How Appealing

Wednesday, June 27, 2007

"Government calls Al-Marri ruling a threat to security": Lyle Denniston has this post today at "SCOTUSblog" reporting on a rehearing petition that the federal government filed today in the U.S. Court of Appeals for the Fourth Circuit.
Posted at 11:35 PM by Howard Bashman


"Appeals Panel 'Reluctantly' Tosses Child Porn Case": law.com provides a report that begins, "Judges of the Georgia Court of Appeals last week said they must 'reluctantly' issue an opinion that may make it more difficult for the state to prosecute people who look at child pornography. A three-judge panel on June 21 reversed the conviction of a North Georgia man on 106 counts of sexual exploitation of children because, the judges found, prosecutors didn't prove that the man knew he had pornographic images stored in his computer hard drive."

Relatedly, the December 4, 2006 installment of my "On Appeal" column for law.com was headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?"
Posted at 11:27 PM by Howard Bashman



"Man in Ga. Teen Sex Case Is Denied Bond; Genarlow Wilson, convicted of having oral sex with a 15-year-old girl when he was 17, is trying to appeal a 10-year sentence": law.com provides this report.

And The Los Angeles Times provides a news update headlined "Man in teen-sex case must stay in prison for appeal."
Posted at 11:14 PM by Howard Bashman



"Even in Agreement, Scalia Puts Roberts to Lash": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 11:10 PM by Howard Bashman


"Got Bucs tickets? Get a free patdown; A federal appeals court disagrees with earlier decisions and clears the way for fan friskings at Raymond James." This article appears today in The St. Petersburg Times.

And The Tampa Tribune today contains an article headlined "Expect Bucs Game Pat-Downs."

My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"NY Court: DWI Laws Don't Cover 'Huffing.'" The Associated Press provides a report that begins, "A motorist accused of 'huffing' stimulants from an aerosol can before getting into a deadly wreck cannot be charged with driving while intoxicated, New York's highest court ruled Wednesday."

You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 08:12 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Prosecution Plays Bin Laden Tape at Padilla Trial"; "Fired U.S. Attorney Testifies on Death Penalty"; and "Senate Panel Scrutinizes Wiretapping Program."
Posted at 08:04 PM by Howard Bashman


"Court's Ruling Won't Limit Christian Hate Speech: The Christian Right is concerned that yesterday's Supreme Court decision on student speech will restrict high-schoolers' ability to spread anti-gay messages; But they've got nothing to worry about." Sarah Posner has this essay online at The American Prospect.
Posted at 04:11 PM by Howard Bashman


"Bong Hits and Ad Runs: Two Supreme Court cases show the perils of making excuses for censorship." Jacob Sullum has this essay online today at Reason.
Posted at 03:50 PM by Howard Bashman


Seventh Circuit reverses sentence of one day of imprisonment for possession of child pornography: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel. The "Sentencing Law and Policy" blog offers these thoughts on the ruling.
Posted at 02:30 PM by Howard Bashman


"Case Study: Roberts to Review Supreme Court Term." Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 02:20 PM by Howard Bashman


Don't put off till tomorrow what you can do today: Lyle Denniston has this post at "SCOTUSblog" today describing what will happen when the U.S. Supreme Court holds what is expected to be the Court's final session for this Term. It would appear that Lyle doesn't expect any retirements to be announced from the bench tomorrow.
Posted at 02:07 PM by Howard Bashman


"Judge: No bond for Genarlow Wilson; Hearing canceled; ruling could keep him in jail for months." The Atlanta Journal-Constitution provides a news update that begins, "A Douglas County judge ruled Wednesday Genarlow Wilson is not eligible for bond in his child molestation case, a development that could keep Wilson behind bars for at least several more months pending an appeal in his case. Superior Court Judge David Emerson issued an order canceling a July 5 bond hearing for Wilson. He cited a state law that prohibits appeal bonds for people convicted of Wilson's crime -- aggravated child molestation -- and who have been sentenced to five years or more in prison. Wilson is now serving a 10-year prison sentence."

And The Associated Press provides a report headlined "Judge: No Appeal Bail in Teen Sex Case."
Posted at 12:28 PM by Howard Bashman



"Did student-speech rights go up in smoke?" David L. Hudson Jr. has this commentary online today at the First Amendment Center.
Posted at 12:24 PM by Howard Bashman


"DeLay Wins Round in Texas Court": The Associated Press provides a report that begins, "The Texas Court of Criminal Appeals refused Wednesday to reinstate a dropped conspiracy charge against former House Majority Leader Tom DeLay."

