How Appealing

Thursday, June 15, 2006

"Supreme Court honors Rehnquist; Late chief justice remembered as brilliant and kindhearted": CNN.com provides this report.
Posted at 11:00 PM by Howard Bashman


Tony Mauro is reporting: Now available online from law.com are articles headlined "Is Bush Signaling an About-Face on Detainees? Some say the president may be backpedaling on the Guantanamo detainee issue in preparation for a high court defeat" and "High Court Eases 'Knock and Announce' Rule for Police; Ruling shows impact of Alito vote, may herald end of recent Court unanimity."
Posted at 10:54 PM by Howard Bashman


"Court Limits Protection Against Improper Entry": Linda Greenhouse will have this article Friday in The New York Times.

And in Friday's edition of The Washington Post, Charles Lane will report that "Court Eases 'No Knock' Search Ban; Illegally Collected Evidence Allowed."
Posted at 10:28 PM by Howard Bashman



"In August 1996, exactly seven years after the grand jury was first impaneled to consider evidence seized in the 1989 FBI raid of Rocky Flats, twenty of those jurors filed suit, asking that they at last be allowed to tell their story--if not to the world, then at least to a judge." So reported Denver's Westword newspaper, in this article published on October 15, 1998.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an opinion reviving the court action and directing the federal district court to consider the matter on its merits.

Additional background about the case can be found in a Westword article headlined "The Other Jury"; in a Denver Post article headlined "Rocky Flats Grand Jury Sues to Tell All"; in an Associated Press article headlined "Book accuses Justice Dept. of nuclear plant coverup; Health officials say claims under review"; and in a Wired News article headlined "Site Publishes, Pulls Disputed Jury Report."

Representing the grand jurors in the Tenth Circuit appeal decided today was Law Professor Jonathan Turley. He was assisted by the law firm that loves you, Bushell & Peck.
Posted at 09:15 PM by Howard Bashman



"Court Rules Warrant Is Enough": David G. Savage of The Los Angeles Times provides this news update.

Stephen Henderson of Knight Ridder Newspapers reports that "Supreme Court backs wide police search powers."

In Friday's edition of The Christian Science Monitor, Warren Richey will report that "Supreme Court gives police more power; The 5-to-4 ruling allows police to use evidence from a search where they didn't first announce their presence."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Alito, Roberts Sway Court on Police Searches" (RealPlayer required).
Posted at 09:00 PM by Howard Bashman



"Lawyers, Justices Honor Rehnquist in D.C." The Associated Press provides this report.
Posted at 05:22 PM by Howard Bashman


Fourth Circuit rejects attorney's constitutional challenge to the requirements for waiving into the State Bar of North Carolina: At issue was the constitutionality of North Carolina's requirement that the attorney have practiced law for four of the six years preceding his application for admission in a State that allows North Carolina-licensed attorneys to waive into its bar. According to today's opinion, Fourth Circuit nominee Terrence W. Boyle had declared that limitation an unconstitutional infringement on the right to travel. The Fourth Circuit today reversed in a decision that you can access here.
Posted at 05:00 PM by Howard Bashman


"Girls Can Marry at 15, Colo. Court Finds": The Associated Press provides this report on a ruling that the Colorado Court of Appeals issued today.
Posted at 04:40 PM by Howard Bashman


"High Court Eases No-Knock Rule": law.com's Tony Mauro provides this news update.
Posted at 03:55 PM by Howard Bashman


"Legislature To Hear Justices On Scandal; Committee To Focus On Sullivan, Zarella": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The legislature's judiciary committee will question at least three state Supreme Court justices June 27 about former Chief Justice William Sullivan's withholding release of a controversial ruling to benefit a colleague's chances of succeeding him."
Posted at 03:50 PM by Howard Bashman


U.S. Supreme Court's decision prohibiting the execution of killers who were not at least 18 years old at the time of their crime applies to the killer's actual age, and not the killer's "mental age": The Supreme Court of Kentucky issued this decision today. In early news coverage, The Associated Press reports that "Ky. Court Rules Inmate Can Be Executed."
Posted at 03:40 PM by Howard Bashman


Fighting Sioux to sue in fight against NCAA to continue using that nickname: The Associated Press reports that "N.D. to Sue NCAA Over Fighting Sioux Name."
Posted at 03:22 PM by Howard Bashman


"'Functionality' of Hooters Girls at Issue in IP Appeal": This article (free access) appeared in the December 29, 2005 issue of the Fulton County Daily Report. Today, the U.S. Court of Appeals for the Eleventh Circuit issued this decision in that case.

