How Appealing

Wednesday, December 13, 2006

"Execution of Fla. Inmate Takes 34 Min." The AP provides this report.
Posted at 10:11 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Judge Upholds Detainee Rights Terror Law" and "Court: Jury Didn't Need Smoke Breaks."
Posted at 06:10 PM by Howard Bashman


"Ex-Enron CEO Skilling reports to prison": The Houston Chronicle provides this news update.
Posted at 06:05 PM by Howard Bashman


Eleventh Circuit refuses to reconsider en banc whether a federal district court imposing sentence for a crack cocaine offense in this post-Booker regime may express disagreement with Congress's 100-to-1 powder cocaine-to-crack cocaine ratio: Today's order denying rehearing en banc is accompanied both by a concurring opinion and a dissenting opinion.
Posted at 04:28 PM by Howard Bashman


"Court Nixes Neb. Corporate Farm Ban": The Associated Press provides this report.
Posted at 03:55 PM by Howard Bashman


U.S. District Court for the District of Columbia dismisses Salim Ahmed Hamdan's petition for writ of habeas corpus as blocked by the jurisdiction-stripping language of the Military Commissions Act: I have posted a copy of today's ruling online at this link.

The opinion, by U.S. District Judge James Robertson, concludes: "Congress's removal of jurisdiction from the federal courts was not a suspension of habeas corpus within the meaning of the Suspension Clause (or, to the extent that it was, it was plainly unconstitutional, in the absence of rebellion or invasion), but Hamdan's statutory access to the writ is blocked by the jurisdiction-stripping language of the Military Commissions Act, and he has no constitutional entitlement to habeas corpus. Hamdan's habeas petition must accordingly be dismissed for want of subject matter jurisdiction."

Update: The opinion is now available online from the district court's web site, at this link. And at "SCOTUSblog," Lyle Denniston has a post titled "Hamdan's case dismissed, but new Act partly invalid."
Posted at 03:33 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Scalia Argues for Better Judicial Pay"; "'Girls Gone Wild' Producer Sentenced"; and "Group Seeks Professionalism in Blogs."
Posted at 02:10 PM by Howard Bashman


"Accordingly, stripped of its facade of a finding of 'extraordinary circumstances' the majority's recall of the mandates in effect applies Booker retroactively to grant relief to defendants whose convictions were final years before Booker was decided." According to today's dissenting opinion of Circuit Judge Consuelo M. Callahan, the majority on a three-judge Ninth Circuit panel has today recalled its mandates "in cases that became final over fifteen years ago and six years ago" to enable resentencing under Booker. Today's ruling would appear to be a prime candidate for rehearing en banc or, if necessary, U.S. Supreme Court reversal.

Update: At "The Volokh Conspiracy," Orin Kerr comments on the ruling in a post that begins, "A lot of people have talked about the Supreme Court's small docket; Judge Harry Pregerson of the Ninth Circuit is actually doing something about it."
Posted at 01:45 PM by Howard Bashman



In In Re: African-American Slave Descendants Litigation, Seventh Circuit reinstates claim asserting that in violation of state fraud or consumer protection law members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:35 PM by Howard Bashman


Seventh Circuit rejects constitutional challenge to the federal the DNA Analysis Backlog Elimination Act of 2000: You can access today's ruling at this link.

Footnote three of the opinion states: "Hook provides an uncited, but novel assertion that the Founding Fathers would have considered 'blood extraction' to be 'cruel and unusual punishment' because, purportedly, '[v]ampires were feared and vilified' at the time of the Founding. Even accepting this proposition, blood extraction by a vampire is certainly distinguishable from a sanitary blood draw under current medical practice."
Posted at 01:32 PM by Howard Bashman



"Botswana Bushmen Win Court Case Over Land": The Associated Press provides this report on a decision of Botswana's High Court. You can view an image of the High Court building in Lobatse by clicking here (second item).
Posted at 12:00 PM by Howard Bashman


Federal Circuit issues an opinion that's decided in part by a three-judge panel, and in part by the en banc court: Section III B of an opinion the U.S. Court of Appeals for the Federal Circuit issued today was decided by that court sitting en banc, while the balance of today's opinion was issued by a three-judge panel. You don't see that every day.
Posted at 11:44 AM by Howard Bashman


Nebraska constitutional amendment prohibiting ownership of Nebraska farm or ranch land by any corporation, domestic or foreign, which is not a Nebraska family farm corporation violates dormant Commerce Clause, unanimous three-judge Eighth Circuit panel holds: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:35 AM by Howard Bashman


"Levin criticizes Brownback offer on judicial nomination": The Associated Press provides a report that begins, " Sen. Carl Levin said Tuesday it would be 'very inappropriate' for Kansas Sen. Sam Brownback to request that a federal judicial nominee agree to recuse herself from any case dealing with same-sex unions."

