How Appealing



Wednesday, May 13, 2015

“Scalia critiques fast and loose Constitutional interpretations”: Howard Fischer of The Arizona Daily Star has this report.

Posted at 7:22 PM by Howard Bashman



“The Strange Case of the Forgotten Gitmo Detainee: Abu Zubaydah was tortured and waterboarded by the CIA — but his troubles really began when his case arrived in a D.C. courtroom.” Raymond Bonner has this article online at Politico Magazine.

Posted at 11:38 AM by Howard Bashman



“Breaking the Law — and Blaming the Supreme Court: Illinois Governor Bruce Rauner refuses to collect ‘fair share’ fees from public employees because he expects them to be found unconstitutional.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 11:20 AM by Howard Bashman



“Tsarnaev jury given instructions ahead of closing arguments”: Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have this news update.

Posted at 11:12 AM by Howard Bashman



“US court hears dispute over 5 Somali pirates’ sentences”: The Associated Press has a report that begins, “The federal government has asked a federal appeals court to order life sentences for five Somali pirates who attacked a Navy ship that they mistook for a cargo vessel.”

When the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it.

Posted at 11:09 AM by Howard Bashman



“The CFAA meets the ‘cannibal cop’ in the Second Circuit — and maybe beyond”: Orin Kerr has this post today at “The Volokh Conspiracy.”

Posted at 9:12 AM by Howard Bashman



Tuesday, May 12, 2015

“Tight vote expected in death penalty repeal hearing”: The News Journal of Wilmington, Delaware has an update that begins, “A two-year long effort to end Delaware’s death penalty could come down to one vote.”

Posted at 8:56 PM by Howard Bashman



“Bob McDonnell Tries, Tries Again: The former Virginia governor, convicted on corruption charges, makes his case to an appeals court; The judges are skeptical.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:09 PM by Howard Bashman



“I’m a florist, but I refused to do flowers for my gay friend’s wedding; My relationship with God trumps my connection to anyone on Earth; And now I’m getting sued”: Barronelle Stutzman has this entry today at the “PostEverything” blog of The Washington Post.

Posted at 8:07 PM by Howard Bashman



“Final appeals are heard as judge considers release of John Hinckley”: Spencer S. Hsu of The Washington Post has a news update that begins, “Federal prosecutors and attorneys for John W. Hinckley Jr. made their final appeals Tuesday to a federal judge who is considering the release of President Ronald Reagan’s attempted assassin from a government psychiatric hospital where he mostly has been confined since 1981.”

And Timothy M. Phelps of The Los Angeles Times has a news update headlined “Lawyers argue over freedom for attempted assassin John Hinckley Jr.

Posted at 8:04 PM by Howard Bashman



“Lawyer says ‘Cannibal Cop’ plot a fantasy on level of leprechauns”: The New York Post has this news update.

Newsday reports that “Appeals court hears arguments in ‘cannibal cop’ Gilberto Valle’s case.”

Reuters reports that “New York’s ‘cannibal cop’ back in spotlight at appeals court.”

The Associated Press reports that “Appeals court weighs jury verdict in NYC ‘cannibal cop’ case.”

And Courthouse News Service reports that “Appeals Judges Ponder ‘Cannibal Cop’ Charges.”

Unfortunately, because the U.S. Court of Appeals for the Second Circuit does not post oral argument audio online, we must rely on this news coverage rather than hearing first-hand which arguments in the “cannibal cop” appeal the Second Circuit panel sunk its teeth into today. There is now, however, an HBO documentary on the case, which was reviewed in yesterday’s edition of The New York Times.

Posted at 6:07 PM by Howard Bashman



“Montana: Stanford, Dartmouth mailers broke campaign laws.” The Associated Press has a report that begins, “Researchers at Stanford University and Dartmouth College broke Montana laws when they sent mailers about the state’s two Supreme Court races to more than 100,000 voters in 2014, Montana’s campaign regulator said Tuesday.”

Posted at 1:05 PM by Howard Bashman



“Lawyers, prosecutors argue McDonnell case at appeals court”: The Richmond Times-Dispatch has this news update.

The Virginian-Pilot has a news update headlined “Appeals court hears arguments in Bob McDonnell case.”

The Associated Press reports that “Appeals court hears arguments in ex-Gov. McDonnell’s case.”

And The Washington Post has this updated report.

You can access via this link (44.8 MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Posted at 1:02 PM by Howard Bashman



“State Supreme Court to release hundreds of pages in Doe probe on Wednesday”: Patrick Marley of The Milwaukee Journal Sentinel has a blog post that begins, “The Wisconsin Supreme Court will release hundreds of pages of filings on Wednesday in three cases it is considering over an investigation into Gov. Scott Walker’s campaign and conservative groups backing him.”

Posted at 11:02 AM by Howard Bashman



“SC upholds ban on national anthem use as ringtone”: In news from Bangladesh, The Dhaka Tribune has this report.

bdnews24.com reports that “Supreme Court confirms ban on national anthem as phone’s ringtone, welcome tune.”

And Reuters reports that “Bangladesh mobile phones can’t ring national anthem.”

Any of this blog’s readers who have better luck than I did finding a copy of yesterday’s ruling at the web site of the Supreme Court of Bangladesh are invited to email to me a link to the decision.

Posted at 10:30 AM by Howard Bashman



Monday, May 11, 2015

“Tex. bill would bar local officials from issuing same-sex-marriage licenses”: The Washington Post has an article that begins, “Texas Republicans are pushing legislation to bar local officials from granting same-sex couples licenses to marry, launching a preemptive strike against a possible U.S. Supreme Court ruling next month that could declare gay marriage legal.”

Posted at 11:49 PM by Howard Bashman



“Making the Case: A conversation with one of the lawyers who argued last month’s big gay-rights case at the Supreme Court.” You can access the most recent installment of Slate’s “Amicus” podcast featuring Dahlia Lithwick via this link.

Posted at 11:03 PM by Howard Bashman



“Court filing is latest turn in squabble over Wisconsin chief justice”: Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “Soon after she was elected chief justice of the Wisconsin Supreme Court, Patience Roggensack demanded her pay be raised by $8,000 a year and tried to move into another justice’s office, according to a court filing Monday.”

Posted at 10:20 PM by Howard Bashman



“Some developments go ex-Va. governor’s way as hearing nears”: The Associated Press has a report that begins, “In the eight months since former Virginia Gov. Bob McDonnell was convicted of public corruption, a few developments have gone his way.”

Posted at 9:56 PM by Howard Bashman



“Angola inmate argues that three decades in solitary is unconstitutional punishment; Whitmore, serving life in 1973 killing, filed lawsuit against warden”: Today’s edition of The Advocate of Baton Rouge, Louisiana contains this front page article.

Posted at 9:08 PM by Howard Bashman



“Third Circuit Harsher on Minor Procedural Mistakes by Counsel?” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

You can freely access the full text of my column via Google.

Posted at 8:40 PM by Howard Bashman