond Times-Dispatch has a news update that begins, “Lawyers for former University of Virginia lacrosse player George W. Huguely V today appealed his conviction for the murder of fellow student Yeardley Love, arguing that jury selection in the high-profile case was flawed and that evidence in the case was insufficient to support a second-degree murder conviction.”

Posted at 4:00 PM by Howard Bashman



“Justice Sotomayor tells Oprah her feelings about lawyers”: Katheryn Hayes Tucker has this post today at the “ATLaw” blog of The Fulton County Daily Report.

Posted at 3:32 PM by Howard Bashman



“Supreme Court declines to hear challenge to SO2 rule”: Lawrence Hurley and Jeremy P. Jacobs of Greenwire have this report.

Posted at 3:18 PM by Howard Bashman



“Court considering UT campus speech challenge”: The Associated Press has a report that begins, “John McGlone went to the University of Tennessee campus in Knoxville intent on preaching God’s word to college students but found himself tangled up with university administrators over a policy requiring student sponsorship to speak at the school.”

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

Posted at 3:10 PM by Howard Bashman



“In securities litigation, SCOTUS has Congress’s back”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 3:07 PM by Howard Bashman



“Gitmo prosecutor not backing down”: Josh Gerstein of Politico.com has a blog post that begins, “The chief prosecutor for the military commissions at Guantanamo Bay, Brig. Gen. Mark Martins, isn’t backing down from his effort to eliminate conspiracy charges from the case against the alleged 9/11 conspirators.”

Posted at 2:55 PM by Howard Bashman



“U.S. Supreme Court cert grant is bittersweet for Sawicki & Lauten lawyer”: John Council has this post today at the “Tex Parte Blog” of Texas Lawyer.

Posted at 2:40 PM by Howard Bashman