Last Week in Federal Appeals (No. 24)
Last Week in Federal Appeals (No. 24)
Appellate decisions from the weeks of November 15-19 and 22-26, 2021
“Judicial records are open to the public, and for good reason—access to judicial proceedings is crucial to our tradition and history, as well as to continued public confidence in our system of justice. This Circuit has been resolute in our enforcement of that presumption of public access.”
~Judge Grant, Callahan v. United Network for Organ Sharing
I hope everyone had a wonderful Thanksgiving! This newsletter covers both the shortened Thanksgiving week and the week before that.
Decision Summaries:
Third Circuit
United States v. Johnson
The Third Circuit reversed a defendant’s conviction for making a false statement, finding that his statements were not material. The defendant had “developed an unusual fascination with the allegations of sexual assault against entertainer Bill Cosby” and filed a fake document on the civil docket of one of the lawsuits against him. The panel held that, although the defendant’s behavior “wasted public time and resources and distracted court officials,” the government failed to prove that the filing could actually influence a judicial decision.
Sixth Circuit
Kowall v. Benson
The Sixth Circuit rejected a challenge to a Michigan law establishing term limits for state legislatures. The panel rejected claims that the limits violated candidates’ and voters’ rights to freedom of association and ballot access.
Ninth Circuit
Munoz v. Smith
The Ninth Circuit held that a defendant could not challenge in habeas a lifetime supervision requirement imposed as part of a Nevada criminal conviction. Even though the petitioner had to submit to electronic monitoring, pay $30 per month, and have his residences approved by a parole officer, the panel held these requirements did not “severely and immediately restrain” his liberty. Thus, the panel explained, the petitioner was not in custody for habeas purposes.
Perry v. Hollingsworth
In an odd follow-up to the litigation over California’s Proposition 8 (which banned same-sex marriage), the Ninth Circuit held that the proponents lacked standing to block the release of a video recording of the trial. It did so even though the trial judge who originally heard the case purportedly assured the litigants that it would not be released.
Eleventh Circuit
Callahan v. United Network for Organ Sharing
The Eleventh Circuit refused to block the release of certain embarrassing communications that had been attached to various district court briefs. The panel emphasized the importance of publics access to judicial records and refused to depart from its presumption of public access.
State Decisions of Interest:
The South Dakota Supreme Court struck down a voter-passed amendment to the state constitution that would have legalized recreational marijuana use. The Court held, 4-1, that the law violated the state’s rule that amendments can deal with only one topic.
Any opinions expressed here are my own. This article is not legal advice; if you have a legal issue, you should consult an attorney.
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