(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law and Practice 
Daily summaries of appellate cases from federal circuit courts of appeal. On the weekends, the blog provides appellate practice tips and book reviews.
Post Frequency: 1.8/day Last Entry: December 10, 2008 at 16:15:09 Recent Entries: 612
Go to Appellate Law and Practice, find other Appellate Law blogs, or browse all law blogs.
Another reason why a right to a jury trial matters
Posted on September 17, 2008Injustice Anywhere makes a point about the right to a jury trial. It is possible to argue the law to the jury. Now, why does this matter? When children of the poor are arrested because they are not at their...
CA1: so that is what an appeal waiver means
Posted on September 17, 2008US v. Pimentel, Nos. No. 06-2432, 06-2616 (unpublished). The First sayeth:Where, as here, a defendant agrees to waive his right to appeal but then appeals and does not address the appeal waiver in his appellate brief, "he forfeits any right...
CA1: switching horses on habeas
Posted on September 17, 2008Stroyny v. Hall, No. 07-1825 (unpublished) rejects a an IAC habeas claim. The First seems to say that his theory as to why defense counsel?s opening argument was ineffective conflicts with the argument as to culpability adduced on appeal.
CA1: Allen charges, Kimbrough remands, and interstate travel to meet minors
Posted on September 17, 2008US v. Vanvliet, No. 07-1578, is an appeal of a conviction for under 18 U.S.C. § 2423(b) for ?interstate travel with the intent to engage in an illicit sexual act.? I swear, these pervs are totally not romantic. Meeting a...
CA1: First does a little too much in resolving BAPCPA appellate procedural question
Posted on September 17, 2008In re Linda Lynn Weaver, No. 08-8046. ?The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), Pub. L. No. 109-8, 119 Stat. 23, 202-03. That statute permits direct appeals to the court of appeals, with that court's permission,...
Scalia?s usual nonsense about law schools and Joe Six-Pack
Posted on September 17, 2008Justice Scalia (whom I tend to agree with on a number of issues), bemoans that there are too many ?liberal? classes at the University of Chicago. He makes some good points, but a few of them are hypocritical and stupid....
What do abortion and guns have in common besides being a lot of fun?
Posted on September 16, 2008Give up? Judge Wilkinson whines about how lawyers for the government couldn?t convince the court to let them ban either of them. Tnx Legal Theory Blog. Seriously folks, just give it up. The rights to hold a gun and name...
Odds and Ends
Posted on September 15, 2008Cleaning out the Bloglines ?Keep New? list here. Kennedy isn?t what you think it is. CaafLog probably can be credited with having started the whole ?The Supremes Counted Noses wrong in Kennedy thing? has a post which explains the view...
Appellate Politics and qualified immunity: The 11th shows its stupidity in hiding its activism
Posted on September 13, 2008A number of blogs are buzzing about Buckley v. Haddock, an unpublished decision from the Eleventh Circuit. In this case, some cop handcuffed and tased the shit out of some guy on the side of the road. The Eleventh splits...
CA1: Massachusetts law on custody means that aggravated felon is a citizen and gets to stay
Posted on September 12, 2008Pina v. Mukasey, No. 07-2311. This is an actual legal issue involving immigration. The issue comes down to whether someone is a citizen under the Child Citizenship Act of 2000 (?CCA?), 8 U.S.C. § 1431. The guy later committed an...
CA1: Drama at Dartmouth?s drama department
Posted on September 12, 2008Sabinson v. Trustees of Dartmouth College, No. 08-1043. Academics are generally paid less than lawyers. Therefore, they fight more. And harder. And more drama. This case is cast under Title VII, 42 U.S.C. § 2000e (2000) et seq., and under...
CA1: Pakistani Shi'ite petition denied because of failure to substantiate Canadian petition
Posted on September 11, 2008Khan v. Mukasey, No. 08-1135 (9/10/08) denies the petition of a Pakistani Shi'ite. He says that Sunnis were harassing him or something. He came to the US, but 9/11, he decided that the US wasn?t the best place to seek...
Programming Note.
Posted on September 10, 2008There are two immigration petition denials today. But I am going wait until I get home to digest them with some fava beans and a nice chianti.* *I know I am living on the edge by doing this, however, there...
CA1: Claim preclusion in ERISA suit
Posted on September 10, 2008Herman v. Meiselman, No. 07-2753 affirms the dismissal of an ERISA lawsuit on claim preclusion grounds. The First says that the current group of claims are pretty much the same as the cross-claims in the earlier lawsuit. (?The factual basis...
CA1: kiddy convictions a career offender make
Posted on September 10, 2008US v. Torres, No. 07-2331 affirms the sentencing of a guy challenging whether he is a career offender. Essentially he committed a crime at 17, but was convicted at 20. In seeking to put him away, the government was able...