And The Houston Chronicle provides a news update headlined "Court refuses to reinstate charges against DeLay."

Today's 5-4 ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion; two concurring opinions (here and here); and a dissenting opinion. You can access other documents filed in the case via this link.
Posted at 12:05 PM by Howard Bashman



There's more than one way to declaw a cat: The "Background" section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today begins, "Young is the inventor of the '579 patent, directed to a surgical method for removing a claw from a domesticated cat."

And while some judicial opinions may discuss the so-called "cat's paw" theory, this Federal Circuit opinion actually contains images of a cat's paw and associated claw. If you wish to learn about this particular method of declawing a cat, or simply to find out whether the term "near" is indefinite in the context of this patent, be sure to visit today's decision. I do not believe that the decision takes any position in the debate over whether cat declawing is cruel.
Posted at 11:58 AM by Howard Bashman



"Mosques Reflect on Padilla's Islamic Education": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:55 AM by Howard Bashman


"Jurors watch bin Laden interview; A 1997 CNN interview with Osama bin Laden took center stage at the Miami trial of Jose Padilla": This article appears today in The Miami Herald.

The Los Angeles Times reports today that "Padilla jury shown Bin Laden video; Wiretap recordings of his codefendants praising the terrorist leader are also played."

And The Washington Post reports that "Defense Objects as Padilla Jury Sees Video."
Posted at 08:52 AM by Howard Bashman



"Closing Guantanamo: It's inevitable; better that Mr. Bush do it, while fixing the flawed legal system behind it." The Washington Post contains this editorial today.
Posted at 08:47 AM by Howard Bashman


"Ruling Could Spur More Ads; Decision on Campaign Finance May Mean Influx of 'Soft Money'": This article appears today in The Washington Post.
Posted at 08:45 AM by Howard Bashman


"Justice Stevens Calls On History He Lived; 'Bong Hits' Dissent Points to Prohibition": Charles Lane has this article today in The Washington Post. In addition, the newspaper contains an editorial entitled "A Less-Than-Banner Ruling: Of bong hits and First Amendment freedoms."
Posted at 08:40 AM by Howard Bashman


"Time's Pearlstine Looks Back at Plamegate, Blames Floyd Abrams": Bloomberg News columnist Margaret Carlson has this essay today.
Posted at 08:35 AM by Howard Bashman


"Lawyers Make Final Plea To Save Libby From Jail": Josh Gerstein has this article today in The New York Sun.

And Bloomberg News reports that "Walton, Judge in Libby Case, Draws Fire Over Prison Sentence."
Posted at 07:52 AM by Howard Bashman



"'Bong' decision a wise one: The school principal and the high court did the right thing; Every day, children die from illegal drugs - an issue far beyond free speech." Claude Lewis has this op-ed today in The Philadelphia Inquirer.
Posted at 07:50 AM by Howard Bashman


"Appoint Judges: Merit, not money." This editorial appeared yesterday in The Philadelphia Inquirer.
Posted at 07:48 AM by Howard Bashman


In commentary online at FindLaw: Julie Hilden has an essay entitled "A Federal Appeals Court Strikes Down the FCC's 'Fleeting Expletives' Policy on Administrative Law Grounds: Was It Right to Do So?"

And Carl Tobias has an essay entitled "Defusing The Constitutional Confrontation over Congressional Subpoenas Relating to the U.S. Attorney Firings Scandal."
Posted at 07:42 AM by Howard Bashman



"Bong hits 4 political boys but not lowly school boys": Today in The Houston Chronicle, columnist Cragg Hines has this op-ed.
Posted at 07:35 AM by Howard Bashman


"Legislators consider fixes to Supreme Court rulings": This article appears today in The Hill.
Posted at 07:33 AM by Howard Bashman


"How Big a Setback for McCain-Feingold?" Reynolds Holding has this article online at Time magazine's web site. He also has an article headlined "Ruling 'Bong Hits' Out of Bounds."
Posted at 07:32 AM by Howard Bashman


"Supreme Court's rulings confirm winning majority for conservatives": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:25 AM by Howard Bashman


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