How Appealing



Wednesday, February 12, 2014

“Teen’s Sentence Won’t Go Before En Banc Circuit”: Courthouse News Service has a report that begins, “With seven judges complaining about the creation of a circuit split, the 9th Circuit refused Wednesday to disturb the reversal of a teenager’s 254-year prison sentence.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the dissent therefrom, at this link. A total of seven judges joined in the dissent from the denial of rehearing en banc.

The original three-judge panel’s unanimous ruling can be accessed here.

Posted at 11:00 PM by Howard Bashman



“Contraception mandate burdens religious exercise, Hobby Lobby argues; With U.S. Supreme Court arguments looming, the Oklahoma City-based chain says law protects corporations as well as individuals”: Chris Casteel of The Oklahoman has this report.

Posted at 10:42 PM by Howard Bashman



“Resentencing delayed for convicted terrorism plotter with Broward ties; Trained al-Qaida fighter Jose Padilla could face harsher penalty after appeals court says judge erred in giving him 17 years”: The South Florida Sun Sentinel has this news update.

Posted at 10:12 PM by Howard Bashman



“Looking vs. Touching: Is possession of child pornography a crime worthy of years in prison?” Jacob Sullum has this essay online today at Reason.

Posted at 9:21 PM by Howard Bashman



“ND case hearing turns contentious”: The South Bend Tribune has this news update.

In Thursday’s edition of The Wall Street Journal, Ben Kesling and Louise Radnofsky will have an article headlined “Judges Push Back on Notre Dame Challenge; School’s Bid to Be Exempt From Any Involvement in Contraception Coverage Draws Skeptical Responses From the Bench.” You can freely access the full text of the article via Google.

And Thursday’s edition of The Chicago Tribune will contain an article headlined “Judge, Notre Dame attorneys spar in school’s health care law appeal.”

You can access the oral argument of today’s oral argument at the U.S. Court of Appeals for the Seventh Circuit in Univ. of Notre Dame v. Sebelius, No. 13-3853, at this link.

Posted at 7:51 PM by Howard Bashman



“Kentucky ban on gay marriages from other states struck down by federal judge”: The Courier-Journal of Louisville has this news update.

The Lexington Herald-Leader has a news update headlined “Federal judge: Kentucky must recognize same-sex marriages from other states.”

The Associated Press has a report headlined “Judge: Ky. must recognize same-sex marriages.”

Bloomberg News reports that “Kentucky Told to Recognize Out-of-State Same-Sex Marriage.”

Reuters has a report headlined “Kentucky must recognize same-sex marriages from other states: judge.”

And at “SCOTUSblog,” which provides this link to the ruling, Lyle Denniston has a post titled “Kentucky ruling on same-sex marriages.”

Posted at 6:03 PM by Howard Bashman



Dog bites dog, and — four and one-half years later — the Supreme Court of Pennsylvania divides 3-to-3 over whether a provision of Pennsylvania’s Dog Law creates an absolute liability offense: According to the opinion in support of reversal, the attacking dog was a black giant schnauzer, while the dog that was the victim of the attack was a Bernese mountain dog. Fortunately, the victim did not suffer any long-term injuries.

Today’s affirmance by an equally divided court consists of a per curiam order; two opinions in support of affirmance (here and here); and an opinion in support of reversal.

Posted at 4:40 PM by Howard Bashman



Programming note: This morning, I have a meeting out of the office with trial counsel in a pending appeal that I’m working on. As a result, additional posts won’t appear here until this afternoon. You can check this blog’s Twitter feed for appellate-related retweets in the interim.

Posted at 8:00 AM by Howard Bashman