CA1: another Puerto Rico drug case
Posted on September 08, 2008US v. Malpica-Garcia, Nos. 05-2492, 05-2493. This case begins by telling us everything we ever wanted to know about drug dealing in Puerto Rico. A defendant raises a sufficiency claim to a conspiracy charge. What is interesting about this is...
CA1: Stock option expert okay
Posted on September 08, 2008First Marblehead v. House, No. 07-2789 affirms a jury verdict in an employee stock option case. The First time the case was at the First was here: First Marblehead Corp. v. House, 473 F.3d 1 (1st Cir. 2006) (our coverage...
A glimpse into a 24-hour curfew town in Arkansas
Posted on September 08, 2008Just thought you guys would like to know what it looks like to live in a town with a twenty-four hour curfew, where the police are stopping all the poor people. More story here. Earlier coverage here. The key phrase...
First Circuit Audio Files
Posted on September 05, 2008I thought everyone knew this, but the First Circuit has its oral argument audio files online. Tnx. PRACDL.
CA1: an ambiguous green light to prosecutorial (mis?)-conduct in state courts
Posted on September 04, 2008Raposa v. Bissonnette, No. 07-2061 (unpublished) affirms a denial a petition for a habeas writ for reasons I don?t understand where the petitioner alleged ?, that the prosecutor's summation violated Raposa's due process rights, as did aspects of the prosecutor's...
CA1: First says suggestive lineup was okay
Posted on September 04, 2008US v. Garcia-Alvarez, Nos. 07-1471, 07-1697 affirms as carjacking conviction. Anyway, there are some pretty discrete legal issues. First, there seems to be no dispute that there is evidence that the defendant was making a call from somewhere other than...
CA1: defective IFP Applications toll statutes of limitations
Posted on September 03, 2008McGill v. U.S. Express, No. 08-1101 (unpublished) remands a case which was dismissed on statute of limitations grounds. It seems that the statute of limitations ended during the period in which the plaintiff was trying to perfect her in forma...
Why partners are probably lying
Posted on September 03, 2008C&F points to a very stupid discussion in which some lawyers claim that associates should pay firms to ?learn? the law. C&F points out that if associates were so darn unprofitable, the large firms would, indeed, open their books and...
Military Justice and Art. I Court news
Posted on September 02, 2008Two items of note. One is from the Onion. The Onion Reports that:A Pentagon spokesman said that Delacroix's cause of death?sniper fire while attempting to save an injured Iraqi boy?will be changed to AIDS in the official record.And speaking of...
Law review note topic: All lies are not created equal according to St. Augustine
Posted on September 01, 2008Since some of my readers are looking for law review article or note topics, I figured I would throw this out there. Some time ago, I covered the ?legal ethical? issue of lying here and here and here, Now here...
Today's prosecutorial whining about the BS CSI effect
Posted on September 01, 2008CrimProfBlog points to this story in which Miami prosecutor Michael Von Zamft tries to justify his failure to obtain a conviction by blaming the jurors. Other prosecutors would have either admitted their incompetence, or say simply that the jury spoke...
CA1: a bad, unpublished case on tax evasion and privileged materials
Posted on August 30, 2008US v. Schussel, No. 07-2095 (8/29/08) (unpublished). Again, why the hell was this unpublished. This is freakin? major case in criminal and tax practice. What the hell is the First thinking? Are they trying to hide something? Or are they...
CA1: plain meaning of 4A1.1 ?
Posted on August 29, 2008US v. Hernandez, No. 07-1828. Selya begins this opinion with a bunch of nonsense: ?oddly placed transitional expression in an application note and the ingenuity of able counsel combine to give us momentary pause, we conclude that the guideline provision...
Ali G and Richard Thornburgh on analytic jurisprudence
Posted on August 29, 2008Ali G and Dick Thornburg have a rather deep conversation about analytic jurisprudence, which is more informative than most public statements made by lawyers to the public these days. He also discusses private ordering and the death penalty, and Thornburgh...
CA1: First disses brief
Posted on August 29, 2008Kurniawan v. Mukasey, No. 07-2421 (8/28/08) (unpublished). This denies the petition fore review of an Indonesian Muslim that converted to Christianity. The First writes:He argues that the persecution he suffered in Indonesia, in conjunction with the 2005 Country Report on...
Previous | Next
Standards of Practice in Civil Protection Order Cases
The American Bar Association has recently published its new Standa...
WHAT'S THE POOP WITH THE APPELLATE TERM?
In 565 Tenant’s Corp. v. Adams, a cooperative shareholder fa...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material � 1999-2011 by USLaw.com. |