How Appealing

Monday, June 12, 2006

In news updates from The Reno Gazette-Journal: Now available online are news updates headlined "Second victim in judge shooting; hunt continues" and "Family, Justice Court to stay closed Tuesday."
Posted at 07:32 PM by Howard Bashman


"Wild Weed on Courthouse Lawn Eliminated": The Associated Press provides a report that begins, "After reporters pointed out that wild marijuana, commonly called ditch weed, was growing on the lawn at the federal courthouse in Sioux Falls, the greenery was eliminated." Earlier coverage from KSFY-TV in Sioux Falls, South Dakota can be accessed here.
Posted at 07:30 PM by Howard Bashman


Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "Court sides with death row inmate, allowing DNA appeal; The justices say new DNA evidence - even if not proof of innocence - merits another appeal for man on death row" and "High court keeps door open to death-penalty lawsuits."
Posted at 07:25 PM by Howard Bashman


"Justices open door to new death penalty appeals": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:24 PM by Howard Bashman


In news from Reno, Nevada: The Reno Gazette-Journal provides news updates headlined "People being kept inside as police continue hunt" and "Sharpshooters at Silver Peak." My earlier coverage of today's sniper shooting of a state court judge in Reno appears at this link.
Posted at 05:58 PM by Howard Bashman


"Supreme Court Assists Death Row Challengers": David G. Savage of The Los Angeles Times provides this news update.

Savage also spoke about the rulings on today's broadcast of NPR's "Talk of the Nation" in a segment entitled "High Court Allows Lethal-Injection Challenges" (RealPlayer required).
Posted at 05:24 PM by Howard Bashman



"Lawsuit over Pa. officials' pay raise dismissed": The Pittsburgh Post-Gazette provides a news update that begins, "A federal judge today threw out a lawsuit over last year's judicial pay raises, saying the plaintiffs had no standing and that the case became moot when the General Assembly repealed the raises in November."

Today's ruling of the U.S. District Court for the Middle District of Pennsylvania can be accessed at this link.
Posted at 05:15 PM by Howard Bashman



"Proceed with Haynes' nomination": This editorial appeared last Friday in The Post and Courier of Charleston, South Carolina.
Posted at 05:05 PM by Howard Bashman


"Supreme Court Allows Challenges to Lethal Injections": law.com's Tony Mauro provides this news update.
Posted at 04:25 PM by Howard Bashman


"Waiving the Flag for Judges": Quin Hillyer has this post today at "AmSpecBlog."
Posted at 04:23 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Slate's Jurisprudence: Lethal-Injection Challenge" (featuring Dahlia Lithwick) and "Former Guantanamo Detainee Details Treatment." RealPlayer is required to launch these audio segments.
Posted at 03:24 PM by Howard Bashman


"Judge Shot at Courthouse in Nevada": The Associated Press provides this report from Reno. The shooting took place at the Washoe County courthouse. According to the article, "There is no immediate word on the identity or condition of the judge."

And The Reno Gazette-Journal provides a news update headlined "Judge shot at downtown Reno courthouse; SWAT team looking for sniper in area." According to the article, "The shooting was reported about 11:15 a.m. in the Reno Justice Court's family division area."

You can access the home page of the Reno Justice Court at this link.

Update: The AP now identifies the jurist who was shot as Judge Chuck Weller. The Gazette-Journal provides further updates headlined "Judge Chuck Weller named as victim in courthouse shooting; suspect still on loose"; "Weller in stable condition; police searching for suspect"; and "All Washoe County courthouses closed," along with this bio of the judge. According to a report posted online by ABC television affiliate KOLO-8, "Weller was shot four times in the chest, according to Chief Judge Charles McGee." A photograph of the window through which a sniper apparently shot the judge can be viewed at this link.

In November 2004, The Gazette-Journal reported on Judge Weller's election to the bench in an article headlined "After tough family court campaign, Weller takes Sferazza."
Posted at 03:05 PM by Howard Bashman



"Final Appeal Granted to Death Row Inmates": This audio segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:27 PM by Howard Bashman


"The General Release Marder signed in 1982 constituted a waiver of all claims against Paramount arising out of her contributions to the film Flashdance." So concludes an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:24 PM by Howard Bashman


The Associated Press is reporting: Gina Holland has an article headlined "Texas Loses Appeal in High-Profile Murder."

In other news, "Government Defends Domestic Spying in Court."

And an article reports that "Judge Tosses Lawsuit Over Pa. Lawmaker Pay."
Posted at 02:14 PM by Howard Bashman



"Supreme Court Lets Lethal Injection Challenge Proceed": Greg Stohr of Bloomberg News provides this report.
Posted at 12:30 PM by Howard Bashman


"Fight looms over meds for condemned man": This article appears today in The Dallas Morning News (via "StandDown Texas Project").
Posted at 12:02 PM by Howard Bashman


"Colo. Ballot Can't Have Immigrant Measure": The Associated Press provides a report that begins, "The Colorado Supreme Court ruled Monday that a proposal to deny most state services to illegal immigrants cannot appear on the November ballot."

You can access today's ruling of the Supreme Court of Colorado at this link.
Posted at 11:44 AM by Howard Bashman



Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court issued two opinions in argued cases today.

1. Today's first ruling issued in House v. Bell, No. 04-8990. Justice Anthony M. Kennedy issued the opinion of the Court, in which Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. The Chief Justice issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Antonin Scalia and Clarence Thomas joined. The case was argued before Justice Samuel A. Alito, Jr. joined the Court, so he did not participate in the ruling. You can access the oral argument transcript here. Additional information about the case is available via this link.

