How Appealing

Tuesday, March 6, 2007

"Pacific Heights dog maul case before state Supreme Court": The San Francisco Chronicle provides this news update.

law.com reports that "Dog Maul Defense Faces a Chilly Court; The court could reinstate a second-degree murder conviction without setting a new implied malice standard."

And The Associated Press reports that "Calif. Court Hears Dog-Mauling Appeal."
Posted at 11:25 PM by Howard Bashman



Tenth Circuit reinstates in part a challenge to Oklahoma's "Choose Life" license plate program: Circuit Judge Neil M. Gorsuch wrote the lengthy opinion of the court, holding that most of plaintiffs' claims were barred by the Tax Injunction Act.
Posted at 10:35 PM by Howard Bashman


"Court vacates 9th Circuit ruling against anti-gay T-shirt": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 08:42 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Recently Fired U.S. Attorneys Testify at Capitol"; "Lewis 'Scooter' Libby Found Guilty of Lying"; "Key Players React to Libby Verdict"; "Bush Administration Ducks Libby Embarrassment"; and "Did Scooter Take a Fall for the Vice President?"

RealPlayer is required to launch these audio segments.
Posted at 08:17 PM by Howard Bashman



"A Few Angry Lawyers: On Capitol Hill, the fired U.S. attorneys dish, and dish some more." Emily Bazelon has this essay online at Slate.
Posted at 08:12 PM by Howard Bashman


Interesting posts today at the "Balkinization" blog: Lee Epstein has a post titled "Supreme Predictions" that begins, "Jan Crawford Greenburg's Supreme Conflict ends with a bang."

And Brian Tamanaha has a post titled "Critical Reflections on the 'Judicial Politics' Field of Political Science" that begins, "No contemporary legal theorist can afford to ignore the work of political scientists in the 'judicial politics' field. Reams of informative studies are being produced by political scientists on an array of subjects relating to judging and the judiciary."
Posted at 06:05 PM by Howard Bashman



"In CIA leak trial, Libby found guilty; Jurors Tuesday convicted Cheney's onetime chief of staff, I. Lewis 'Scooter' Libby, on four counts of perjury and obstruction of justice": Linda Feldmann will have this article Wednesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman


"We consider here the claim that religious objections to military activities or spending may form the basis for avoiding the payment of federal taxes. The claim is not new, although it is presented in somewhat unusual garb." So begins a decision that the U.S. Court of Appeals for the Second Circuit issued today. Unsurprisingly, today's result is not new either -- the tax objector loses.
Posted at 05:12 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Congress Mulls Firing of Federal Prosecutors" (featuring Dahlia Lithwick); "Jury Hands In Guilty Verdict on Libby"; "Libby Verdict: View from the Courtroom"; "Juror Discusses Libby Verdict"; and "Bush 'Saddened' by Libby Verdict."

RealPlayer is required to launch these audio segments.
Posted at 05:05 PM by Howard Bashman



"Libby's Verdict": This audio segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here and Now."
Posted at 04:55 PM by Howard Bashman


"Fired U.S. Attorney Accuses Republicans of Exerting Political Pressure": Jason McLure and T.R. Goldman of Legal Times provide this news update (free access).

The Washington Post provides a news update headlined "Fired U.S. Attorney Testifies on New Mexico Lawmakers."

And McClatchy Newspapers report that "Fired U.S. attorney speaks before Senate Judiciary Committee."
Posted at 04:54 PM by Howard Bashman



"Libby Verdict Deals Blow to Bush Administration": The Washington Post provides this news analysis.

And The New York Times provides a news analysis headlined "For Jury, a Difficult Task."
Posted at 04:10 PM by Howard Bashman



"Van Gogh painting appeal to be heard; Hamilton lawyer wants Elizabeth Taylor to return painting originally owned by his great-grandmother": Back on February 10, 2007, The Toronto Globe and Mail published an article that begins, "A long-awaited appeal by a Canadian lawyer and his family over the ownership of a Vincent van Gogh canvas currently held by actress Elizabeth Taylor is scheduled to be heard Monday morning in a U.S. Court of Appeal in Los Angeles."

