Eric Volz Freed. Following a thirty-year sentence and a later appeal, Eric Volz was set free by a Nicaraguan court. As discussed in The Blue previously. His family's statement.
posted by John of Michigan on Dec 23, 2007 - 10 comments

Proposed Federal Rule of Appellate Procedure 32.1. Proposed Rule 32.1 [.pdf] is an attempt to resolve a dispute in federal court practice over the propriety of citations to unpublished opinions. It is an argument that has been played out in academic papers and Circuit Courts. Judge Richard Arnold of the 8th Circuit, writing for the majority, held that local rules which declare that unpublished opinions are not precedent are unconstitutional under Article III. Anastasoff v. United States, 223 F.3d 898, 900(8th Cir. 2000), vacated as moot on reh'g en banc, 235 F.3d 1054 (8th Cir.2000). Judge Alex Kozinski of the 9th Circuit disagreed, holding that nonprecedential decisions are not inconsistent with the exercise of the judicial power. Hart v. Massanari, 226 F.3d 1155, 1163 (9th Cir. 2001). The proposed Rule would resolve the circuit split, but the debate rages on.
posted by dios on Feb 13, 2006 - 18 comments

Michael Newdow is probably smiling today. The U.S. 9th Circuit Court of Appeals has refused to reconsider last June's ruling finding the Pledge of Allegiance to be unconstitutional.
posted by mrbula on Feb 28, 2003 - 12 comments

"If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong. ... The parties are advised to chill." (PDF file) The U.S. Court of Appeals for the Ninth Circuit is at it again. Aqua's hit song "Barbie Girl" is judged not to be a violation of Mattel's trademark, but to be a parody protected by free speech. And all laboured judgely joshing aside, the decision offers a nice summary of trademark law. Get a plain HTML news story from CNN here. (The chorus is running through your brain now, right? And it's going to be there all day, too. *snicker*)
posted by maudlin on Jul 25, 2002 - 5 comments