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Archived: 08/20/2009 at 02:43:54

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Wednesday, August 19, 2009

"Lawyers in Ricci case square off again": This article appears today in The New Haven Register.
Posted at 04:22 PM by Howard Bashman




"Under questioning, Keller denies violating court rules in death row case; In not allowing a late appeal, judge says it was 'a close call' but the right decision": Chuck Lindell has this article today in The Austin American-Statesman.

And today's edition of The San Antonio Express-News contains an article headlined "Judge Keller tells her side of the story."
Posted at 10:25 AM by Howard Bashman




"A Conservative's Road to Same-Sex Marriage Advocacy": Today's edition of The New York Times contains an article that begins, "Theodore B. Olson's office is a testament to his iconic status in the conservative legal movement."
Posted at 09:35 AM by Howard Bashman




Tuesday, August 18, 2009

"After Settlement in Amtrak Case, Opinions Erased From Lexis and Westlaw": Shannon P. Duffy will have this article Wednesday in The Legal Intelligencer.
Posted at 11:30 PM by Howard Bashman




"Law Requiring Ultrasounds for Abortions Is Struck Down; Oklahoma Judge Says Measure Violates State Constitution": This article will appear Wednesday in The Washington Post.

And The Tulsa World has a news update headlined "Abortion ultrasound law tossed."
Posted at 11:27 PM by Howard Bashman




"Keller still on stand after Day 2 of hearing": The San Antonio Express-News has this update.

And The Associated Press has a report headlined "Judge: Closing court before appeal wasn't a ruling."
Posted at 11:24 PM by Howard Bashman




"Sotomayor's first Supreme Court vote doesn't halt execution; Newly seated justice joins three liberals in unsuccessful attempt to stop death of convicted hit man Jason Getsy, who was put to death Tuesday": David G. Savage will have this article Wednesday in The Los Angeles Times.

In Wednesday's edition of The New York Times, Adam Liptak will have an article headlined "Sotomayor Casts First Vote on Court."

And in other news, E! Online reports that "J.Lo Throws Dinner Party for Sonia Sotomayor."
Posted at 11:22 PM by Howard Bashman




"Debating campaign speech: In a key case, the Supreme Court could repair campaign-finance law without relaxing needed regulation." This editorial appears today in The Los Angeles Times.
Posted at 11:14 PM by Howard Bashman




"Microsoft asks court to hold off on Word ban": The Associated Press has a report that begins, "Microsoft Corp. is asking the U.S. Court of Appeals for the Federal Circuit to allow it to keep selling Word software as it fights an unfavorable patent ruling."
Posted at 11:04 PM by Howard Bashman




"As between the prosecutor and the trial judge, who determines which conviction to vacate when a defendant has been convicted of multiplicitous offenses in violation of the Double Jeopardy Clause?" A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "the trial judge" in a decision issued today.
Posted at 04:02 PM by Howard Bashman




"Lawyer: FBI Trained Hal Turner As An 'Agent Provocateur.'" The Hartford Courant has this news update.

And The Associated Press has a report headlined "Attorney: FBI trained NJ blogger to incite others."
Posted at 03:45 PM by Howard Bashman




"Deposition could help Keller": The San Antonio Express-News has an update that begins, "When lawyers for death row inmate Michael Richard attempted to file a last-minute appeal with Texas' highest criminal court on the night of his execution, they were stymied by Judge Sharon Keller, prosecutors said Monday as Keller's judicial misconduct hearing began."

And The Associated Press reports that "Lawyers spar in trial of judge over death-row case."
Posted at 03:44 PM by Howard Bashman




"The Ninth Circuit's Erroneous Analysis of Computer Searches in United States v. Payton": Law professor Orin Kerr has this post today at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last month.
Posted at 03:27 PM by Howard Bashman




"Appeals court overturns ex-Brocade CEO Gregory Reyes' conviction": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today reversed the stock-option backdating convictions of former Brocade Communications Chief Executive Gregory Reyes, concluding that his 2007 trial was tainted by prosecutorial misconduct."

The Associated Press reports that "Appeals court orders new trial in Brocade case."

And Bloomberg News reports that "Ex-Brocade Chief Gregory Reyes Wins Bid for New Trial."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:20 PM by Howard Bashman




"'Wise Latina' wins pop culture support": The Associated Press has this report.
Posted at 03:14 PM by Howard Bashman




"Fellow judge says Keller violated procedure in death row case; Former court counsel Ed Marty's statement could raise doubts": Chuck Lindell has this article today in The Austin American-Statesman.

