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Archived: 09/02/2009 at 05:09:40
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Tuesday, September 1, 2009 "Schwarzenegger to seek Supreme Court appeal of prison ruling": The Sacramento Bee has a blog post that begins, "Gov. Arnold Schwarzenegger wants to file an appeal with the U.S. Supreme Court of a federal order to reduce the state's prison population by more than 40,000 inmates over the next two years, his office announced Tuesday." Posted at 11:58 PM by Howard Bashman "Call to Jury Duty Strikes New Fear: Financial Ruin." John Schwartz will have this article Wednesday in The New York Times. Posted at 11:57 PM by Howard Bashman "9th Circuit Invites Additional Briefing on Former Broadcom Exec's Privilege Claim": law.com has this report. Posted at 11:54 PM by Howard Bashman "3rd Circuit Panel Upholds Online Gambling Ban": Shannon P. Duffy will have this article in Wednesday's edition of The Legal Intelligencer about a ruling that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 11:50 PM by Howard Bashman Williamsport Crosscutters 9, Mahoning Valley Scrappers 4: Just back from historic Bowman Field in Williamsport, Pennsylvania, where tonight the class A short-season affiliate of the Philadelphia Phillies defeated the class A short-season affiliate of the Cleveland Indians in New York-Penn League action. You can access the box score of tonight's game at this link. We had great seats five rows from the field near third base. The Crosscutters players were all very friendly and willing to sign autographs for all seekers before the game. You can learn more about historic Bowman Field and see plenty of photographs at this link. There was no "potato incident" during tonight's game. You can learn more about the potato incident at this link. Tomorrow, we travel to Altoona, Pennsylvania, where tomorrow night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action. We hope to ride the adjacent rollercoaster (photo via "BallparkReviews.com") before the game. "Six tobacco companies suing FDA in BG court; Group: Family Smoking Prevention and Tobacco Control Act prohibits free speech." This article appears today in The Bowling Green Daily News. The Wall Street Journal reports today that "Tobacco Giants Challenge Law." And The New York Times reports that "Tobacco Firms Sue to Block Marketing Law." You can view the complaint initiating suit at this link. "Corruption convictions against Inzunza upheld": Greg Moran of The San Diego Union-Tribune has a news update that begins, "The Ninth U.S. Circuit Court of Appeals on Tuesday morning upheld the convictions on federal corruption charges of former San Diego City Councilman Ralph Inzunza. The court also upheld the acquittals of former Councilman Michael Zucchet." According to the article, "A jury convicted both men in July 2005 on charges of trying to relax a city law that banned touching between dancers and customers at strip clubs, a change that would have allowed the clubs to make more money. Prosecutors said that effort was done in exchange for cash and campaign contributions." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Woman alleging firefighter assault can't sue city": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A photographer who said she was sexually assaulted by two Sacramento firefighters at the Porn Star Costume Ball in 2004 can't hold the city responsible, a state appeals court says." And today in The Sacramento Bee, Denny Walsh reports that "Sacramento wins appeal over firefighters' alleged sex assault." You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link. "Judge rules Kuwaiti at Guantanamo was foot soldier": Carol Rosenberg of The Miami Herald has a news update that begins, "A federal judge has upheld the military detention of a Kuwaiti man whose lawyers were among the earliest and most persistent challengers of President George W. Bush's right to lock him up as an enemy combatant at Guantanamo Bay, Cuba." And at "SCOTUSblog," Lyle Denniston has a post titled "Al Odah loses challenge, after five years." Yesterday, the U.S. District Court for the District of Columbia posted online the ruling, which originally issued on August 24, 2009. "Court: Former Duke lacrosse coach can pursue lawsuit." The News & Observer of Raleigh, North Carolina has a news update that begins, "The state Court of Appeals ruled today that Mike Pressler, the former Duke University lacrosse coach, could pursue his claims of slander and libel against his former employer in the courtroom." And The Associated Press reports that "NC appeals court allows Duke lacrosse coach's suit." You can access today's ruling of the Court of Appeals of North Carolina at this link. In news from Williamsport, Pennsylvania: I won't arrive there until this afternoon, but today's edition of The Williamsport Sun-Gazette contains articles headlined "Judge moves chambers to Harrisburg, promises he will remain active locally"; "Cutters let a critical one get away"; and "Unusually cool weather expected in region." Posted at 08:02 AM by Howard Bashman "Toyota concealed evidence in rollover cases, ex-attorney alleges; In a lawsuit, lawyer says Toyota repeatedly forced him to illegally withhold information from victims of hundreds of accidents that resulted in deaths and injuries": This article appears today in The Los