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Court Shows It Is Serious About Appellate Procedure
Opinions |
2011/06/10 23:42
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On June 8, 2011, the Indiana Court of Appeals demonstrated it is serious about enforcing the Rules of Appellate Procedure in Garrard v. Teibel, Cause No. 45A04-1003-PL-229, a memorandum decision, uncitable as authority under App. R. 65(D). In this case, a pro se appellant failed to include any statement of the case after 2007 (although summary judgment proceedings occurred in 2009) and failed to include any of the designated evidence from the summary judgment proceedings in his appendix. The Court found that the pro se appellant had waived all arguments on appeal and affirmed the trial court's order.
Lessons:
1.Although the Court cuts people a lot of slack in the form and content of their brief, its generosity has bounds.
Brad A. Catlin
Price Waicukauski amp; Riley, LLC |
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US appeals court overturns release of detainee
Court Watch |
2011/06/10 11:42
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A Yemeni detainee ordered to be freed from Guantanamo Bay has to stay now that a U.S. appeals court has overturned his release.
The U.S Court of Appeals in Washington says circumstantial evidence of terrorist ties can be enough to keep a prisoner like Hussain Salem Mohammad Almerfedi at the U.S. naval prison in Cuba.
Almerfedi was captured in Iran after the Sept. 11, 2001 attacks and eventually transferred to U.S. authorities through Afghanistan. Government attorneys argue he was staying at an al-Qaida-affiliated guesthouse, based on the testimony of another Guantanamo detainee. Almerfedi denied it, and a lower court judge found the testimony against him unreliable and ordered him released.
But the appeals court said the judge erred in finding the testimony unreliable and found it was likely Almerfedi was part of al-Qaida. |
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Lawyer: Baseline Killer suspect a 'ravenous wolf'
Court Watch |
2011/06/07 09:15
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Graphic images of dead people flashed across courtroom televisions as the victims' families looked on, weeping and consoling one another. Some had to leave to collect themselves.
For the first time since the nine victims were killed in 2005 and 2006, the man accused of the crimes is on trial for murder. The prosecution and defense delivered their dramatic opening statements Monday in the trial against Mark Goudeau, who is accused of being the so-called Baseline Killer.
Goudeau, 46, is also accused of dozens of other crimes, including rape and child molestation. His trial is expected to last nine months, with testimony resuming Tuesday.
Goudeau has pleaded not guilty. If convicted of murder, he could face the death penalty.
Prosecutor Suzanne Cohen told jurors that Goudeau was driven by a hunger to rape, and the victims who didn't cooperate were shot point-blank in the head.
Beware of the predator that comes to you wrapped in sheep's clothing because he is a ravenous wolf, Cohen said. Mark Goudeau is that ravenous wolf, and you shall know him by his deeds.
Cohen said the only thing that matched his hunger to rape was his determination to not get caught and not be sitting in this chair.
Those innocents did nothing wrong but cross his path while he was hunting, she said.
In his opening statement, defense attorney Randall Craig said there was a serious lack of DNA evidence in the case, and he questioned the integrity of the investigation. |
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Court: No shield law for message boards posters
Topics |
2011/06/07 09:15
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The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists.
The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.
The case involved a New Jersey-based software company named Too Much Media. It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.
Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.
New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law. |
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Senate confirms Obama lawyer as solicitor general
Law Center |
2011/06/07 09:15
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The Senate has confirmed White House lawyer Donald Verrilli Jr. to succeed Justice Elena Kagan as U.S. solicitor general.
With the 72-16 vote, Verrilli will fill a post that has been vacant since the Senate voted Kagan to her Supreme Court seat last August. The solicitor general represents the executive branch of government before the Supreme Court.
President Barack Obama named Verrilli as Kagan's successor last January. A month ago, the Senate Judiciary Committee approved the nominee by a 17-1 vote.
Verilli has most recently served as a deputy counsel to Obama. He previously worked at the Justice Department as an associate deputy attorney general. |
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Loughner lawyer says she can't provide discovery
Headline News |
2011/06/06 09:15
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The Tucson shooting rampage suspect's lawyer says she's unable to provide discovery requested by prosecutors until her client is declared competent to stand trial.
In a Monday filing, defense attorney Judy Clark says the court's finding that Jared Lee Loughner is incompetent to stand trial makes it clear that she cannot have rational or meaningful communication with him.
She says she also cannot consult with him about any possible defenses or evidence that may be presented at trial until he is declared competent.
Judge Larry Burns ruled last month that Loughner is mentally unfit to assist his lawyers or understand the charges he faces.
Loughner has pleaded not guilty to charges stemming from the Jan. 8 Tucson mass shooting that killed six and injured 13, including Rep. Gabrielle Giffords. |
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