And The Associated Press reports that "Judge plans to testify at death-row appeal trial."
Posted at 12:10 PM by Howard Bashman




"Appeals court takes up NFL suspensions case": The Associated Press has a report that begins, "The NFL will ask a federal appeals court Tuesday to uphold the suspensions of Minnesota Vikings defensive linemen Kevin Williams and Pat Williams for violating the league's anti-doping policy."

Previously, The Minneapolis Star Tribune reported that "Williamses case waits for federal panel's ruling; The Vikings' All-Pro defensive tackles are eligible to play while determining if district or state court will hear the case."
Posted at 11:44 AM by Howard Bashman




"Ohio executes triggerman in murder-for-hire scheme": The Associated Press has this report, along with Jesse J. Holland's related article headlined "Sotomayor on losing end in Ohio man's death appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sotomayor's first vote on death penalty."

You can access yesterday's order of the U.S. Supreme Court at this link.
Posted at 11:35 AM by Howard Bashman




Monday, August 17, 2009

"Supreme Court Orders New Look at Death Row Case": Adam Liptak will have this article Tuesday in The New York Times.

Tuesday's edition of The Los Angeles Times will contain an article headlined "Supreme Court orders new hearing for Georgia death row inmate; The surprising move may indicate that the federal justice system is moving away from its conservative position on death penalty appeals."

And law.com reports that "Split Supreme Court Orders Review of Death Row Inmate's Claims That Witnesses Recanted Testimony."
Posted at 11:25 PM by Howard Bashman




"Texas Judge Goes to Trial Over Execution": This article will appear Tuesday in The New York Times.
Posted at 11:22 PM by Howard Bashman




"Judge's hearing begins amid protests": The San Antonio Express-News has an update that begins, "As attorneys for both sides delivered lengthy opening statements Monday morning in the public inquiry of embattled Texas Court of Appeals Judge Sharon Keller, they agreed on at least one thing."

And The Associated Press reports that "Judge on trial says another aware of late appeal."
Posted at 04:22 PM by Howard Bashman




"Court orders new look at Taster's Choice lawsuit": The Associated Press has a report that begins, "The California Supreme Court wants a trial court to come back to a long-running dispute over the use of a former model's image on Taster's Choice coffee labels."

My earlier coverage of today's Supreme Court of California ruling appears at this link.
Posted at 04:20 PM by Howard Bashman




"Anti-Empathy, Anti-Judge Goes on Trial": CBS News legal analyst Andrew Cohen has this installment of his "CourtWatch" column today.
Posted at 02:54 PM by Howard Bashman




"Gay marriage supporters tangle over legal strategy": In today's edition of The San Jose Mercury News, Howard Mintz has an article that begins, "As a federal judge this week tries to herd the legal challenge over Proposition 8 toward a trial, one of his tasks will be to sort through the simmering tensions over legal strategy within the pro-gay marriage movement."

And The Associated Press reports that "Obama disses marriage law as Justice defends it."
Posted at 02:24 PM by Howard Bashman




"Prosecutors file arguments for Bonds evidence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Federal prosecutors in the perjury case against former Giants star Barry Bonds have made their final written plea to a federal appeals court to allow potentially crucial evidence tying Bonds to drug tests that allegedly showed he used steroids."
Posted at 02:14 PM by Howard Bashman




"Sixteen years later, Christoff saw his face on a jar of Taster's Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years." The Supreme Court of California today issued its ruling in the case captioned Christoff v. Nestle USA, Inc.

According to today's ruling, "The trial court applied a two-year statute of limitations and instructed the jury to determine under the discovery rule whether Christoff knew or should have known earlier that Nestle had used his image. The jury found that Christoff did not know, and should not reasonably have suspected prior to seeing the jar, that his image was being used without his consent and awarded him more than $15 million in damages."
Posted at 02:10 PM by Howard Bashman




"Court says Troy Davis can present evidence; Condemned killer on death row for murder of off-duty police officer": Bill Rankin of The Atlanta Journal-Constitution has this news update.
Posted at 11:54 AM by Howard Bashman




"Supreme Court to Hear Case on Executive Pay": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:57 AM by Howard Bashman




"Hearing on innocence claim ordered": This morning at "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, splitting 6-2, on Monday ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis."

And The Associated Press reports that "Supreme Court says Georgia man should get hearing."

