How Appealing



Thursday, September 19, 2013

“A Proposal to Cut Costs in CJA Appeals”: Steve Klepper has this post today at the “Maryland Appellate Blog.”

Posted at 8:07 PM by Howard Bashman



Comedian-judge gets last laugh: The Record of Hackensack, New Jersey has a news update headlined “South Hackensack judge resigns after court rules he can’t moonlight as a comic” that begins, “Vince A. Sicari resigned from his position as a municipal judge in South Hackensack on Thursday after the state Supreme Court ruled he could not continue in that position while moonlighting as a standup comic.”

My earlier coverage of today’s New Jersey Supreme Court ruling appears at this link.

Posted at 7:42 PM by Howard Bashman



“Justice Dept. watchdog never probed judges’ NSA concerns; In response to a FOIA request from USA TODAY, the Justice Department said its ethics office never looked into complaints from two federal judges that they had been misled about NSA surveillance”: Brad Heath of USA Today has this news update.

Posted at 3:51 PM by Howard Bashman



“Government to challenge Hobby Lobby’s reprieve from fines; Feds challenge injunction that has allowed Hobby Lobby to avoid fines for refusing to cover the cost of some contraceptives for its workers”: The Oklahoman has this report.

Posted at 3:34 PM by Howard Bashman



“In 5-4 ruling, state Supreme Court upholds ‘medical necessity’ defense in Olympia pot-growing case”: The Olympian of Olympia, Washington has this news update.

And The Associated Press has a report headlined “Wash. court: Medical necessity OK reason for pot” that begins, “Washington’s Supreme Court says defendants busted for marijuana can argue they needed it for medical reasons, even if they failed to follow the requirements of the state’s medical marijuana law.”

You can access today’s ruling of the Supreme Court of Washington State at this link.

Posted at 3:14 PM by Howard Bashman



“Gov. Rick Scott seeks Supreme Ct. review of worker drug test”: The Associated Press has a report that begins, “Gov. Rick Scott intends to take his fight for random drug tests of tens of thousands of state employees all the way to the U.S. Supreme Court, a lawyer for the Republican governor told a federal judge Thursday.”

Posted at 2:00 PM by Howard Bashman



“Nina Pillard Nomination for D.C. Circuit Advances”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 1:15 PM by Howard Bashman



“Court reverses DeLay conviction”: The Austin American-Statesman has a news update that begins, “The Third Court of Appeals, on a 2-to-1 vote, has reversed the criminal conviction of former U.S. Majority Leader Tom DeLay, once the second most powerful Texas in Washington D.C. before the criminal case forced his retirement from politics.”

The Associated Press reports that “Conviction of ex-US House leader DeLay’s tossed.”

And Bloomberg News reports that “Ex-House Leader Tom DeLay Has Money Laundering Conviction Tossed.”

Today’s ruling of the Third Court of Appeals of Texas consists of a majority opinion and a dissenting opinion.

Posted at 11:16 AM by Howard Bashman



“In this appeal the Court considers whether a part-time municipal court judge may also pursue a parallel acting and comedy career.” So begins the syllabus of an opinion that the Supreme Court of New Jersey issued today.

In early news coverage, The Associated Press reports that “NJ’s high court rules against ‘joking judge.’

And yesterday, Philly.com previewed today’s ruling in a report headlined “N.J. Supreme Court to decide if part-time judge, full-time comedian can keep both jobs.”

Posted at 10:24 AM by Howard Bashman



“Everyday heroes etched in Supreme Court history”: In today’s edition of USA Today, Richard Wolf has an article that begins, “Shaun McCutcheon is fast becoming a household name — at least in lofty legal and political circles.”

Posted at 9:20 AM by Howard Bashman



“Cellphone-Wiretap Ruling Is a Headache for Prosecutors; Opinion Says Authority to Listen In on Calls Doesn’t Cross Federal-Court-District Boundaries”: Joe Palazzolo has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.