Angeles Times. Posted at 07:58 AM by Howard Bashman Monday, August 31, 2009 Programming note: On Tuesday, my son and I will embark on a baseball-related road trip that will take us from the Philadelphia area to Cleveland and back over the next seven days. Our first stop, on Tuesday, will be Williamsport, Pennsylvania, where on Tuesday night we will watch the Williamsport Crosscutters (the class A short-season affiliate of the Philadelphia Phillies) host the Mahoning Valley Scrappers (the class A short-season affiliate of the Cleveland Indians) in New York-Penn League action. On Wednesday, we will travel to Altoona, Pennsylvania, where on Wednesday night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action. On Thursday, we will travel to Niles, Ohio, where on Thursday night we will watch the Mahoning Valley Scrappers host the Jamestown Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. The logos of these two teams (see here and here) are alone worth the $3-per-ticket price of admission. On Friday, we will travel to Akron, Ohio, where on Friday night we will watch the Akron Aeros host the Erie SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action. On Saturday, it's on to Cleveland, where we will see the Cleveland Indians host the Minnesota Twins. On Sunday, we head to Pittsburgh to watch the Pittsburgh Pirates host the St. Louis Cardinals. And on our way home from Pittsburgh on Monday, we'll stop at Gettysburg, Pennsylvania to visit the Gettysburg National Military Park. Appellate law-related blogging and occasional baseball-related posts will continue to appear here during the days ahead while I'm on the road. "Appeals court explains sports betting ruling": The News Journal of Wilmington, Delaware has this update. And Tuesday in The Legal Intelligencer, Shannon P. Duffy will have an article headlined "3rd Circuit Explains Why It Sacked Delaware Sports Lottery." My earlier coverage of today's Third Circuit ruling appears at this link. "Montana Court to Weigh In on Assisted Suicide Case": This article will appear Tuesday in The New York Times. Posted at 09:05 PM by Howard Bashman "Fewer Newspapers Fight to Open Court Proceedings": Adam Liptak will have this new installment of his "Sidebar" column in tomorrow's edition of The New York Times. Posted at 09:04 PM by Howard Bashman "Major cigarette makers sue over new tobacco law": The Associated Press has a report that begins, "Two of the three largest U.S. tobacco companies filed suit against federal authorities Monday, claiming a law that gives the U.S. Food and Drug Administration new authority over tobacco violates their right to free speech." Posted at 04:53 PM by Howard Bashman "We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission." So begins today's ruling of the U.S. Court of Appeals for the Ninth Circuit in the case captioned Paris Hilton v. Hallmark Cards. Update: The Associated Press reports that "Court sides with Paris Hilton in Hallmark fight." And Reuters has a report headlined "Court: Paris Hilton can pursue Hallmark lawsuit." "Court limits Delaware betting plan to NFL parlays": The Associated Press has a report that begins, "A federal appeals court on Monday dealt another body blow to Delaware's plans for a new sports betting lottery, saying it must be limited to parlay bets on professional football games." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. "Trial by Fire: Did Texas execute an innocent man?" David Grann has this article in the September 7, 2009 issue of The New Yorker. Posted at 10:32 AM by Howard Bashman Sunday, August 30, 2009 "Caperton v. Massey returns to W.Va. Supreme Court": Yesterday's edition of The Charleston (W. Va.) Gazette contained this article. Posted at 04:58 PM by Howard Bashman "Grand juror not happy Medina case dismissed; Says jury should have heard about the fire at home of justice and his wife, who could have been indicted": This article appears today in The Houston Chronicle. And yesterday's newspaper contained an article headlined "DA drops fire charges against justice's wife." In the Summer 2009 issue of The Green Bag: In articles about the October Term 2008 of the U.S. Supreme Court, Erwin Chemerinsky has an article headlined "Moving to the Right, Perhaps Sharply to the Right," while John P. Elwood has an article headlined "What Were They Thinking: The Supreme Court in Revue, October Term 2008." Posted at 03:18 PM by Howard Bashman "Tracking new cases: Suing gun makers." Lyle Denniston has this post today at "SCOTUSblog." Posted at 10:54 AM by Howard Bashman "Nebraska doctor takes up Tiller's mission to keep late-term abortions available": The Kansas City Star contains this article today. Today's edition of The Omaha World-Herald contains articles headlined "Abortions laws takes effect today" and "Abortion protest in Bellevue." And The Associated Press reports that "Abortion fight shifts to Neb. after Tiller death" and "Justifiable homicide defense eyed in Roeder's case." "Case is a serious challenge to Florida's gay-adoption ban; An adoption case that is now before an appellate court case presents a significant challenge to Florida's law against gays": This article appears today in The Miami Herald. And law.com reports that "In Fla. Adoption Case, State Argues Gays Prone to Mental Illness, Breakups." "Supreme Court to Revisit 'Hillary' Documentary": Adam Liptak has this