The trial court's ruling in the case can be accessed here. And my earlier coverage of this matter can be accessed here, here, here, here, and here.
Posted at 03:20 PM by Howard Bashman



"Search renews for G.P. lawyer; Divers scour Lake Huron for body of man who's been missing since boating trip with girlfriend last summer": The Detroit News contains this article today.
Posted at 03:10 PM by Howard Bashman


"Divided High Court Strengthens Police Searches": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:00 PM by Howard Bashman


Third Circuit rejects a federal criminal defendant's argument that the "entire Sentencing Guidelines system is unconstitutional because the Feeney Amendment allows the President to appoint to the Sentencing Commission only members of the Executive Branch": You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. According to today's opinion, the defendant's "argument that the Feeney Amendment unconstitutionally allows the President to control sentencing might have been persuasive while the Guidelines were still mandatory, [but] it is misplaced under the now-advisory system."
Posted at 02:54 PM by Howard Bashman


"Defense appeals delay former judge's trial": The Oklahoman today contains an article that begins, "Opening statements have been delayed in the trial of former Judge Donald Thompson while the court waits for decisions on two defense appeals." According to the article, "Both appeals involve the accusation Thompson, 59, misused his office computer. Prosecutors allege Thompson stored pornographic images of himself engaged in sexual acts. The defense wants the computer charge tried separately from four charges of indecent exposure. Those charges accuse Thompson of using a penis pump and shaving his scrotum during trials in 2002 and 2003. If convicted, he could spend 40 years in prison. "

The Sapulpa (Okla.) Daily Herald reports today that "Thompson trial remains on hold."

And The Tulsa World contains an article headlined "Charge: Indecent Exposure: Ex-judge's trial on hold until Monday; Appeals postpone the trial of former District Judge Donald Thompson."
Posted at 02:45 PM by Howard Bashman



"Police don't have to knock, justices say; Alito's vote breaks 4-4 tie in police search case": CNN.com provides this report.
Posted at 01:50 PM by Howard Bashman


At 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing for Tenth Circuit nominee Jerome A. Holmes: The nominee's resume can be accessed here, while the nominee's law firm bio is here. The agenda for today's confirmation hearing can be viewed at this link.

As I noted here, this Tenth Circuit nomination occurred just last month. In an interesting development, the nominee's ABA rating has improved as a result of a change in his nomination from a district court judgeship to an appellate court judgeship.
Posted at 11:45 AM by Howard Bashman



"Scalia Sparks Debate Over Role of Judges Both On Bench and Off": Greg Stohr of Bloomberg News provides this report.
Posted at 11:15 AM by Howard Bashman


"Stop the nomination games: It's time to pass Specter's reforms to the irresponsible handling of judicial nominations." Jeffrey Lord has this op-ed today in The Philadelphia Inquirer.
Posted at 10:55 AM by Howard Bashman


"California focus of search for suspect in judge's shooting": This article appears today in The Las Vegas Review-Journal.

The San Francisco Chronicle reports today that "Reno man called kin after judge was shot; He's wanted in wife's slaying, sought for questioning on jurist."

And The Reno Gazette-Journal contains articles headlined "Manhunt continues for shooter"; "Reid, jurists call for more security funds in wake of sniper shooting of Weller"; "Judge told officials Mack had harassed him in past"; "Internet sites paint rosy picture"; "Cousin says Mack called him after judge was shot"; "Employees struggle to return to normalcy"; "Family of 1960 shooting victim relives pain"; and "Friends loved Charla Mack."
Posted at 10:44 AM by Howard Bashman



In news from Chicago: The Associated Press reports that "Mom, Dad in Court Over Son's Circumcision."

The Chicago Tribune provides coverage today in an article headlined "Expert says circumcision is low risk."

And The Chicago Sun-Times today contains an article headlined "Mom: Dad showed son photos of circumcision."
Posted at 10:14 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court today issued four opinions in argued cases.

1. The Court announced a 5-4 ruling today in Hudson v. Michigan, No. 04-1360, a case that was argued before Justice Samuel A. Alito, Jr. reached the Court and then reargued thereafter. Justice Antonin Scalia delivered the opinion of the Court with respect to Parts I, II, and III of his opinion, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined, and an opinion with respect to Part IV, in which Justice Kennedy did not join. Justice Kennedy delivered an opinion concurring in part and concurring in the judgment. Justice Stephen G. Breyer delivered a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined. You can access the syllabus here; Justice Scalia's opinion here; Justice Kennedy's concurring opinion here; Justice Breyer's dissenting opinion here; and the oral argument transcripts here and here. Additional background on the case is available at this link.