You can access the U.S. Supreme Court's order, and a concurring opinion by Justice John Paul Stevens, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined, by clicking here. You can access the dissenting opinion of Justice Antonin Scalia, in which Justice Clarence Thomas joined, by clicking here.
Posted at 10:50 AM by Howard Bashman




Justice Sonia Sotomayor assigned to be the Circuit Justice for the U.S. Court of Appeals for the Tenth Circuit: The U.S. Supreme Court's allotment order appears at page four of today's Order List.
Posted at 10:45 AM by Howard Bashman




"Death penalty debate peripheral to Keller trial; Proceedings begin Monday in San Antonio courtroom on complaint criminal appeals judge blocked stay of execution request": Chuck Lindell has this article today in The Austin American-Statesman. The newspaper also contains an editorial entitled "Keller drags Texas through the mud."
Posted at 10:40 AM by Howard Bashman




Sunday, August 16, 2009

"Man Challenges Ban On Fortunetelling; Self-Described Gypsy Who Wants To Open Shop Says Law Is Biased": This article will appear Monday in The Washington Post.
Posted at 11:07 PM by Howard Bashman




"Prop. 8 case lands in veteran jurist's court": Bob Egelko has this article today in The San Francisco Chronicle, along with an article headlined "Federal judge reviews arguments in Prop. 8 case."
Posted at 10:37 PM by Howard Bashman




"At O'Connor's core is an Arizona cowgirl": The Arizona Republic contains this article today.
Posted at 10:28 PM by Howard Bashman




"New Georgia Supreme Court justice earns praise": This article appeared yesterday in The Atlanta Journal-Constitution.
Posted at 10:27 PM by Howard Bashman




"Fate of high-level Texas judge rests in San Antonio courtroom": Monday's edition of The San Antonio Express-News will contain an article that begins, "For almost two years, protesters statewide and nationally have called for the forced resignation of Sharon Keller, one of Texas' highest-echelon judges, over charges of unethical conduct after she refused to accept a last-minute appeal from a death row inmate. Starting today, a rare hearing will begin in San Antonio that could help settle the matter."

And The Associated Press reports that "Texas judge ended day as death row appeal waited."
Posted at 09:54 PM by Howard Bashman




Saturday, August 15, 2009

"Critics want to bench Judge Manuel L. Real; He is 85 and has sat on the U.S. District Court bench in L.A. since 1966; He wields his gavel despite complaints about his imperious behavior and frequent reversals by appellate courts": Carol J. Williams will have this article Sunday in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman




"Gunning for the District: For some gun advocates, securing the right to keep and bear arms at home wasn't enough." This editorial appears today in The Washington Post.
Posted at 11:34 PM by Howard Bashman




"Luckless Predator Only Attracted to Undercover Cops": At Wired.com's "Threat Level" blog, Kevin Poulsen has a post that begins, "It's official. There's nobody in the chat rooms but pedophiles and undercover police. On Thursday, a federal appeals court upheld the conviction of an Indiana man whose online efforts to proposition underage girls led him to not one, not two, but three undercover cops, none of whom apparently knew about the others."

You can access this past Thursday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:30 PM by Howard Bashman




"Blogger's Case Could Test the Limits of Political Speech; New Jersey Man Was Arrested After Writing That 3 Judges 'Deserve to Be Killed'": Sunday in The Washington Post, Peter Slevin will have an article that begins, "Internet radio host Hal Turner disliked how three federal judges rejected the National Rifle Association's attempt to overturn a pair of handgun bans."
Posted at 11:23 PM by Howard Bashman




"Will Critical Review Keep Judge From D.C. Circuit Slot? D.C. Court of Appeals Judge Vanessa Ruiz slammed in evaluation for taking too long on cases." law.com has this report.
Posted at 10:52 PM by Howard Bashman




Friday, August 14, 2009

Bob Egelko is reporting: In yesterday's edition of The San Francisco Chronicle, he had articles headlined "Judges don't buy theory in S.F. tobacco-ban case" and "U.S. court hears vets' appeal on mental health."
Posted at 04:50 PM by Howard Bashman




"Justice Stevens Calling": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:18 PM by Howard Bashman




"Effective at noon on Friday, August 14, 2009, Hon. Alice M. Batchelder of Medina, Ohio, became Chief Judge of the Sixth Circuit, succeeding Hon. Danny J. Boggs, who had served in that capacity since October 1, 2003." So states a notice posted today at the home page of the U.S. Court of Appeals for the Sixth Circuit.