This past Saturday's broadcast of C-SPAN's "America and the Courts" showed the video of that Ninth Circuit oral argument. You can view the broadcast online, on-demand, by clicking here (RealPlayer required).
Posted at 04:05 PM by Howard Bashman



"Senate Hearing on Hiring & Firing of U.S. Attorneys": C-SPAN has posted online at this link (RealPlayer required) the video of today's Senate Judiciary Committee hearing.
Posted at 04:00 PM by Howard Bashman


Reply in support of petition for writ of certiorari filed in U.S. Supreme Court today in Fausey v. Hiller grandparent visitation case: You can access at this link the Reply Brief for the Petitioner filed today.

Thanks again to the faculty and students participating in the University of Virginia School of Law's Supreme Court Litigation Clinic for their invaluable assistance.

The petition for writ of certiorari can be accessed via this earlier post, while the brief in opposition and an amicus brief in support of the petition can be accessed via this link.
Posted at 02:45 PM by Howard Bashman



Ninth Circuit Judge Carlos T. Bea has a good sense of humor: As a conservative judge serving on what may be the nation's most liberal federal appellate court, sometimes the choice may appear limited between whether to laugh or cry. Judge Bea today opted for the former, writing in an opinion dissenting from the denial of rehearing en banc in an ineffective assistance of counsel case, "[I]n what may be a new high in self-effacing candor, the panel holds that it is ineffective assistance of counsel to rely on Ninth Circuit precedent with respect of federal constitutional law applicable in states located in this Circuit."
Posted at 02:30 PM by Howard Bashman


"Libby Found Guilty": This report appears at Time magazine's web site.

CNN.com reports that "Libby guilty on 4 of 5 counts."

Reuters reports that "Former Cheney aide found guilty in CIA leak case."

And Bloomberg News reports that "Libby, Ex-Cheney Aide, Convicted in CIA Leak Case."
Posted at 02:15 PM by Howard Bashman



"Having granted the courts the authority to review state convictions under our habeas powers, it seems to me inconsistent with our fundamental obligations as judges to require us, except in unusual or exceptional circumstances, to rule for the state regardless of whether it violated the Constitution." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued its ruling in Irons v. Carey. The opinion of the court reveals that this three-judge panel has decided to forgo the opportunity to hold that Antiterrorism and Effective Death Penalty Act of 1996, limiting review of a state court conviction on federal habeas corpus, is unconstitutional.

Yet in separate concurring opinions, Senior Circuit Judge John T. Noonan and Circuit Judge Stephen Reinhardt express serious doubt about the constitutionality of AEDPA. The quote at the lead of this post comes from Judge Reinhardt's concurring opinion. Judge Noonan's concurring opinion is also a must read.

My initial coverage of this case, from May 2005, can be accessed here.
Posted at 01:24 PM by Howard Bashman



"Libby Found Guilty in CIA Leak Case": The Washington Post provides this news update.

The New York Times provides a news update headlined "Libby Guilty of Lying in C.I.A. Leak Case."

And The Los Angeles Times provides a news update headlined "Guilty verdict reached in Libby case."
Posted at 01:15 PM by Howard Bashman



BREAKING NEWS -- Scooter Libby found guilty on four of five charges: The Associated Press provides this report.
Posted at 12:09 PM by Howard Bashman


"In this case, Taylor conspired to violently rob the stash house of a narcotics organization. The fact that the intended victims and narcotics were fictional is irrelevant. Accordingly, we hold the interstate nexus was sufficient to sustain Taylor's Hobbs Act conspiracy conviction." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 12:02 PM by Howard Bashman


"Jurors Reach Verdict in Libby Case": The Associated Press reports here that "The verdict will be read at 12 noon EST in the courtroom where jurors heard 19 witnesses during the five-week trial."
Posted at 11:43 AM by Howard Bashman


"Details of probe into death of city cop go to prosecutor": The New Haven Register today contains an article that begins, "The police investigation into a motor vehicle accident that killed a city police officer at a construction site last year has been completed and forwarded to the head prosecutor. Where the case goes from here is up to State’s Attorney Michael Dearington, who will determine whether any criminal charges are appropriate in a case that has generated more than a few conspiracy theories. Senior U.S. District Judge John M. Walker Jr., a cousin of former President Bush, was the driver whose car fatally struck Officer Dan Picagli in October 2006."
Posted at 11:10 AM by Howard Bashman


"CIA Leak Jury's Notes Suggest Confusion": The Associated Press provides this report.
Posted at 11:07 AM by Howard Bashman


"U.S. Attorneys in the Line of Fire": This report appears at Time magazine's web site.
Posted at 10:35 AM by Howard Bashman


"Overruling Roe v. Wade: A Post in Three Parts. Part III: The End?" Jessie Hill has this post today at "PrawfsBlawg."
Posted at 10:07 AM by Howard Bashman


"Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys?--Part II." That's the title of a hearing just underway before the Senate Judiciary Committee.