2. The Court announced a nearly unanimous ruling in Kircher v. Putnam Funds Trust, No. 05-409. Justice Souter delivered the opinion of the Court, in which all other Justices joined in full, except for Justice Scalia, who joined the opinion only in part. You can access the syllabus here; Justice Souter's opinion here; Justice Scalia's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here. Additional background on the case is available at this link.

3. The Court announced a 5-4 ruling in Empire HealthChoice Assurance, Inc. v. McVeigh, No. 05-200. Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Scalia, and Thomas joined. Justice Breyer issued a dissenting opinion, in which Justices Kennedy, Souter, and Alito joined. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Breyer's dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

4. And the Court announced a 6-3 ruling in Howard Delivery Service, Inc. v. Zurich American Ins. Co., No. 05-128. Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Scalia, Thomas, and Breyer joined. Justice Kennedy issued a dissenting opinion, in which Justices Souter and Alito joined. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Kennedy's dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

In early news coverage, Gina Holland of The Associated Press reports that "High Court Backs Police No-Knock Searches."

At "SCOTUSblog," Lyle Denniston has a post titled "Decisions: No bar on evidence in police entry case."
Posted at 10:04 AM by Howard Bashman



Can you DIG it, baby? Online at SSRN, Law Professors Michael E. Solimine and Rafael Gely have an article titled "The Supreme Court and the DIG: An Empirical and Institutional Analysis" (abstract with links for download). The article appears in the Wisconsin Law Review.
Posted at 09:58 AM by Howard Bashman


"Defense Seeks to Move Gitmo Trials to U.S." The Associated Press provides this report.
Posted at 09:54 AM by Howard Bashman


"Bush offers no timeline for closing Gitmo prison; Justices must rule on how detainees will be tried, president says": This article appears today in USA Today.

The Washington Post reports today that "Military Officials Cancel Guantanamo Visits by Lawyers and Journalists."

The Los Angeles Times reports that "Journalists Forced Off Guantanamo; The four were covering the suicides at the island prison; The Pentagon, citing other requests for access, says it's only fair."

The Miami Herald reports that "Camp ejection spurs complaints; Three reporters who have been at Guantanamo since just after the suicides of three detainees were ordered by the Pentagon to leave, prompting complaints." The newspaper also contains an editorial entitled "U.S. rule of law: Provide real judicial review for Guantanamo captives."

And The New York Times contains an article headlined "Jihadist or Victim: Ex-Detainee Makes a Case."
Posted at 07:28 AM by Howard Bashman



"State high court to hear lesbian's case; Doctors denied her infertility treatment on religious grounds": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Court to Consider Oceanside Lesbian's Rights vs. Fertility Doctors' Religious Freedom."

And David Kravets of The Associated Press reports that "Justices delve into doctors' religious dilemma."
Posted at 07:20 AM by Howard Bashman



"Reporters and Sources: Congress considers a federal shield law." The Washington Post contains this editorial today.
Posted at 07:08 AM by Howard Bashman


"Judge Rules That U.S. Has Broad Powers to Detain Noncitizens Indefinitely": This article appears today in The New York Times.

You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 07:04 AM by Howard Bashman



"My bill would light the way: FISA court should decide whether president has power on surveillance." U.S. Senator Arlen Specter (R-PA) has this op-ed today in USA Today.

And The New York Times today contains an editorial entitled "A Leap of Faith, Off a Cliff" that begins, "On Monday, the Bush administration told a judge in Detroit that the president's warrantless domestic spying is legal and constitutional, but refused to say why. The judge should just take his word for it, the lawyer said, because merely talking about it would endanger America. Today, Senator Arlen Specter wants his Judiciary Committee to take an even more outlandish leap of faith for an administration that has shown it does not deserve it."
Posted at 06:54 AM by Howard Bashman



"Lawyer's Name Not Entitled to Trademark Protection": law.com's Shannon P. Duffy provides this report on a ruling that the U.S. District Court for the Eastern District of Pennsylvania issued last Friday.
Posted at 06:48 AM by Howard Bashman


"Judge Is Removed For Helping Felon Escape Police": This article appeared yesterday in The New York Sun.

And The New York Law Journal reports that "N.Y. Judge Who Helped Robbery Suspect Evade Arrest Is Removed; Dissent, amici object to harshest penalty for single act of misconduct."

You can access Tuesday's ruling of the New York State Court of Appeals at this link.
Posted at 06:45 AM by Howard Bashman



"Government Dines on Katrina Leftovers: Eminent domain becomes a potent threat." Emily Chamlee-Wright and Daniel Rothschild have this op-ed (free access) today in The Wall Street Journal.
Posted at 06:40 AM by Howard Bashman


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