Posted at 8:35 AM by Howard Bashman



Wednesday, September 18, 2013

“Court likely to oppose blocking gay jurors”: Bob Egelko of The San Francisco Chronicle has this news update.

And in Thursday’s edition of The Los Angeles Times, Maura Dolan will have an article headlined “Court wrestles with protecting gays from jury exclusion; Appellate judges question lawyers about the removal of a gay man during jury selection for an antitrust trial two years ago.”

You can access at this link the audio of today’s Ninth Circuit oral argument. Earlier today, I collected additional coverage of the oral argument in a post you can access here.

Posted at 10:02 PM by Howard Bashman



“University of Portland student gets help, inspiration from controversial Supreme Court Justice Clarence Thomas”: The Oregonian has this report.

Posted at 9:08 PM by Howard Bashman



“At Stanford, Justice Ginsburg says collegiality is not swayed by bitter battles; Ruth Bader Ginsburg met with students and spoke with the university community about the most recent term of the Supreme Court during a visit to Stanford on Constitution Day”: Stanford University has issued this news release.

Posted at 9:05 PM by Howard Bashman



“California Fuel Standard Doesn’t Discriminate, Court Says”: Bloomberg News has this report.

Reuters reports that “U.S. appeals court rejects California fuel rule challenge.”

The Associated Press reports that “Court upholds Calif.’s low carbon fuel standard.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “California Low Emission Ethanol Standards Upheld.”

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

Posted at 3:07 PM by Howard Bashman



“Vivid Appeals Denial of TRO With 9th Circuit”: XBIZ Newswire has a report that begins, “Vivid Entertainment yesterday filed an appeal over U.S. District Judge Dean Pregerson’s denial of a temporary restraining order in the studio’s suit against enforcement of Measure B, which requires the use of condoms in the production of adult movies in Los Angeles County.”

And Mark Kernes of AVN News reports that “Measure B Plaintiffs Ask Ninth Circuit to Remove AHF From Case; They also argue that Measure B is both ineffective and unconstitutional.”

You can access at this link (4.7 MB PDF file) the opening Brief for Appellants that Vivid Entertainment filed Monday in the U.S. Court of Appeals for the Ninth Circuit.

Posted at 9:00 AM by Howard Bashman



“Sandra Day O’Connor to law students: ‘Learn everything you can’; O’Connor speaks at CU-Boulder for Constitution Day.” The Daily Camera of Boulder, Colorado has this report.

Posted at 8:50 AM by Howard Bashman



“Jerry Sandusky’s lawyer makes case for new trial at appeal hearing”: This article appears today in The Centre Daily Times of State College, Pennsylvania.

The Times Leader of Wilkes-Barre, Pennsylvania reports today that “Judges to decide Sandusky’s appeal for new trial; Ex-PSU assistant coach’s petition gets hearing in state court session at county courthouse.”

The Citizens’ Voice of Wilkes-Barre reports today that “Sandusky attorney admits ‘errors’ didn’t alter verdict.” And a related article is headlined “The Scene: Satellite trucks, interest follow Sandusky case to Luzerne Co.

Peter Hall of The Morning Call of Allentown, Pennsylvania reports today that “Sandusky lawyer cites delay in victims reporting abuse in reasoning for new trial.”

The Patriot-News of Harrisburg, Pennsylvania reports that “Sandusky attorney argues for new trial during appeal hearing.”

The Pittsburgh Post-Gazette reports that “In Sandusky appeal, lawyers argue trial errors.”

Today’s edition of The Pittsburgh Tribune-Review contains an article headlined “Lawyers: In rushed trial, judge violated Sandusky’s rights.”

Bloomberg News reports that “Ex-Coach Sandusky Should Get New Trial, Lawyer Argues.”

And The Associated Press reports that “Sandusky’s bid for new trial in Pa. judges’ hands.”

You can access the appellate court filings in the case via this link.

Posted at 8:40 AM by Howard Bashman