A reader emails, "Note that Judge Batchelder's 65th birthday is tomorrow." Thus, by stepping down as Chief Judge today instead of serving his full seven-year term as the Sixth Circuit's Chief Judge -- which apparently would have expired sometime in 2010 -- Judge Boggs has allowed Judge Batchelder to become the Sixth Circuit's Chief Judge, a post she would have been statutorily ineligible to assume once she turned 65 years of age.
Posted at 04:15 PM by Howard Bashman




"With Sotomayor Confirmed, Focus Should Be on Nominations to Appeals Courts": You can access this month's installment of my "Upon Further Review" column, published in The Legal Intelligencer, by clicking here.
Posted at 12:40 PM by Howard Bashman




"Judges Who Would Be King: The judiciary is on an unprecedented power trip." Lee A. Casey and David B. Rivkin Jr. have this jurisprudence essay online at Slate.
Posted at 11:55 AM by Howard Bashman




"This case reminds us again of the utility of communication to prevent injury, even in the pastoral setting of a golf course and in the context of a game in which etiquette is as integral as skill." So begins an opinion that a three-judge panel of the Superior Court of Pennsylvania issued yesterday.

As the opinion explains, "On June 15, 2007, Zeidman, Larry Rashkow and Fisher were competing in a charity golf outing at Springfield Country Club when a duck hook hit by Fisher, acknowledged to drive the ball upwards of 300 yards, struck Zeidman in the face causing serious and permanent injuries."

Update: Staying on the golf theme, today's lone opinion of the U.S. Court of Appeals for the Federal Circuit involves a dispute over golf ball patents.

Second update: In coverage of that Federal Circuit ruling, Brent Kendall of Dow Jones Newswires reports that "US Appeals Court Orders New Trial In Golf Ball Patent Case."
Posted at 11:14 AM by Howard Bashman




Thursday, August 13, 2009

"Judges' Dissents for Death Row Inmates Are Rising": John Schwartz will have this front page article, in which I am quoted, in Friday's edition of The New York Times.
Posted at 11:48 PM by Howard Bashman




"En Banc First Circuit Reverses Panel, Gives IRS Access to Textron's Work Papers": "TaxProf Blog" has this post about a 3-2 ruling that the en banc U.S. Court of Appeals for the First Circuit issued today.

And Friday's edition of The Wall Street Journal will contain an article headlined "IRS Wins a Victory as Court Allows Access to Textron Tax Papers."
Posted at 11:20 PM by Howard Bashman




"Tenth Circuit split on gun ban for misdemeanants": At "The Volokh Conspiracy," David Kopel has this post about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:17 PM by Howard Bashman




"Appeals court upholds ban in Edwards T-shirt case": The Associated Press has a report that begins, "A federal appeals court on Thursday upheld a Texas school district dress code that banned a student's T-shirt supporting John Edwards' presidential campaign."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:58 PM by Howard Bashman




"Terrorism Trials May Be at New Va. Court; Security May Favor Newport News Over Alexandria": This article appears today in The Washington Post.

And today's edition of The New York Times contains articles headlined "Michigan Prison Is Considered for Detainees" and "A Window Into C.I.A.'s Embrace of Secret Jails."
Posted at 10:12 PM by Howard Bashman




"The Last Abortion Doctor: For thirty-six years, Warren Hern has been one of the few doctors in America to specialize in late abortions; George Tiller was another; And when Dr. Tiller was murdered that Sunday in church, Warren Hern became the only one left." The September 2009 issue of Esquire magazine will contain this lengthy article.
Posted at 10:25 AM by Howard Bashman




"Many seek ban as prostitution thrives in R.I." This front page article appears today in The Boston Globe.
Posted at 10:22 AM by Howard Bashman




"Courts Face Growing Battle Over Limits on Ex-Convicts": Amir Efrati has this article today in The Wall Street Journal.
Posted at 10:20 AM by Howard Bashman




Hands-free cell phone challenge "has no legs whatever," Seventh Circuit holds: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision affirming a federal district court's dismissal of a class action "challenging the constitutionality of a Chicago municipal ordinance that prohibits the use of wireless telephones without a 'hands-free' device while driving a motor vehicle."
Posted at 10:15 AM by Howard Bashman




"Eleventh Circuit to review en banc below-guideline sentence in 'utterly gruesome' sex offense case": Law professor Doug Berman has this post at his "Sentencing Law and Policy" blog.

