How Appealing

Wednesday, September 19, 2012

"U.S. must show anti-prostitution pledge memo for HIV groups: court." Reuters has a report that begins, "U.S. officials must hand over a 2004 legal memorandum on the constitutionality of requiring non-governmental, U.S.-based HIV/AIDS groups to make a pledge opposing prostitution when they work abroad, a federal appeals court ruled on Wednesday."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"State Supreme Court: Fraternity Can Be Sued In Fatal Yale Crash." The Associated Press has this report.

Today's ruling of the Supreme Court of Connecticut consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 10:32 PM by Howard Bashman



"Documentary highlights Rubashkin's fraud conviction, Supreme Court appeal": The Des Moines Register has a blog post that begins, "A documentary short released today that examines the power U.S. federal prosecutors wield in the U.S. criminal justice system features former Agriprocessors executive Sholom Rubashkin. The 10-minute film, 'Unjustified,' includes interviews with a variety of legal experts, among them former Solicitor General Paul Clement, the lead lawyer on Rubashkin's appeal that asks the U.S. Supreme Court to shorten a 27-year sentence or order a new trial."

The video can be accessed at YouTube via this link.
Posted at 09:32 PM by Howard Bashman



"Ruth Bader Ginsburg: Gay Marriage Likely To Go Before Supreme Court Within The Next Year." The Associated Press has this report.
Posted at 09:12 PM by Howard Bashman


"Words from the 'Funniest Justice'": Today's edition of The Wall Street Journal contains an article that begins, "While waiting for the elevator in the lobby of the New York Athletic Club on Central Park South on Tuesday afternoon, U.S. Supreme Court Justice Antonin Scalia stood thumbing the leaves of a potted shrub, trying to judge whether it was real or plastic."

You can freely access the full text of the article via Google News.
Posted at 08:32 PM by Howard Bashman



"In GPS Surveillance Case, Dispute Over Evidence Flares Up": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "The Washington-area man at the center of the government surveillance dispute that reached the U.S. Supreme Court is fighting to convince a judge not to allow jurors to hear about the tens of thousands of dollars of cocaine federal agents seized in 2005."
Posted at 07:28 PM by Howard Bashman


"Scalia wages war of words with federal appeals judge in Chicago; Public spat between 2 legal 'titans' not surprising to some experts": Annie Sweeney has this article today in The Chicago Tribune.
Posted at 07:10 PM by Howard Bashman


"So long, Justice Dale Wainwright": At the "Tex Parte Blog" of Texas Lawyer, John Council has a post that begins, "Texas Supreme Court Justice Dale Wainwright announced today that he will resign from the court effective Sept. 30 to join Bracewell & Giuliani's Austin office. Wainwright was first elected to the court in 2002 and is currently its third most senior member."

And the Supreme Court of Texas today issued this news release.
Posted at 05:24 PM by Howard Bashman



The video of the oral argument that I presented on Tuesday of last week in the Supreme Court of Pennsylvania can now be accessed online from the web site of the Pennsylvania Cable Network: To view the video, click here and then scroll down to the heading "Philadelphia session: September 11-12, 2012." The case that I argued is the very first case shown on the video containing "Part Two" of the September 11 argument date.

Because I was representing the appellees, I was the third attorney to address the court in this oral argument. The first two attorneys to argue were Robert C. Heim and Sheila L. Birnbaum, who both argued on behalf of appellant Wyeth Pharmaceuticals, Inc.

My previous coverage of the oral argument can be accessed in posts that appear here, here, and here. The Brief for Appellees that I filed on my clients' behalf in the Pa. Supreme Court can be accessed here.
Posted at 05:12 PM by Howard Bashman



"Court upholds death sentence in bawdy chocolate gift case": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court on Wednesday upheld the death sentence against Cobb County killer Marcus Wellons, rejecting claims his case was unfairly prejudiced when his jurors gave erotic chocolate 'gag gifts' to the trial judge and bailiff."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 04:52 PM by Howard Bashman



"DNA sampling of arrestees draws skepticism in federal court hearing": Howard Mintz of The San Jose Mercury News has an update that begins, "A California law that allows law enforcement to collect DNA samples from anyone arrested for a felony appears to be on shaky legal ground. During an hour of arguments Wednesday, an 11-judge panel of the 9th U.S. Circuit Court of Appeals was largely skeptical of the state's argument that government's public safety interest in collecting DNA from arrestees outweighs constitutional protections against unreasonable searches."
Posted at 04:48 PM by Howard Bashman


Programming note: Due to meetings with appellate clients this morning and this afternoon, additional posts will not appear here until later today.
Posted at 09:36 AM by Howard Bashman


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