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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
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CA1: Alien smuggling case has something for everyone
Posted on June 23, 2008USA v. Hilario-Hilario et al, Nos. No. 06-1007, 06-1009, 06-1010, 06-1011, 06-1013 (6/20/08). This is an alien smuggling case. The tone of the opinion seems to indicate that at least one judge on the First thinks that the government did...
Programming note
Posted on June 20, 2008Three opinions from the First, which I will get to this weekend 06-1007, 06-1009, 06-1010, 06-1011, & 06-1013 USA v. Hilario-Hilario et al (USDC PR 04-00405 Garcia Gregory, USDJ) (alien smuggling and sentencing) 07-1602 & 07-1603, Warren Freedenfeld Associates v...
NDAA: No presumption of innocence if prosecutor presents any evidence
Posted on June 20, 2008The National District Attorneys Association seems to be particularly riled up about judges prohibiting the use of certain conclusory legal terms in testimony. Tresa Baldas of the National Law Journal gives them a platform to peddle their silly political lines...
CA1: Circuit split on comparable grounds
Posted on June 18, 2008Gonzalez-Mesias v. Mukasey, No. 07-2346. This is an immigration case on a fairly narrow question of law. This issue comes down to whether sodomy in Virginia, under Va. Code § 18.2-67.1 is a crime of violence. In the Second Circuit,...
CA1: Journalists prevail on Fourth (but not First) Amendment claims
Posted on June 18, 2008Asociacion de Period v. Mueller, No. 07-2196. At long last, the First issues an opinion in a big First Amendment case. Essentially some FBI agents were not too happy about press coverage of some raid they were conducting, and allegedly...
CA1: ERISA preemption and removal ? a very sexy dance
Posted on June 18, 2008Negron-Fuentes v. UPS SCS, No. 07-2463. This is a sad, but fun case. The plaintiff took short term disability leave from UPS to be treated for a brain tumor. When he visited UPS, as he was recovering, the folks there...
CA1: Duck trademark fight leaves several annoyed
Posted on June 18, 2008Boston Duck Tours v. Super Duck Tours, 07-2078. Did I mention that Intellectual Property is the one field of law I have no patience for. It is all so sill and the people that practice it think that they are...
Second Circuit en banc fight
Posted on June 17, 2008Wait a Second contains an interesting post about ?a catfight over whether to hear a case en banc? in the Second Circuit. You should already be aware of this. ... and in the ?Stupid Law School Tricks? category, Legal Blog...
CA1: Indonesian not really that oppressed
Posted on June 17, 2008Sombah v. Mukasey, No. 07-1481 denies a petition for review of a asylum/CAT claim of an Indonesian Christian. (The CAT claims are waived.) The IJ said that the harassment was a ?private? matter, and the BIA concluded that they were...
CA1: not quite telling the truth about working for Walmart
Posted on June 17, 2008US v. Riccio, No. 07-2604. The defendant working for the TSA, and needed a security clearance. He filled out a SF-86. But, it turns out he neglected to state on it that he had worked at Walmart before (understandable, since...
David Iglesias (one of the fired US Attorneys) on the Daily Show
Posted on June 17, 2008Hypes his book here. Quite interesting and blunt.
CA1: false start on law of bankruptcy intervention in professional malpractice cases
Posted on June 16, 2008Costa v. Notinger, No. 07-1898 (unpublished). This is a great bankruptcy procedure case that seems to be buried. This case began as a Chapter 11 bankruptcy case. The debtors hired Marotta Gund Budd & Dzera, LLC (a ?crisis management firm?)....
Open letter to Mr. R. Kelly
Posted on June 14, 2008Dear Mr. Kelly: By the way, can I call you ?R?? Sort of like a Pirate. You know, ?Arrghh.. "? That sounds much cooler. Anyway, I am glad that things worked out for you in your trial. It was touch...
CA1: nothing wrong with rejecting a guilty plea or showing the indictment
Posted on June 13, 2008US v. Skerret-Ortega, No. 06-1126. The defendant, in this case, argues that his attempts to plead guilty were improperly rejected. The First says that because the District Court didn?t really have the facts necessary to support a conviction, and his....
CA1: Fratboys win IIED lawsuit
Posted on June 13, 2008Fiacco v. Sigma Alpha Epsilon Fraternity, No. 07-1695. The plaintiff in this case worked for the University of Maine in charge of the ?Office of Community Standards.? He was investigating this frat. The frat decided to investigate him back, and...