front page article today in The New York Times. Posted at 09:33 AM by Howard Bashman Saturday, August 29, 2009 "Justice Sotomayor, Justice Scalia and Our Six Catholic Justices": Law professor Geoffrey R. Stone has this blog post at "The Huffington Post." Posted at 11:50 PM by Howard Bashman "Comcast Wins Appeal Of FCC Ownership Cap; Largest Provider Can Grow Even Bigger": This article appears today in The Washington Post. The Philadelphia Inquirer reports today that "U.S. court gives Comcast greater expansion rights." And The Associated Press reports that "Court rejects cap on cable market share - again." You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "U.S. appeals court: Return MLB players' drug-test records; Panel says data from confidential tests of baseball players was improperly seized." Maura Dolan and Lance Pugmire had this article Thursday in The Los Angeles Times. In Thursday's edition of The San Jose Mercury News, Howard Mintz had an article headlined "Appeals court bars feds from using pro baseball players' steroids test results." Thursday's edition of The San Francisco Chronicle reported that "Feds improperly seized players' steroid records." Thursday's edition of The New York Times reported that "Court Rules U.S. Seized 2003 Tests Improperly." And The Associated Press had articles headlined "Court: Investigators wrong to seize MLB drug list" and "Court ruling small consolation for exposed players," along with a column entitled "Hard to feel bad for outed players from 'The List.'" You can access Wednesday's ruling of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. My coverage of the original three-judge panel's ruling, which issued in December 2006, can be accessed here and here. In other coverage of this week's ruling, at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court's Steroid Ruling Pumps Up Computer Privacy." At "The Volokh Conspiracy," law professor Orin Kerr has a series of posts largely critical of the en banc ruling. And WSJ.com's "Law Blog" has a post titled "Beyond A-Rod and ManRam: Plain Talk on the 'Plain View Doctrine.'" "FBI loses appeal of $101.7m verdict; Circuit court cites 'trauma' to 4 sent to prison": Yesterday's edition of The Boston Globe contained an article that begins, "A federal appeals court upheld yesterday a landmark verdict for four men framed by the FBI in a gangland slaying, although the appellate judges said the $101.7 million damage judgment awarded by a lower court was 'at the outer edge of the universe of permissible awards.''" And The Associated Press reports that "Mass. court OKs $102M wrongful-conviction award." You can access Thursday's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Board turns down judge pension claim": Yesterday's edition of The Boston Herald contained an article that begins, "Members of the state retirement board denied former Superior Court Judge Ernest Murphy's disability pension request yesterday that would have granted the former judge 75 percent of his salary. Treasurer Tim Cahill, who recommended the board vote down Murphy's request, thanked board members for 'taking a stand' against the pension. Murphy claimed he was suffering from post-traumatic stress following a series of Herald stories in 2002." Posted at 08:25 PM by Howard Bashman "Mass. Case May Be Key in Taking Gay Marriage Fight to Supreme Court": Marcia Coyle will have this article in the August 31, 2009 issue of The National Law Journal. Posted at 08:22 PM by Howard Bashman "'Important Questions of Federal Law': Assessing the Supreme Court's Case Selection Process." The Yale Law School Supreme Court Advocacy Clinic and the Yale Law Journal Online will host this half-day conference on the morning of September 18, 2009 at the National Press Club in Washington, DC. There is no charge to attend the conference, but because space is limited pre-registration -- which can be accomplished online via this link -- is required. After the conference has occurred, podcasts of conference sessions and downloadable papers from the panelists will be available via this link. Thanks to Linda Greenhouse for informing me about this event. Tuesday, August 25, 2009 Pa. Superior Court issues ruling in Confrontation Clause case that I argued in March 2009: As noted in two earlier posts (see here and here), in March 2009 I argued an appeal to a three-judge panel of the Superior Court of Pennsylvania in which the main question presented on appeal involved whether the defendant's rights under the Confrontation Clause were violated by the trial court's admission into evidence at a jury trial of the videotaped testimony of a child who provided incriminating testimony against the defendant on direct examination but who then refused to or was unable to complete her direct examination and thus was entirely unavailable for cross-examination. I previously linked to the Brief for Appellant and Reply Brief for Appellant that I filed in the appeal. Yesterday, the appellate court issued this unanimous decision holding that the defendant's Confrontation Clause rights were violated and that the defendant is entitled to a new trial on all of the charges on which he had been convicted. And now, because it is quite the beach day today in Margate City, New Jersey, I must return to my regularly scheduled summer vacation.  
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