How Appealing



Friday, January 31, 2014

“Utah A.G. joins other states in defending Nevada’s ban on gay marriage; They see a slippery slope in extending rights to same-sex couples”: Brooke Adams of The Salt Lake Tribune has this news update.

Posted at 10:20 PM by Howard Bashman



“Lawyer will fight for Dzhokhar Tsarnaev’s life”: The Boston Herald has an article that begins, “Federal prosecutors are facing a legal obstacle course — including a highly experienced anti-death-penalty defense attorney, a largely liberal Massachusetts jury pool and multiple appeals — before they can win an execution order against accused Boston Marathon bomber Dzhokhar Tsarnaev.”

Posted at 5:10 PM by Howard Bashman



Access online the January 2014 edition of “Appellate Issues,” published by the ABA’s Council of Appellate Lawyers: Via this link.

It contains articles titled “A Conversation With Solicitor General Donald B. Verrilli, Jr.”; “Honing the Knife: Editing Effectively to Improve Legal Writing”; “Handling the Difficult Oral Argument”; “Making Appellate Briefs More Effective: Selecting Issues and Structuring the Argument “; and “The Art of Dissent.”

Posted at 4:37 PM by Howard Bashman



“Pressure mounts on law societies to reject faith-based school’s graduates”: Today’s edition of The Toronto Globe and Mail contains a front page article that begins, “Concerned law professors are pressing their provincial societies to rethink recognizing graduates of a proposed new law program at Trinity Western University, a faith-based school that prohibits same-sex intimacy.”

And Vancouver Sun columnist Daphne Bramham has an essay titled “Anti-gay pledge could result in Trinity Western’s law degrees being worthless; B.C. Law Society has final say in approval of faculty; other provinces considering options.”

You can access the web site of Trinity Western University’s School of Law at this link, and the law school has posted online this FAQ addressing these issues.

Posted at 1:50 PM by Howard Bashman



“Rubio discusses decision to block Miami judge from reaching federal bench; Sen. Marco Rubio speaks to Local 10’s Michael Putney”: WPLG Local 10 of Miami has this video report.

Posted at 11:34 AM by Howard Bashman



Not so dear Abby: A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit yesterday issued an opinion in Abby v. Howe denying Michigan state prisoner Leo Abby’s appeal from the denial of his petition for writ of habeas corpus challenging a second-degree murder conviction.

According to the opinion’s recitation of facts:

On November 4, 2003, a resident of Buena Vista, Michigan, found a human leg on his lawn. The man alerted the police, who found several plastic bags containing dismembered human limbs nearby. All of the recovered remains belonged to Calvin Tubbs, a friend of Abby’s, who had last been seen on October 27, 2003.

Laboratory technicians found Abby’s fingerprints on some of the plastic bags. They also recovered bits of Tubbs’ flesh from a reciprocating saw that Abby had borrowed from his cousin on October 27, 2003. The police did not find any other physical evidence connecting Abby to the crime.

The opening brief for appellant can be accessed here.

Posted at 11:14 AM by Howard Bashman



Thursday, January 30, 2014

“Lawyers: Mo. moving too quickly on executions.” The Associated Press has a report that begins, “By the time the U.S. Supreme Court refused a last-minute request to stay the execution of Herbert Smulls, the Missouri inmate was already dead.”

Posted at 10:20 PM by Howard Bashman



“Can this brief save securities fraud class actions?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has a report that begins, “There is an awful lot of weight on David Boies’s shoulders in the U.S. Supreme Court case known as Halliburton v. Erica P.John Fund.”

Posted at 3:42 PM by Howard Bashman



“Federal prosecutors to seek death penalty against Marathon bombing suspect Dzhokhar Tsarnaev”: The Boston Globe has this news update.

The Boston Herald has a news update headlined “AG to seek death penalty against Dzhokhar Tsarnaev.”

And The Associated Press reports that “US prosecutors seek execution of marathon suspect.”

You can access the “Notice of Intent to Seek the Death Penalty” that federal prosecutors filed today in the U.S. District Court for the District of Massachusetts at this link.

Posted at 2:46 PM by Howard Bashman



In news from Louisiana: The Times-Picayune of New Orleans reports that “Louisiana Supreme Court throws out $330 million ruling against drug companies.”

And The Advocate of Baton Rouge reports that “La. high court reverses $258 million verdict; Attorney general sued over drug risk.”

You can access Tuesday’s 4-to-3 ruling of the Supreme Court of Louisiana at this link.

In other news, The Advocate reports that “La. Supreme Court upholds two statutes in gun law challenge.”

And The Associated Press reports that “Louisiana Supreme Court upholds juvenile concealed handgun ban.”

You can access Tuesday’s unanimous ruling of the Supreme Court of Louisiana at this link.

Posted at 11:26 AM by Howard Bashman



“Iowa Supreme Court will review service dog case; Justices will decide if lawsuit can move ahead in civil court”: Grant Rodgers has this article in today’s edition of The Des Moines Register.

Posted at 11:18 AM by Howard Bashman



“Michigan Supreme Court takes right-to-work case”: Paul Egan of The Detroit Free Press has a news update that begins, “The Michigan Supreme Court will rule on whether state employees are covered by the right-to-work law passed late in 2012, the court said today.”

Posted at 11:14 AM by Howard Bashman



“A Conversation with Justice Scalia”: Jessica Smith had this post yesterday at the blog “North Carolina Criminal Law.”

Posted at 10:54 AM by Howard Bashman



“Book profile: A Conspiracy Against Obamacare — The book based on the blog.” Ronald Collins has this post today at “SCOTUSblog.”

Posted at 10:52 AM by Howard Bashman



“Constitution Check: Is the Religious Freedom Restoration Act unconstitutional?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:50 AM by Howard Bashman



“Ban on antigay therapy for kids upheld”: Bob Egelko has this article today in The San Francisco Chronicle.

The Associated Press reports that “Court won’t revisit California ‘gay therapy’ ban.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Anti-gay Therapy Ban Upheld.”

You can access yesterday’s Ninth Circuit order denying rehearing en banc, accompanied by a dissent therefrom and an amended opinion from the three-judge panel, at this link.

Posted at 10:33 AM by Howard Bashman



“Black House members pressure Obama to name African-American to federal bench”: Mary Orndorff Troyan has this article today in The Montgomery (Ala.) Advertiser.

According to the article, “The state’s only black federal judge, Abdul Kallon of Birmingham, is considered a likely candidate for Obama to nominate to the 11th Circuit Court of Appeals, which would create a third district court vacancy.”

Posted at 10:28 AM by Howard Bashman



Wednesday, January 29, 2014

“Defense in Loop bomb plot case to get secret terror court filings”: The Chicago Tribune has this news update.

In Thursday’s edition of The New York Times, Charlie Savage will have an article headlined “Warrantless Surveillance Challenged by Defendant.”

Spencer Ackerman of The Guardian (UK) has an article headlined “Defence lawyers granted access to Fisa surveillance documents in terror case; Representatives for Adel Daoud allowed for the first time to view origins of evidence collected against him under surveillance law.”

And The Associated Press has a report headlined “Judge: Defense in terror case can see secret docs.”

You can access at this link today’s ruling of the U.S. District Court for the Northern District of Illinois.

Posted at 10:28 PM by Howard Bashman