Appellate Practice

Texas DA Blasts Prosecution & Defense for Wrongful Rape Conviction

In a rare public rebuke, District Attorney Pat Lykos of Harris County, Texas, has blasted both prosecution and defense lawyers in a wrongful conviction case. She also blames police and a dysfunctional police crime lab, for “a cascading, systemwide breakdown” that caused an innocent man to be convicted and sentenced…

Mar 12, 2009 7:22 PM CDT

Liberal 9th Circuit Judges Rebel over ‘Cert Petition’ Dissents in En Banc Denials

Judges on the 9th U.S. Circuit Court of Appeals are engaging in a war of pointed concurrences and sometimes snarky dissents to decisions denying en banc review. Conservative judges on the San Francisco-based court have long used dissents to denials of en banc review to frame the issues and urge…

Mar 12, 2009 1:43 PM CDT

Move Over, ‘Boston Legal’: ‘Dallas DNA’ Is on Deck

First came LA Law. Then Boston Legal. Now, Dallas DNA is poised to hit the nation’s airwaves. But, unlike the earlier award-winning television dramas, this one is set in real life. “Dallas DNA chronicles a pioneering unit within the Dallas County’s District Attorney’s office where post-conviction DNA testing is being…

Mar 11, 2009 11:53 PM CDT

Scalia Says Thomas Would Benefit by Posing Questions, Blog Reports

Justice Antonin Scalia says there are only two originalists on the U.S. Supreme Court, and one of them would benefit from talking more at oral arguments. Speaking at Pepperdine University School of Law, originalist Scalia said Justice Clarence Thomas would benefit by asking questions, according to an account of Scalia’s…

Mar 11, 2009 3:00 PM CDT

Appeals Court Blasts Settlement Firm, Nixes Deal Costing Victim $300K

A federal appeals court has refused to approve a lump-sum deal that cost a bombing victim around $300,000 because the Houston settlement company that struck the agreement evaded a Pennsylvania law requiring court approval. The company, Rapid Settlements, agreed to pay $32,000 upfront to the father of a 13-year-old boy…

Mar 10, 2009 3:12 PM CDT

California Justices Appear Likely to Uphold Gay Marriage Ban

The California Supreme Court appears likely to uphold a voter initiative banning gay marriage. Following oral arguments yesterday, the Recorder predicted that the court would uphold the voter measure known as Proposition 8 in a 5-2 decision. The New York Times, the Los Angeles Times and the Daily Journal (sub.…

Mar 6, 2009 12:53 PM CST

Dueling Ethics Accusations Over Prosecutor’s Personal Blog Post

A Los Angeles prosecutor has been accused by a defense lawyer of acting unethically concerning an off-the-clock post he wrote for his personal blog, Patterico’s Pontifications, about a Louisiana murder case. By contacting potential witnesses in a case in which he has no legal role, deputy Los Angeles district attorney…

Mar 5, 2009 8:39 PM CST

10 Missing Mass. Trial Tapes Stymie Appeals

Massachusetts officials say a court reporter has failed to turn over recordings or transcripts of 10 criminal and civil trials, making appeals impossible. The court reporter, Jeanne Lentini, faces a March 26 contempt hearing, but she says she has no plans to show up, the Boston Globe reports. She told…

Mar 5, 2009 2:48 PM CST

Will Ex-Judge Press On With $54M Pants Suit Case? Supreme Court Is Last Resort

After losing Monday a request for an en banc rehearing before the entire Washington, D.C., District Court of Appeals, Roy Pearson Jr.’s infamous $54 million “pants suit” claim may be running out of steam. His only hope, at this point, is that the U.S. Supreme Court will grant certiorari, should…

Mar 4, 2009 10:23 PM CST

7th Circuit Affirms $80K Sanction: If Lawyer Can’t Pay, Bankruptcy Is Next Step

Known for his sometimes-blistering views on attorney competency issues, Judge Frank Easterbrook of the Chicago-based 7th U.S. Circuit Court of Appeals takes something of a kindly tone, initially, in an opinion today upholding an $80,000 sanction against an impoverished attorney. But, writing on behalf of a three-judge panel, Easterbrook nonetheless…

Feb 28, 2009 1:59 AM CST

Lawyers Debate Vague Law and Tie Breakers in Immigrant ID Theft Case

Supreme Court justices considered the meaning of “knowingly” in oral arguments yesterday on whether immigrants who use fake Social Security numbers can be charged with identity theft. The federal statute requires a two-year prison term for anyone convicted of “knowingly” using the identification of another person. At issue is whether…

Feb 26, 2009 5:36 PM CST

En Banc Appeals Court Reinstates Conviction of Ex-Qwest CEO

An en banc federal appeals court has reinstated the insider-trading conviction of Joseph Nacchio, the former chief executive of Qwest Communications. In a 5-4 ruling, the full 10th U.S. Circuit Court of Appeals based in Denver said the trial judge did not err by excluding the testimony of a defense…

Feb 25, 2009 6:20 PM CST

Losing Lawyer in Supreme Court Case Sees Possible Gun Ban for Spitters

The U.S. Supreme Court’s opinion finding a Second Amendment right to own handguns wasn’t mentioned in a decision yesterday that gave an expansive reading to a ban on gun possession by some criminals. But that didn’t stop Troy Giatras, a lawyer representing the losing criminal defendant, from decrying the most…

Feb 25, 2009 2:46 PM CST

Ginsburg Was First Questioner in Two Supreme Court Arguments Yesterday

The first justice to ask questions in Supreme Court oral arguments yesterday was Ruth Bader Ginsburg, who was back on the bench less than three weeks after cancer surgery. Ginsburg asked “crisp and vigorous questions” in the two cases, the New York Times reports. One case involved an Indian tribe’s…

Feb 24, 2009 3:43 PM CST

Appeals Court Tosses Malpractice Verdict Against Seyfarth Shaw

A California appeals court has overturned a malpractice judgment against Seyfarth Shaw that was won by a fitness instructor who sued the firm over a missed deadline. The Court of Appeal said a judge had erred in rulings on behalf of the plaintiff, Tae Bo promoter Billy Blanks, according to…

Feb 23, 2009 8:04 PM CST