Yesterday, the U.S. Court of Appeals for the Eleventh Circuit issued this order granting rehearing en banc in the case. In March 2009, a three-judge Eleventh Circuit panel issued this opinion affirming the sentence.
Posted at 10:07 AM by Howard Bashman




"Someone who wants to file as amicus curiae in support of a petition for rehearing, or rehearing en banc, must use the same schedule as the petitioner." Seventh Circuit Chief Judge Frank H. Easterbrook yesterday issued this interesting "in chambers" opinion addressing when an amicus brief in support of rehearing must be filed, in order to be timely, under the Federal Rules of Appellate Procedure.
Posted at 09:52 AM by Howard Bashman




"Dr Pepper Snapple Group Must Face Suit Over 'All Natural' Label": Bloomberg News has an article that begins, "Dr Pepper Snapple Group Inc., the beverage company spun off by Cadbury Plc last year, must face a lawsuit alleging its Snapple iced tea was deceptively promoted as 'all natural,' a federal appeals court ruled."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:32 AM by Howard Bashman




"Judge dismisses case over Confederate flag": This article appears today in The Knoxville News Sentinel.

And The Associated Press reports that "Tenn. student's Confederate flag suit thrown out."

I have posted Tuesday's ruling of the U.S. District Court for the Eastern District of Tennessee online at this link.
Posted at 09:15 AM by Howard Bashman




Lehigh Valley IronPigs 10, Louisville Bats 9 (10 innings): Yesterday evening, my son and I traveled to Coca-Cola Park in Allentown, Pennsylvania to watch the AAA affiliate of the Philadelphia Phillies host the AAA affiliate of the Cincinnati Reds. It was also J.A. Happ bobblehead giveaway night.

We had great seats directly behind home plate, and we ended up sitting next to Bats starting pitcher Ben Jukich, who was charting the pitches with a radar gun and who will be tonight's starting pitcher for the Bats.

IronPigs outfielder Michael Taylor -- who we last saw play last month in the AA Eastern League All-Star Game -- hit for the cycle and went 5-for-5 at the plate. He completed the cycle with a game-tying solo home-run in the bottom of the 9th inning. The 'Pigs won on a walk-off single with one out in the bottom of the 10th inning with runners on first and third and both the infield and outfield playing in.

You can access the box score at this link, the game recap at this link, and wraps here, here, and here.
Posted at 09:00 AM by Howard Bashman




Wednesday, August 12, 2009

Third Circuit holds that federal law does not preempt state law claims alleging that a number of statements on the labels of Snapple beverages are misleading: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:50 PM by Howard Bashman




"Sotomayor Lauded as Step Toward U.S. Ideals at Reception": The Washington Post has this news update.

The Associated Press has reports headlined "Justice Sonia Sotomayor celebrated at White House" and "Sotomayor grateful to nation for unlikely rise."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A White House Celebration for Sotomayor," while earlier today David Ingram had a post titled "Justices, Circuit Judges to Attend Sotomayor Event."

Via C-SPAN, by clicking here you can view the video of today's White House event. And the White House has posted online this transcript of the remarks at today's event.
Posted at 03:20 PM by Howard Bashman




Tuesday, August 11, 2009

"New approach to 'insider' gains": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:58 PM by Howard Bashman




"Miers Told House Panel of 'Agitated' Rove; Bush White House Counsel Said Adviser Called U.S. Attorney a 'Serious Problem'": This article will appear Wednesday in The Washington Post.

Wednesday's edition of The Wall Street Journal will contain an article headlined "Democrats Release Documents Related to Lawyer Firings."

Marisa Taylor of McClatchy Newspapers reports that "Probe shows Rove played key role in firing U.S. attorneys."

And The Associated Press reports that "Rove involvement in US attorney firing detailed."
Posted at 11:57 PM by Howard Bashman




"2 U.S. Architects of Harsh Tactics in 9/11's Wake": Wednesday's edition of The New York Times will contain this article.
Posted at 11:40 PM by Howard Bashman




"Appeals court allows third trial against two former Westar Energy executives": This article appears today in The Kansas City Star.

And The Topeka Capital-Journal reports today that "Court OKs third Westar trial."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 11:25 PM by Howard Bashman




"Curses! Blasphemy, profanity laws still on the books." David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 03:32 PM by Howard Bashman




"Spectacular Distractions Are the Perks of Judgeship": The New York Times today contains an article that begins, "The search is on for a candidate for one of the most scenic jobs in American law: magistrate judge for the United States District Court in Yosemite National Park, home not only to towering sequoias but also to a tiny federal courthouse where park justice is doled out 52 weeks a year."
Posted at 10:54 AM by Howard Bashman




"Tilting at Internet Barrier, a Stalwart Is Upended": Today in The New York Times, John Schwartz has an article that begins, "In the community of activists trying to break down Internet barriers that they say stifle creativity and knowledge, few figures are as revered as Charles Nesson."

