Appellate Practice

Goal of New ABA Web Effort: All the Federal Decisions that Are Fit to Print

Want to know more about a 9th Circuit opinion on the First Amendment rights of a citizen ejected from a city council meeting for giving a Nazi salute? Or the 5th Circuit opinion allowing a Halliburton employee to sue over her alleged rape in Iraq? You can find those opinions…

Nov 17, 2009 11:30 AM CST

Supreme Court Overturns 9th Circuit a Third Time in Bludgeon Murder Case

For the third time, the U.S. Supreme Court has overturned the San Francisco-based 9th U.S. Circuit Court of Appeals and restored the death penalty for a man convicted of the bludgeon murder of a 19-year-old woman in 1981. The Supreme Court’s per curiam opinion (PDF) said it is “fanciful” to…

Nov 16, 2009 5:16 PM CST

Sotomayor Asks 11.2 Questions Per Argument, Outpacing Roberts in 2005

The court’s newest justice isn’t shy or apologetic in her questioning of lawyers during U.S. Supreme Court oral arguments. During the court’s second two-week cycle of arguments, Justice Sonia Sotomayor asked an average of 11.2 questions per argument, more than Chief Justice John G. Roberts Jr. at the same point…

Nov 16, 2009 2:45 PM CST

Woman Gets New DUI Trial, Can Argue She Had to Drive to Avoid Bar Fight

Reversing the drunken-driving conviction of a woman who wasn’t allowed to argue at trial that she had to flee a dangerous bar fight, the Montana Supreme Court has ruled that Lisa Marie Leprowse will get a new trial to present her defense. A Missoula District Court judge had agreed with…

Nov 14, 2009 12:17 AM CST

Juror’s Note to Judge About ‘Cutie’ DA Didn’t Require Mistrial

A juror caused consternation by sending a note to the judge in a fatal New York child-abuse case, asking for the name and number of the “cutie” assistant district attorney–and asking if the judge could recommend a divorce lawyer. But the “undoubtedly inappropriate” note sent to Warren County Court Judge…

Nov 12, 2009 9:25 PM CST

Court Nixes Ex-Judge’s Effort to End Alimony After Retirement

Although every situation must be considered based on its own individual facts, at least one retired former judge in Massachusetts will still be expected to continue paying his wife $42,000 a year in alimony. Voluntary retirement is a factor that can be considered in a petition to reduce alimony, but…

Nov 9, 2009 10:27 PM CST

Did Top Texas Judge’s Testimony Open Door to Wrongful Death Suit?

Contending that a top Texas appellate judge misled a federal appeals court that dismissed a wrongful death claim by the wife and daughter of an executed inmate, a civil rights group has asked a federal judge to reopen the case . It concerns a controversial refusal by Texas Court of…

Nov 6, 2009 6:10 PM CST

Mass. Appeals Court Lawyer Reportedly Offered to Write Term Paper for $300

An undercover journalist researching the “shadowy underworld” of ghostwritten term papers says a senior staff attorney with the Massachusetts Appeals Court offered to write a term paper on physician-assisted suicide for $300. The lawyer, Damian Bonazzolli, was one of 62 people who offered a price quote to the undercover journalist,…

Nov 6, 2009 3:48 PM CST

Top Pa. Court Axes $3.5M Libel Verdict Due to ‘Judicial Impropriety’

Because of questionable conduct of the Luzerne County judges who oversaw the case, a Pennsylvania newspaper must get a new trial in a defamation lawsuit that resulted in a $3.5 million bench verdict in 2006, the state’s top court ruled today. The Pennsylvania Supreme Court did not find that lawyers…

Nov 5, 2009 12:38 AM CST

Associate Makes Supreme Court Debut in Prosecutor Immunity Case

Lawyer Steve Sanders made his U.S. Supreme Court debut today arguing on behalf of prosecutors accused of conspiring to frame two murder suspects. Sanders is an appellate litigator with Mayer Brown, but in an unusual twist, he is an associate rather than a partner. And it’s a paying case; a…

Nov 4, 2009 8:23 PM CST

Justice Scalia Delivers Lesson on Word Usage

A lawyer for a company that sells tax-free cigarettes over the Internet got a lesson on word usage from Justice Antonin Scalia on Tuesday. The problems began for lawyer Randolph Barnhouse soon after he described an opportunity to collect tax money as an “inchoate” interest—an interest that is not yet…

Nov 4, 2009 2:09 PM CST

Roberts: Should Courts Review Mutual Fund Fees When Morningstar Has Info?

Chief Justice John G. Roberts Jr. and Justice Antonin Scalia questioned yesterday whether courts should be evaluating mutual fund fees when investors can make their own assessments. At issue in the case is whether investors in the Oakmark family of mutual funds can challenge high fees set by fund manager…

Nov 3, 2009 2:19 PM CST

2nd Circuit Tosses Extraordinary Rendition Suit Against Ashcroft

A federal appeals court has ruled a Canadian engineer can’t sue former Attorney General John Ashcroft and other government officials for transferring him to Syria in 2002, where he claims he was tortured. The New York City-based 2nd U.S. Circuit Court of Appeals said in a 7-4 en banc ruling…

Nov 3, 2009 12:38 PM CST

DA’s Final Answer: Ex-Judge’s Acquittal Stands in Prisoner-Paddling Case

Explaining that three jurors who earlier raised questions about the not-guilty verdict in a criminal case against a former Alabama judge have backed down, the Mobile County District Attorney now says that the case against Herman Thomas is finally concluded, reports the Press-Register. “It is now time for this community…

Oct 30, 2009 5:08 PM CDT

GQ List of Influence Puts Chief Justice at No. 10, SCOTUSblog Founder at No. 45

Chief Justice John G. Roberts Jr. is the 10th most influential person in Washington, D.C., beating out Attorney General Eric Holder, who comes in at No. 13. GQ magazine said it ranked Roberts 10th on its list of the 50 most powerful people in D.C. because of his apparent influence…

Oct 30, 2009 3:52 PM CDT