CA1: No minimum contacts in eye doctor case
Posted on June 12, 2008Phillips v. Prairie Eye Center, No. 07-2469 holds that the defendant didn?t have minimum contacts with Massachusetts to support specific jurisdiction. The First rejects the idea that because the plaintiff (a person claiming breach of an employment contract) received some...
CA1: A Terry stop of a parked car and slumped passenger
Posted on June 12, 2008US v. Ruidiaz, No. 07-1988. This is a felon-in-possession case, but it is really an appeal of a suppression motion. After a shooting and an ?anonymous? 911 call (the caller said that the cops could call back), officers found the...
I support Kozinski
Posted on June 12, 2008I don?t know how much my support means, but here is why I support the Ezrider. First of all, there is no indication that any of his internet activities (i.e. the images) were illegal, at least as far as normal...
CA1: another Indonesia Christian not oppressed
Posted on June 11, 2008Santosa v. Mukasey, No. 07-2016. This opinion denies the asylum petition of another Indonesia Christian. This one with Chinese ancestry. The First says that he really didn?t establish persecution. A due process claim is rejected.
CA1: Indonesian Christian not oppressed
Posted on June 11, 2008Kamuh v. MuKasey, No. 07-1639 (unpublished) denies a petition for review of an asylum petition. The petitioner is an Seventh Day Adventist from Indonesia. Most of the incidents that the petitioner pointed to establish persecution seemed to involve private citizens,...
CA1: An interesting Kimbrough remand
Posted on June 11, 2008US v. Boardman, No. 07-1030 vacates a sentence for conspiracy to distribute heroin under 21 U.S.C. § 846 (2000) which was enhanced because of two burglaries. The District Court held that under United States v. Fiore, 983 F.2d 1 (1st...
CA1: Anders on supervised release
Posted on June 11, 2008US v. Carrera-Gonzalez, No. 07-2141 (unpublished). This is an Anders brief-type appeal of revocation of supervised release. The defendant seems to have argued that there was an agreement as to a specific sentence that wasn?t there.
CA1: Marriage fraud conviction affirmed
Posted on June 11, 2008US v. Karim, No. 07-1210 (unpublished) affirms a conviction for conspiracy to commit marriage fraud, in violation of 18 U.S.C. § 371 over a sufficiency challenge. The facts are strange, but it seems like the defendant got an ex-girlfriend to...
CA1: Oprah wins
Posted on June 11, 2008Tracy v. Winfrey, No. 07-1630 (unpublished). Okay, someone sued Oprah for copyright infringement. I don?t really know the facts, but there seems to be a claim that Oprah didn?t return some material. The court dismissed on a 12(b)(6). Then Tracy...
Kozinski presiding over ?obscenity? prosecution
Posted on June 11, 2008As most of you know, the DOJ?s biggest problem is too much money and not enough places to put it. Apparently, they store their budget in a large Rubbermaid tub filled with cash. This used to be a good idea,...
More people climb aboard the prosecutorial silliness train
Posted on June 11, 2008CrimProfBlog points to a story in which prosecutors are whining about how there is a ?trend? of judges not letting ?victims? say the word ?rape.? I tried to comment, but it wasn?t deemed worthy. Unfortunately, when they get in front...
CA1: at sentencing, pro se brief picks up obvious error
Posted on June 10, 2008US v. Garcia-Ortiz, No. 06-1923. Wow. ?José A. García-Ortiz ("García") was convicted of intentionally obstructing and delaying commerce by robbery, armed robbery, and first degree murder under 18 U.S.C. §§ 2, 1951(b) (Hobbs Act), 924(c)(1), and 924(j)...
CA1: a fun insurance coverage case ending in certification
Posted on June 10, 2008Boston Gas Company v. Century Indemnity, No. 07-1452. Certification order. This is a really fun insurance coverage case. I don?t really have time to go into details, but take a look. Before getting to the fun insurance stuff, let?s talk...
Connecticut Supreme Court makes news
Posted on June 09, 2008In the Onion. Connecticut, at the moment, has a statutory form of "civil union." There is a pending case, Kerrigan and Mock v. Department of Public Health, regarding whether equal protection requires an identical form of "marriage."
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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 ...
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Acute perpendicular parking #NYPD #NYFD
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Parallel parking gone bad. Too much gas UES NYC
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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
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Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
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Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
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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 ...
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