And in Billboard magazine, Ben Sheffner of the "Copyrights & Campaigns" blog has an essay entitled "Piracy verdicts may violate U.S. Constitution."
Posted at 09:00 AM by Howard Bashman




"Blogger accused of threatening judges denied bond": The Associated Press has this report.

And The Chicago Sun-Times reports today that "Hal Turner remains in jail after hearing."
Posted at 08:55 AM by Howard Bashman




"Supreme Court Argument Cycle Dominated by Veterans; Gibson Dunn's Theodore Olson and Sidley Austin's Carter Phillips each argued a half-dozen high court cases": Marcia Coyle of The National Law Journal has this report.
Posted at 08:51 AM by Howard Bashman




Monday, August 10, 2009

"Court allows third Westar trial": The Topeka Capital-Journal has a news update that begins, "An appeals court on Monday denied a request of David Wittig and Douglas Lake, former top executives of Westar Energy Inc., to prevent them from facing a third trial for allegedly looting the company."

And The Associated Press reports that "Appeals court allows new trial for ex-Westar execs."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:20 PM by Howard Bashman




"Va. court upholds prisoner abuse conviction": The Associated Press has a report that begins, "A federal appeals court in Virginia has upheld the conviction of the first American civilian found guilty of mistreating a detainee during the wars in Iraq and Afghanistan."

According to today's opinion of the U.S. Court of Appeals for the Fourth Circuit, "This case presents novel questions concerning the reach of federal criminal law to acts that an American civilian commits abroad while in service to this Country."
Posted at 11:08 PM by Howard Bashman




"Judge: CIA interrogations not relevant to 9/11 accused's sanity." Carol Rosenberg of The Miami Herald has this news update.
Posted at 10:40 PM by Howard Bashman




"For Sotomayor, job may take getting used to": Joan Biskupic has this article today in USA Today.
Posted at 10:37 PM by Howard Bashman




"Change of Venue: In Retirement, Justice O'Connor Still Rules." Jess Bravin will have this article Tuesday in The Wall Street Journal.
Posted at 10:30 PM by Howard Bashman




"Supreme Court turns down Conrad Black bail request": The Associated Press has this report.
Posted at 06:12 PM by Howard Bashman




"A divided appeals court affirms jury's $14 million award to a former death-row inmate": The Times-Picayune of New Orleans has a news update that begins, "In a tied vote that means a mandatory affirmation of the lower court's ruling, the U.S. 5th Circuit Court of Appeals today upheld the $14 million jury verdict against the Orleans Parish District Attorney's Office for misconduct in the 1985 murder trial of John Thompson."

You can access today's en banc order of the U.S. Court of Appeals for the Fifth Circuit, affirming the district court's judgment by an evenly divided vote, at this link. The order is accompanied by concurring and dissenting opinions.

Back in December 2008, a unanimous three-judge Fifth Circuit panel issued a decision affirming the judgment in this case. My earlier coverage of that ruling appears at this link.
Posted at 03:58 PM by Howard Bashman




Sunday, August 9, 2009

"Sotomayor Fans Claim the Phrase 'Wise Latina'": This article appears today in The New York Times.

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Real Work Begins For Justice Sotomayor" (RealPlayer required) featuring David G. Savage of The Los Angeles Times.
Posted at 11:35 PM by Howard Bashman




"Obama's Embrace of a Bush Tactic Riles Congress": Today in The New York Times, Charlie Savage has an article that begins, "President Obama has issued signing statements claiming the authority to bypass dozens of provisions of bills enacted into law since he took office, provoking mounting criticism by lawmakers from both parties."
Posted at 11:17 PM by Howard Bashman




"U.S. battling CIA rendition case in 3 courts": Bob Egelko will have this article Monday in The San Francisco Chronicle.
Posted at 11:14 PM by Howard Bashman




"Litigants become their own lawyers; Hiring an attorney isn't cheap, so these days more people are navigating the justice system themselves; But courtrooms can be tough for amateurs": This article will appear Monday in The Los Angeles Times.
Posted at 11:10 PM by Howard Bashman




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Hit & Run

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