Note: External links, forms and search boxes may not function within this collection
This is an archived Web site from the Library of Congress
http://howappealing.law.com/
Archived: 08/23/2009 at 03:48:37
First (03/01/2007)
Previous
#33 of 41
Next 
Last (12/03/2009) 
 |
 |
|
Saturday, August 22, 2009 Programming note: As has happened the final week of August almost every year since this blog began in May 2002, I'll be spending next week downashore. New posts will next appear here on Saturday, August 29th. Between now and then, readers are invited to let me know via email of news, court rulings, and other developments that might be worthy of mention upon my return. As for attending baseball games in the near future, on the night of Monday, August 24th, my son and I will watch the Lakewood BlueClaws host the Lake County Captains. Then, on the night of Sunday, August 30th, we'll watch the Philadelphia Phillies host the Atlanta Braves. Meanwhile, last night we were at Waterfront Park in Trenton, New Jersey as "Thunder toss 10-inning one-hitter; Bush, four relievers combine on Trenton's 15th shutout." "In 'Hillary: The Movie' case, Supreme Court considers major shift in election law; Supreme Court precedent on corporate spending limits may be overturned; The conservative majority has opposed campaign spending laws in narrower cases, citing free speech": David G. Savage will have this article Sunday in The Los Angeles Times. Posted at 11:04 PM by Howard Bashman "The government versus Hal Turner: As vile as his rhetoric is, the right-wing extremist's odious online views deserve 1st Amendment protections." Today's edition of The Los Angeles Times contains an editorial that begins, "In bringing criminal charges against an Internet radio host and blogger who wrote that three judges 'deserve to be killed' for their ruling in a 2nd Amendment case, the U.S. Justice Department isn't risking much public criticism." Posted at 11:02 PM by Howard Bashman "Appeals Court Orders Church-Run Post Office To Remove Religious Materials": This article appeared Friday in The Hartford Courant. And The Associated Press has a report headlined "Court: Religious items OK in Conn. postal facility." My earlier coverage of Thursday's Second Circuit ruling appears at this link. "Feds Urge Dismissal of High-Profile Spy Case": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The Obama administration is urging a federal judge to dismiss a lawsuit weighing whether a sitting U.S. president may lawfully create a spying program to eavesdrop on Americans' electronic communications without warrants or congressional authorization." And at Politico.com, Josh Gerstein has a post titled "Obama DOJ punts on warrantless taps' legality" at his "Under the Radar" blog. Friday, August 21, 2009 "Second Amendment cases up early": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court will consider two new cases on the scope of individuals' Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court's electronic docket." Posted at 11:50 PM by Howard Bashman "Newly Released Documents Show Rehnquist's Private Side": Tony Mauro will have this article in next Monday's edition of The National Law Journal. And today at "The BLT: The Blog of Legal Times," Tony has posts titled "Rehnquist Papers: The Monthly Poker Game" and "Rehnquist Papers: The Chief and Judge Hall." Thursday, August 20, 2009 "When the bedroom leads to the courtroom: Despite U.S. Supreme Court decisions, lower courts still use the 'morality of the majority' to criminalize consenting sexual acts." Law professor J. Kelly Strader had this op-ed yesterday in The Los Angeles Times. Posted at 06:02 PM by Howard Bashman "Planned Parenthood's CEO 'thrilled' by ruling": The Argus Leader of Sioux Falls, South Dakota has a news update that begins, "Planned Parenthood's CEO said she 'couldn't be happier' with today's rulings on South Dakota's informed consent for abortion law." And The Associated Press has a report headlined "Judge: SD doctors must say abortion ends life." I have posted online today's summary judgment opinion and order of the U.S. District Court for the District of South Dakota. "Judge Betty's Revenge: Conservatives thought they'd sidelined the 9th Circuit's lion of liberalism; They were wrong." Nina Shapiro has this lengthy cover story in the current issue of Seattle Weekly. Posted at 02:34 PM by Howard Bashman "Rehnquist Papers: White House Wanted Publicity on Thomas Oath-Taking." Tony Mauro has this post today at "The BLT: The Blog of Legal Times," along with a related post titled "Rehnquist Papers: On Singing Dixie, and Minority Law Clerks." Posted at 01:52 PM by Howard Bashman "Ore. court rejects car salesman's ethics case": The Associated Press has this report on a ruling that the Supreme Court of Oregon issued today. Posted at 01:45 PM by Howard Bashman "Lawyer: FBI Paid Right-Wing Blogger Charged With Threats." At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A notorious New Jersey hate blogger