How Appealing



Tuesday, October 22, 2013

“Accessing oral arguments in federal appellate cases”: Derek Muller has this post today at his blog, “Excess of Democracy.”

Posted at 3:30 PM by Howard Bashman



“Court Rules Probable-Cause Warrant Required for GPS Trackers”: At Wired.com’s “Threat Level” blog, Kim Zetter has a post that begins, “An appellate court has finally supplied an answer to an open question left dangling by the Supreme Court in 2012: Do law enforcement agencies need a probable-cause warrant to affix a GPS tracker to a target’s vehicle?”

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

Posted at 2:27 PM by Howard Bashman



“Victorian supreme court to submit to blogging to keep public informed; Rather than just accept the dwindling presence of court reporters, chief justice wants to bring court into digital age”: The Guardian (UK) has this report.

Posted at 1:45 PM by Howard Bashman



“Hobby Lobby asks Supreme Court to hear contraceptives case; Oklahoma City-based retailer files brief agreeing with the federal government that the high court should take up the case”: This article appears today in The Oklahoman.

Posted at 1:40 PM by Howard Bashman



“At Last, the Supreme Court Turns to Mental Disability and the Death Penalty; A new case will give the justices a chance to address a compromise that simply doesn’t work”: Andrew Cohen has this essay online today at The Atlantic.

Posted at 1:20 PM by Howard Bashman



“Supreme Court to hear Hard 50 appeal; Tuesday docket includes man convicted in 2009 murder of Johnson County woman”: The Associated Press has a report that begins, “Kansas Supreme Court justices on Tuesday will hear the first appeal of a Hard 50 prison sentence since lawmakers changed the way the sentence is imposed during a September special session.”

Posted at 8:22 AM by Howard Bashman



“In New Haven, Justice Sotomayor shares the story of her life”: This article appears today in The New Haven Register.

More information about Justice Sonia Sotomayor’s visit yesterday to Southern Connecticut State University can be accessed here.

Posted at 8:11 AM by Howard Bashman



“Constitution Check: How strong is the same-sex marriage tide running?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:58 AM by Howard Bashman



Monday, October 21, 2013

Under the “three strikes” provision of the Prison Litigation Reform Act, restricting a prisoner’s ability to maintain suit in forma pauperis, may an earlier suit rejected at the summary judgment stage count as a strike? A sharply divided en banc U.S. Court of Appeals for the Fourth Circuit today ruled by a margin of 8-to-5 (with an additional judge concurring in the judgment solely on other grounds) that an earlier suit decided against the prisoner at the summary judgment stage can constitute a “dismissal” for purposes of the applicable “three strikes” provision.

Posted at 10:44 PM by Howard Bashman



“Justices Agree to Clarify Mental Disability in Capital Cases”: Adam Liptak of The New York Times has this news update.

And Warren Richey of The Christian Science Monitor has an article headlined “Death penalty: Supreme Court to hear case of mentally deficient Florida man; Florida says the man does not score below its 70-point IQ cutoff line for death penalty cases, but the Supreme Court has decided to consider whether his execution would be cruel and unusual.”

Update: In other coverage, David G. Savage of The Los Angeles Times reports that “Supreme Court to grapple with mental disability and the death penalty.”

And Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court will rule on role of mental disability in death row case.”

Posted at 4:22 PM by Howard Bashman



“Jim Thorpe, Pa., fights to keep its namesake; His family wants to return the athlete’s remains to the Oklahoma reservation where he grew up; But the town wants to keep Jim Thorpe in Jim Thorpe”: David Zucchino had this front page article in last Friday’s edition of The Los Angeles Times.

Posted at 4:20 PM by Howard Bashman



“Right the First Time: Judge Richard Posner’s mistaken change of heart on voter ID.” Hans A. von Spakovsky has this essay at National Review Online.

Posted at 11:15 AM by Howard Bashman



“Christie withdraws appeal of gay marriage ruling”: The Newark (N.J.) Star-Ledger has a news update that begins, “Gov. Chris Christie announced today that he was dropping the fight against same-sex marriage in New Jersey by withdrawing his his appeal of a major case that was being heard by the state Supreme Court.”

The Record of Hackensack, New Jersey has a news update headlined “Christie administration withdraws appeal of ruling allowing gay marriage in NJ.”

The New York Times has a news update headlined “Christie Withdraws Appeal of Same-Sex Marriage Ruling in New Jersey.”

The Philadelphia Inquirer has a news update headlined “Christie drops gay marriage appeal.”

The Associated Press reports that “NJ Gov. Christie drops gay marriage appeal.”

Bloomberg News reports that “Christie Withdraws Gay Marriage Appeal as Couples Wed.”

And Reuters reports that “Gay marriage becomes legal in N.J. after Christie drops opposition.”

Posted at 9:58 AM by Howard Bashman