2. Today's second and final ruling issued in Hill v. McDonough, No. 05-8794. Justice Kennedy issued the opinion for a unanimous Court. You can access the oral argument transcript here. Additional information about the case is available via this link.

You can access today's Order List at this link. The Court granted review in two cases and called for the views of the Solicitor General in an additional case. Justice Thomas dissented from the denial of certiorari in three cases that called on the Court to consider whether Almendarez-Torres v. United States, 523 U. S. 224 (1998), was wrongly decided. Meanwhile, Justice Stevens, who agrees that Almendarez-Torres was wrongly decided, issued a statement respecting the denial of the petitions for writ of certiorari.

In early news coverage, Gina Holland of The Associated Press reports that "Justices Open Door to Lethal Shot Claims" and "Supreme Court Skirts Holocaust Dispute." In addition, The AP provides a report headlined "High Court: Tenn. Inmate May Use DNA Tests."

And at "SCOTUSblog," Lyle Denniston has posts titled "Decisions: Court allows innocence claim" and "Orders: Bankruptcy case granted." According to Denniston, the Court will next issue opinions in argued cases on Thursday of this week.
Posted at 10:00 AM by Howard Bashman



"The Injustice Collector: Is James Joyce’s grandson suppressing scholarship?" This article appears in the June 19, 2006 issue of The New Yorker. According to the article, "This week, to coincide with Bloomsday celebrations, [Law Professor Lawrence] Lessig plans to file a suit against Stephen Joyce in United States District Court. He believes that it is the first to accuse a literary estate of 'copyright misuse'; the charge is usually levelled against corporations in patent disputes."
Posted at 09:58 AM by Howard Bashman


"Blawg Review #61": Available online here, at "Blonde Justice."
Posted at 09:50 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Guantanamo Tribunals and the Constitution"; "Military, Critics Split over Guantanamo Suicides"; "Corporation Lawyers and Public Privacy" (RealPlayer required).
Posted at 09:45 AM by Howard Bashman


"A Fifth Milberg Weiss Judge Recuses Himself From Trying Case": Josh Gerstein has this article today in The New York Sun.
Posted at 09:44 AM by Howard Bashman


On this date in "How Appealing" history: Exactly three years ago today, The New York Times published an article by Neil A. Lewis headlined "Conservative Asserts Views Would Stay Off the Bench." The article begins, "William H. Pryor, Alabama's attorney general, who has gained prominence as an outspoken opponent of legalized abortion and as an advocate for a greater Christian influence in government, told skeptical Democrats on the Judiciary Committee today that his personal views would have no bearing on his performance if he is confirmed as a federal judge."

Also three years ago today, I had two posts (here and here) noting errors in the article.
Posted at 08:45 AM by Howard Bashman



"Is the 9th Circuit Bound by Its Earlier Pledge Ruling?" The new installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 07:30 AM by Howard Bashman


"Guantanamo suicides revive debate surrounding prison": This article appears today in USA Today.

The Chicago Tribune today contains an article headlined "Lawyer: 'It was a matter of time'; Accounts of hangings called into question."

In The Boston Globe, Charlie Savage reports that "Criticism of Guantanamo rises; Pentagon IDs 3 who killed selves."

The Miami Herald reports that "U.S. details alleged links of 3 Guantanamo suicides; On the same day a Muslim chaplain arrived to prepare the dead for burial, the Pentagon released allegations of al Qaeda and Taliban links against the three detainees who hanged themselves at Guantanamo Bay."

The Los Angeles Times reports that "Details on Detainee Suicides Emerging."

The Washington Post reports that "Three Detainees Who Committed Suicide Are Identified."

And The New York Times contains an article headlined "Prisoners' Ruse Is Inquiry Focus at Guantanamo" along with an editorial entitled "The Deaths at Gitmo."
Posted at 07:28 AM by Howard Bashman



"Body Suit: She Grew in Her Career as a Dancer, Maybe Too Much; Cue the Lawyers." The Washington Post contains this article today.
Posted at 07:22 AM by Howard Bashman


"St. Thomas law dean struggling with bar exam scores; St. Thomas University landed Bob Butterworth, one of the state's best-known lawyers, to lead its law school three years ago; Now he's struggling to raise the passing rate on the Bar exam": This article appears today in The Miami Herald.
Posted at 07:20 AM by Howard Bashman


"A diversity decision: Two cases before the U.S. Supreme Court this term will give an indication of how far schools can go to promote desegregation." The St. Petersburg Times contains this editorial today.
Posted at 07:18 AM by Howard Bashman


"States set stage for bans on abortion; 7 including Illinois have 'trigger laws' if court acts": This article appears today in The Chicago Tribune.
Posted at 07:15 AM by Howard Bashman


"Domestic Spying Program Comes Under Legal Scrutiny; A federal judge will hear the ACLU's arguments today against the National Security Agency's warrantless anti-terror surveillance": Henry Weinstein has this article today in The Los Angeles Times.

The Detroit News reports today that "Bush domestic spying program to be tested in fed court in Detroit; Lebanese immigrant in Ypsilanti is among those claiming surveillance violates civil rights."

And The Detroit Free Press reports today that "Battle over wiretaps to begin today; Suit asks Detroit judge to stop U.S."
Posted at 07:00 AM by Howard Bashman



"4 From Congress Defend Indicted Law Firm": This article appears today in The New York Times.
Posted at 06:50 AM by Howard Bashman


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