charged in June with threatening to kill judges and lawmakers was secretly an FBI 'agent provocateur' paid to disseminate right-wing rhetoric, his attorney said Wednesday." Posted at 01:42 PM by Howard Bashman "This case raises an Establishment Clause challenge to religious displays at a contract postal unit operated by a church in Manchester, Connecticut." So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today. The court's opinion holds that an Establishment Clause violation occurred and requires by way of remedy that "the postal counter be free of religious material, and that visual cues distinguish the space operating as a postal facility from the space functioning as the private property of the Church." Available online from law.com: An article reports that "3rd Circuit Appeal Challenges Judge's Outside Research in Bench Trial." In other news, "Broadcom Co-Founder Fights to Keep Appeal Secret." And an article reports that "Lawyers, Journalists Ask U.S. Supreme Court to Review Voir Dire Closing." "Appeals court overturns Holocaust looted-art law, but Norton Simon suit continues": This post appears at the "Culture Monster" blog of The Los Angeles Times. Bob Egelko of The San Francisco Chronicle has a blog post titled "Holocaust art ruling." And The Pasadena Star-News reports that "Legal fight over Norton Simon art can go forward, court rules." You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Wednesday, August 19, 2009 "Planned Parenthood worries SD clinic may shut down": The Associated Press provides this report. Posted at 11:55 PM by Howard Bashman "Texas Judge Denies Fault in Handling of Appeal": Thursday's edition of The New York Times will contain an article that begins, "Accused of denying a condemned man the chance for a last appeal hours before the state's lethal drug cocktail stopped his heart, the highest-ranking criminal judge in Texas was called to the witness stand on Wednesday for the second day to defend her decision, her reputation and potentially her job." Texas Lawyer has an article headlined "Finger-Pointing Abounds at Hearing Into Misconduct Claims Against Texas Judge; Court of Criminal Appeals Judge Sharon Keller is accused of ignoring a last-minute appeal that could have halted the execution of a death row inmate in 2007." And The Associated Press reports that "Judge stands by closing ahead of death-row appeal." "Abortion Law Backers Vow Oklahoma Appeal": This article will appear Thursday in The New York Times. The Oklahoman reports today that "Oklahoma's abortion law falls in court; Judge cites rule violation." And The Tulsa World reports today that "Judge tosses abortion law; The measure was intended to require a woman seeking an abortion to have an ultrasound." "Judge sets January trial for Prop. 8 lawsuit": Bob Egelko of The San Francisco Chronicle has this news update. Howard Mintz of The San Jose Mercury News has an update headlined "January trial set for U.S. court challenge to California's gay-marriage ban." The Christian Science Monitor reports that "Date set for challenge of California gay-marriage ban; On Jan. 11, the two lawyers who argued the Bush v. Gore in 2000 will begin their case against Proposition 8." And The Associated Press reports that "Judge sets January trial date for Prop. 8 case." "Harriet Miers Takes Another Crack at the U.S. Supreme Court": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." Posted at 11:15 PM by Howard Bashman "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." "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." "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." "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." "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." "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." "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. "'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." "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." "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. 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." "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." "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. "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." "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." "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. 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." 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. "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. "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." 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." "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. "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." "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. "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. "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. 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.  
|
|
|
|||||||||||||||||||||||
