How Appealing

Tuesday, December 19, 2006

"Maryland High Court Calls Halt to Executions; Lethal Injection Blocked Over Procedural Issue": This article will appear Wednesday in The Washington Post. My earlier coverage is at this link.
Posted at 10:10 PM by Howard Bashman


"Governor demands changes in lethal injection protocol; The mandate comes in response to a judge's ruling that the procedure violates the Constitution": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Jose Mercury News, Howard Mintz reports that "Execution reforms ordered; Governor focuses on flaws mentioned in judge's decision."

The Sacramento Bee reports that "State seeks new plan for lethal injections; Responding to judge, governor wants improved training for executions."

And The San Francisco Chronicle reports that "Governor acts to save method of execution." In addition, columnist Debra J. Saunders has an op-ed entitled "Death penalty received no death blow."
Posted at 10:08 PM by Howard Bashman



A fine ruling on panhandling from New York State's highest court: The Associated Press reports that "Top NY court upholds fines for some panhandling." You can access today's ruling of the Court of Appeals of New York at this link.
Posted at 06:00 PM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: In a federal criminal appeal in which the appendix was wholly insufficient, the court today ordered counsel for the defendant-appellant to show cause why a sanction of $1,000 should not be assessed.

And in a second criminal case decided today, Chief Judge Frank H. Easterbrook provides an interesting discussion of the risk of misidentification when the victim is asked to identify the perpetrator using a lineup. Today's decision describes an even better method than a lineup -- "the repeated sequential display."
Posted at 05:00 PM by Howard Bashman



This would appear to be a fact rather than a theory -- "Textbook stickers on evolution out in Cobb": The Atlanta Journal-Constitution provides a news update that begins, "The Cobb County School board has agreed to settle the long-running legal fight over its 2002 decision to place anti-evolution stickers in high school biology textbooks."

And The Associated Press reports that "Ga. School District Abandons Stickers."

The U.S. Court of Appeals for the Eleventh Circuit ordered further federal district court proceedings in this case in a ruling issued in May 2006. My coverage of that ruling can be accessed here.
Posted at 04:35 PM by Howard Bashman



A job applicant's failure to meet the job's objective qualifications does not disqualify her from bringing a gender discrimination claim if the male hired to perform the job also did not meet the job's objective qualifications: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision today. The ruling states, "We must decide whether an employer that hires someone who lacks a job posting's objective qualifications can point to the absence of those same qualifications in another applicant as a basis for declining to hire that second applicant. We hold that it cannot, and in so doing conclude that Scheidemantle established a prima facie case of discrimination."
Posted at 02:40 PM by Howard Bashman


"Brownback Wants to Re-Question Nominee": The Associated Press provides a report that begins, "Sen. Sam Brownback, who wants to champion social conservatives in the presidential race, said Tuesday he wants a Senate panel to re-question a judicial nominee who attended a same-sex union ceremony. Brownback, a Kansas Republican, said he wants Michigan state judge Janet Neff to testify about her role in the 2002 Massachusetts ceremony, her legal views on same-sex unions and her ability to be impartial if called upon to rule on such cases."

As I noted in this post from last night, in today's edition of The New York Times, Neil A. Lewis has an article headlined "Senator Removes His Block on Federal Court Nominee."
Posted at 02:28 PM by Howard Bashman



"The 4th Circuit": The Washington Times today contains an editorial that begins, "Change is coming to a pillar of American constitutionalist jurisprudence. The 4th Circuit Court of Appeals in Richmond, widely regarded as the most conservative federal appellate court in the country and the site of Judges Terrence W. Boyle's and William J. Haynes II's confirmation battles, could soon be one-third vacant."
Posted at 02:07 PM by Howard Bashman


"Court orders lethal injection review; Ruling could lead to changes in state's death penalty procedures": The Baltimore Sun provides a news update that begins, "Maryland's highest court today ruled that state law requires prison officials to submit their lethal injection procedures to public input -- a decision that could lead to changes in how prisoners are put to death here."

You can access today's lengthy ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link.

Coincidentally, today's print edition of The Baltimore Sun contains an article headlined "O'Malley awaits court action on lethal injection; Gov.-elect says he'll obey state law despite personal opposition to capital punishment."
Posted at 02:00 PM by Howard Bashman



"Judge: Sentence is too mild for mom who rented daughter to pedophile." The St. Louis Post-Dispatch today contains an article that begins, "A St. Louis woman who rented her 9-year-old daughter to a Granite City pedophile more than 200 times deserves more than 10 years in prison, a federal appeals court said Monday in overturning her sentence for a second time."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:55 PM by Howard Bashman



"Wily 'court jester' is a frequent case-winner; Attorney Sy Gaer's courtroom antics are legendary, but the aging veteran of the defense is also known for his legal skills": This interesting article appears today in The Miami Herald.
Posted at 08:42 AM by Howard Bashman


"Terror suspect Padilla to undergo mental testing; A federal judge ordered the Bureau of Prisons to do a psychiatric evaluation of terror defendant Jose Padilla to determine whether he can stand trial": The Miami Herald contains this article today.

And The South Florida Sun-Sentinel reports today that "Terror suspect Padilla to get psychiatric exam; Attorney says client suffers post-traumatic stress syndrome."
Posted at 08:40 AM by Howard Bashman



"Suit says Haidl lawyer is still awaiting payment; Aggressive attorney in O.C. sexual-assault case says his former friend has yet to pay him more than $1 million to defend his son": This article appears today in The Los Angeles Times.
Posted at 08:35 AM by Howard Bashman


"Kan. Inmate Charged With Mailing Bomb To Va. Court": The Washington Post today contains an article that begins, "A prisoner at the famed high-security Leavenworth prison was charged yesterday with fashioning a letter bomb and mailing it to the federal courthouse in Richmond, authorities said." According to the article, "It was sent to the offices of the U.S. Court of Appeals for the 4th Circuit and addressed to the clerk but was diverted to a basement mailroom and later detonated by police, authorities said. No one was injured."

And The Richmond Times-Dispatch reports today that "Prisoner indicted in bomb case."
Posted at 08:30 AM by Howard Bashman



Teacher exiled to Canada after committing sex offense in Buffalo, New York is deported back to the United States: Canadian Press reports that "U.S. sex offender ordered deported from Canada."

And The Toronto Sun reports that "Deport order heard."
Posted at 08:20 AM by Howard Bashman



"Georgia Man Fights Conviction as Molester": The New York Times today contains an article that begins, "Genarlow Wilson, 20, is serving a prison sentence that shocked his jury, elicited charges of racism from critics of the justice system and that even prosecutors and the State Legislature acknowledge is unjust. He was sentenced to 10 years in prison without parole for having consensual oral sex with a 15-year-old girl at a New Year’s Eve party, an offense that constituted aggravated child molesting, even though Mr. Wilson himself was only 17."

And The Atlanta Journal-Constitution today contains an editorial entitled "Order justice under righted sex law."

My earlier coverage appears at this link. This matter was also discussed yesterday at "The Volokh Conspiracy" and "Sentencing Law and Policy."
Posted at 08:07 AM by Howard Bashman



"Justice Department Heads Off Legal Battle With ACLU": Josh Gerstein has this article today in The New York Sun.

And today in The Washington Post, Robert Barnes reports that "For ACLU, A Victory In Standoff With U.S."
Posted at 07:58 AM by Howard Bashman



"A Federal Court of Appeals Revives a Class Action Seeking Compensation for Slavery in America": Anthony J. Sebok has this essay online at FindLaw.
Posted at 07:55 AM by Howard Bashman


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