You can view the hearing live, online using the committee's own internet feed (RealPlayer required). C-SPAN3 is also televising the hearing online, and you can access its feed in both RealPlayer and Windows Media Player formats.
Posted at 10:03 AM by Howard Bashman



"High court clears religious schools to use bond funds; 4-3 ruling overturns lower courts' ban on construction loans": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The Los Angeles Times, Maura Dolan reports that "Religious schools may use tax-free bonds; State Supreme Court ruling is opposed by civil libertarians."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:45 AM by Howard Bashman



"Appeals court rejects religious club's suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The city of Oakland did not violate two employees' freedom of speech when it removed a flyer they posted promoting the 'natural family'' after other workers had founded a Gay and Lesbian Employees Association, a federal appeals court ruled Monday."

And The Oakland Tribune reports today that "Court against flier promoting 'family values'; 9th Circuit sides with Oakland after workers sued over removal of bulletin called discriminatory toward gays."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:42 AM by Howard Bashman



"High court backs school dress code in T-shirt case": The San Diego Union-Tribune contains this article today.

The North County Times reports today that "Supreme Court orders dismissal of appeal in Poway T-shirt case."

And The Associated Press reports that "Court refuses to suspend dress code in case of anti-gay T-shirt."

My most recent earlier coverage appears at this link.
Posted at 08:35 AM by Howard Bashman



"Gonzales Defends Move to Fire Attorneys, Denies Political Role": This article (free access) appears today in The Wall Street Journal.

The New York Times today contains articles headlined "Former Prosecutor Says Departure Was Pressured" and "Messenger in Prosecutors' Firings Quits."

The Washington Post reports that "Second Lawmaker Contacted Prosecutor; Wilson Complained About Pace of Probes." The newspaper also contains an editorial entitled "Lawmakers on the Line: Mr. Domenici and Ms. Wilson called a U.S. attorney, and Congress needs to investigate."

The Los Angeles Times reports that "Panel to summon two more ousted U.S. attorneys." In addition, the newspaper contains an editorial entitled "Worth a second look: Congress and the Justice Department are right to examine whether firings of U.S. attorneys pass the smell test."

And USA Today reports that "House widens prosecutor firings probe; Committee to seek testimony of 2 more former U.S. attorneys."
Posted at 08:24 AM by Howard Bashman



"L.A. man faces trial for desertion; An Army specialist who refused to serve in Iraq could get seven years in prison if convicted; The case is being watched by U.S. antiwar groups": The Los Angeles Times contains this article today.
Posted at 08:18 AM by Howard Bashman


"New scrutiny of 'don't ask, don't tell'; A move to lift the ban on gays in the military is gaining support; But change is unlikely anytime soon": This article appears today in The Christian Science Monitor.
Posted at 08:14 AM by Howard Bashman


"Guantanamo Intimidation: Lawyers for terrorism suspects are still being bullied." The Washington Post contains this editorial today.
Posted at 08:00 AM by Howard Bashman


"Libby Jurors Consider Cooper Conversation": This article appears today in The Washington Post.
Posted at 07:55 AM by Howard Bashman


"The Line Between Torture and Cruelty": The New York Times today contains an article that begins, "The United Nations and the United States government make a distinction between torture on the one hand and 'cruel, degrading and inhumane treatment' on the other. But a study published yesterday uses data obtained from survivors to suggest that the distinction does not exist in practice, and may inadvertently provide justification for torture."
Posted at 07:54 AM by Howard Bashman


"For Sex Offenders, a Dispute Over Therapy's Benefits": This article, the last of a three-part series, appears today in The New York Times.
Posted at 07:45 AM by Howard Bashman


"Overdue Process: Incoherent White House policies have transformed Jose Padilla from a would-be terrorist to a victim." Benjamin Wittes has this essay today at The New Republic Online.
Posted at 07:44 AM by Howard Bashman


"Supreme Court Justices' Increased Propensity to Speak Publicly: It May Be Positive At Times, But When the Justices Speak Out On Bush v. Gore, They Only Do Further Damage." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman


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