Category: Appeals

Supremes Punt, but Stevens AND Scalia Agree: It’s Time to Clarify whether Feds Can Still Prosecute Old Civil Rights Crimes

While the boys were still alive, they were chained to the engine block of an old Jeep, and to pieces of railroad track. Then the Klansmen dumped the boys in the river, where they drowned. One of the Klansmen later reported that Seale “would have shot them first, but didn’t want to get blood all over the boat.”

The boys were killed because they were black, and because Seale thought they might have been civil-rights workers.

Dersh Being Disingenuous

We love Alan Dershowitz. And we love Justice Scalia. So at first we were intrigued to hear that Dersh had challenged Scalia to a debate over his recent dissent in Davis. (See our post on it here.) But it turns out that Dersh is just being disingenuous. Pity. Quick recap:...

Wow! Supreme Court Puts Actual Innocence in Play

  The Supreme Court did something today it hasn’t done for generations — it took an “original writ” of habeas corpus (a request made directly to the Supreme Court itself, instead of first filing it in a lower court), and then it ordered a federal District Court to hold a...

5 Tips for a Killer Appellate Brief

We’ve seen too many appellate briefs that suck. They’re too hard to follow, demand too much effort to figure out, and give clerks and judges every reason to stop paying attention. There’s no excuse for such bad writing. There are tons of books and treatises out there on how to...