And The Detroit Free Press today contains an editorial entitled "Break the hold on judge's confirmation."
Posted at 10:45 AM by Howard Bashman



"Most say Boise lawyer who is up for seat on 9th Circuit has little chance of being approved by Democratic Congress": The Idaho Statesman today contains an article that begins, "If President George W. Bush renominates a controversial Republican Idaho lawyer for a seat on the 9th U.S. Circuit Court of Appeals, he's going to have a tough fight ahead of him, Senate leaders say. The nomination of Boise lawyer William Gerry Myers III, which has been stalled in the Senate for three years, may have almost reached an end."

That newspaper today also contains an editorial entitled "Myers still a poor choice for 9th Circuit Court."
Posted at 10:40 AM by Howard Bashman



Only three days remain to vote for "Best Law Blog" in The 2006 Weblog Awards: And that means that only two more annoying reminders to vote are yet to appear here this week at "How Appealing."

You can vote once every 24 hours per computer per web browser, meaning that if you have three PCs with two separate web browsers installed on each, you can cast a total of 18 votes before the polls close late Friday night.

"The Volokh Conspiracy" continues to maintain an insurmountable and well-deserved 700+ vote lead in first place, so please cast your vote in favor of "How Appealing" to help assure that this blog remains in second place. Simply click here to access the page where you can cast your vote.
Posted at 08:30 AM by Howard Bashman



"Passion fills O.C. court in trial over student rights; Closing arguments are made in a suit over an O.C. principal's actions against two girls who went steady; The one suing says she was outed": This article appears today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman


"Lawyer's letter: Toilet invention isn't new; Document found in killer's trunk." The Chicago Sun-Times today contains this article, along with an article headlined "Seeing worst, best of humanity; Solace amid tragedy after law firm slayings."
Posted at 08:20 AM by Howard Bashman


"Tribe Joins Private Firm as Consultant": The Harvard Crimson today contains an article that begins, "Laurence H. Tribe ’62, the prominent legal expert and Harvard Law School (HLS) professor who represented Al Gore in the 2000 post-election saga, will serve as a consultant on constitutional and Supreme Court matters for the law firm Akin Gump Strauss Hauer & Feld, the firm announced yesterday."

The law firm's press release can be accessed here.
Posted at 08:05 AM by Howard Bashman



"66% Think U.S. Spies on Its Citizens; 52% in Poll Back Hearings on Handling of Domestic Surveillance": The Washington Post contains this article today.
Posted at 08:00 AM by Howard Bashman


"Defense Employees Set For Another Suit to Halt Mandatory Anthrax Shots": This article appears today in The Washington Post.
Posted at 07:58 AM by Howard Bashman


"Israel Court Allows Some Suits by Palestinians": The New York Times today contains an article that begins, "The Israeli Supreme Court ruled Tuesday that Palestinians in the occupied areas who suffer harm by the army in noncombat operations may seek compensation from the government."

The Washington Post reports today that "Court Lets Palestinians Sue Israeli Military; Immunity Denied In Certain Cases."

The Jerusalem Post provides articles headlined "Law against Palestinian suits overturned" and "Meretz hails Palestinian suits decision."

And Haaretz provides articles headlined "Court: Palestinians can sue state for 'noncombat' damages"; "Right furious at 'Intifada Law' verdict's ramifications"; "Pines-Paz: Only seven justices or more should override legislation"; and "High Court's ruling: Human rights trump the Knesset's laws."
Posted at 07:50 AM by Howard Bashman



"Skilling's reprieve short-lived; Court rules the ex-Enron CEO must appeal 'frailties' in case from behind bars": This article appears today in The Houston Chronicle.

And The Washington Post reports today that "Appellate Ruling Pushes Skilling Closer to Prison."
Posted at 06:48 AM by Howard Bashman



"Chesterfield suspends art teacher": The Richmond Times-Dispatch today contains an article that begins, "Monacan High School art teacher Stephen Murmer was placed on paid administrative leave recently after school administrators learned of an online video in which he's demonstrating how he paints with his buttocks."

And The Associated Press reports that "Teacher in Crack Over Butt Art."
Posted at 06:45 AM by Howard Bashman



"Lobbying the Jury": The New York Times today contains an editorial that begins, "We are disappointed that the Supreme Court has upheld a defendant's conviction even though spectators at his trial put prejudicial material in sight of the jury."
Posted at 06:40 AM by Howard Bashman


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