How Appealing

Thursday, February 14, 2008

"Government appeals new detainee case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:07 PM by Howard Bashman


"Joseph Sneed dies - longtime 9th Circuit judge": Bob Egelko has this obituary today in The San Francisco Chronicle.
Posted at 10:05 PM by Howard Bashman


"Bill Curbing Terror Interrogators Is Sent to Bush, Who Has Vowed to Veto It": This article appears today in The New York Times. In addition, columnist Nicholas D. Kristof has an op-ed entitled "When We Torture."

The Washington Post reports today that "Senate Passes Ban On Waterboarding, Other Techniques."

And The Los Angeles Times reports that "Senate OKs limits on interrogation methods; The measure, which would ban the CIA's use of waterboarding, is expected to be vetoed by Bush." In addition, columnist Rosa Brooks has an op-ed entitled "Bush's last push for torture: In its lame-duck year, the administration has been conducting a PR campaign for waterboarding."
Posted at 08:30 PM by Howard Bashman



"Sex, Lies, Hostility in the Court: Rare Judicial Ethics Case Exposes Florida Appellate Judges' Dirty Laundry." ABCNews.com provides this report.

My most recent earlier coverage appeared at this link. And you can access via this link the documents filed in the ongoing proceeding before the Florida Judicial Qualifications Commission, including this interesting document that attorney Bruce S. Rogow filed yesterday.
Posted at 08:22 PM by Howard Bashman



"TV judge slammed by Florida Supreme Court": The Miami Herald provides a news update that begins, "A former Miami-Dade judge who now has his own syndicated television show was chastised by the Florida Supreme Court on Thursday. The court took aim at former Circuit Judge Alex Ferrer in a lengthy 73-page ruling that upheld the death sentences of Noel Doorbal, who was part of a gang that kidnapped, tortured and murdered Miami elites in the 1990s."

And The Associated Press reports that "Justices question TV judge's testimony to aid witness."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 08:14 PM by Howard Bashman



"Defendants' Lawyers Fear Loss of Potential Evidence at Guantanamo Bay": This article appears today in The Washington Post.

And Carol Rosenberg of The Miami Herald has a news update headlined "Navy judge lets driver's lawyers question 'KSM.'" In addition, in yesterday's newspaper she had an article headlined "First of 9/11 defendants given a military lawyer; One of the six alleged 9/11 instigators held at Guantanamo Bay, Cuba, got a seasoned military commissions attorney."
Posted at 08:03 PM by Howard Bashman



"Scalia's comments on torture latest taste of bluntness": Joan Biskupic has this article today in USA Today.
Posted at 07:35 PM by Howard Bashman


"'Guantanamo Six' on Trial": You can access the first hour of today's broadcast of the public radio program "On Point" using either RealPlayer or Windows Media Player.
Posted at 04:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Bush Criticizes Congress on Terror Bill"; "Justice: Waterboarding Is Not Legal Now"; "Judge Asks Details on Destroyed Evidence"; and "House Holds Bush Confidants in Contempt."
Posted at 03:05 PM by Howard Bashman


"Growing up Italian in Jersey: Alito reflects on ethnic heritage." The Trenton Times today contains an article that begins, "When Samuel Alito Sr. graduated from the former Trenton State Teacher's College he faced difficulty obtaining a job in the Trenton schools due to his low social status and background as an Italian immigrant. He probably never imagined his son would one day become the second Italian-American U.S. Supreme Court justice."

The Daily Targum of Rutgers University reports today that "Justice reigns 'supreme'; New Jersey native Samuel A. Alito Jr. speaks to crowd at U."

And The Associated Press reports that "Justice Alito Sounds Off on 'Sopranos.'"
Posted at 03:03 PM by Howard Bashman



"Texas fetal murder law upheld; Appeals court affirms Lufkin man's life sentence in death of girlfriend's 2 fetuses": Chuck Lindell has this article today in The Austin American-Statesman.

And The Associated Press reports that "Court upholds Texas fetal protection law."

Yesterday's ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consisted of a majority opinion and an opinion concurring in the judgment. In addition, two judges concurred in the result without joining either of those opinions or issuing any opinion of their own.
Posted at 02:54 PM by Howard Bashman



Some upcoming audio appearances: One week from today -- on February 21, 2008 starting at noon eastern time -- I will be a panelist on the West Legalworks online audio program "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." My co-panelists will be Kimberly A. Kralowec of "The UCL Practitioner" blog and J. Craig Williams of the "May it Please the Court" blog. Those who register for the program can obtain a fifteen percent discount on the price by using the discount code "WLW15." I don't know if substituting 100 for the 15 gets you in for free.

And a bit earlier this afternoon, I did an audio interview with reporter Wei Hu of the VOA Mandarin Service. She hosts the Voice of America program "Legal Issues," which is described as "a 20-minute feature program which introduces US law and legal cases to VOA's Chinese speaking listeners in Asia." Within a week's time, a report on my interview should be available via this link. And the VOA will also post online audio clips from my interview that have been voice-overed in Chinese. My interview focused on the federal obscenity prosecution of Pittsburgh-area resident Karen Fletcher. Background on that case can be accessed here, here, and here.
Posted at 02:38 PM by Howard Bashman



"New chapter opens in Fajitagate case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Lawyers for two men injured by off-duty San Francisco police in an argument over a bag of takeout fajitas asked a federal appeals court Wednesday to reinstate their lawsuit against the city, saying police officials deserved some responsibility for the beatings because they ignored one officer's history of brutality."

Today in The Oakland Tribune, Josh Richman reports that "SFPD 'fajitagate' case argued in federal court; 9th Circuit mulls city's liability over off-duty officers' actions."

And The Daily Californian reports that "Boalt Hosts Arguments In Fajitagate Appeal; Law Students Allowed To See Oral Arguments First-Hand, Participate In Q&A with Judges."

You can download the audio of yesterday's Ninth Circuit oral argument via this link (5.70MB Windows Media audio file).
Posted at 12:05 PM by Howard Bashman



By entering into a plea that required at least a 27-year prison sentence on one count of child exploitation, defendant waived any Eighth Amendment challenge to what that the federal district judge described as "the most unjust sentence that I have ever imposed": The U.S. Court of Appeals for the Eighth Circuit issued this ruling today.
Posted at 11:55 AM by Howard Bashman


"Houston sex-toy sellers hail federal court's ruling; 35-year-old Texas law that banned the items overturned by appeals court": This article appears today in The Houston Chronicle.

My earlier coverage of Tuesday's Fifth Circuit ruling appears at this link.
Posted at 06:45 AM by Howard Bashman



"Out of Commission: Why the government may lose the Guantanamo trials, even if it wins." Law Professors Jack Goldsmith and Eric Posner have this jurisprudence essay online at Slate.
Posted at 06:42 AM by Howard Bashman



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