Friday, October 5, 2018
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email atDReal@Creighton.edu or a message on Twitter (@Daniel_L_Real).
Supreme Court Opinions and News:
New term opened on Monday. National Law Journal had a preview of the upcoming term, including a preview of cases about age discrimination, the death penalty, the First Amendment, and preemption. Read the preview HERE.
Empirical SCOTUS has a statistical breakdown of issues that will be tackled during the upcoming term HERE.
Transcript from the first oral argument of the term, in Weyerhauser Co. v. U.S. Fish and Wildlife Serv., et. al. is available HERE.
On Tuesday, the Court heard a case involving competency in capital cases. The question posed concerns whether it would violate the Constitution to execute a man convicted of a murder more than 30 years ago when he has suffered several strokes, has experienced significant brain damage and dementia, and has no memory of his crime. See SCOTUSblog’s preview HERE and transcript of argument HERE.
Kavanaugh Confirmation News:
The confirmation battle over Judge Brett Kavanaugh continued to make headlines all week, with an FBI investigation, demonstrations and protests, op-ed pieces, and Twitter debates. Retired Justice John Paul Stevens weighed in with his opinion that Kavanaugh should not be confirmed, citing Kavanaugh's testimony during the Senate hearing as evidence that he would be unable to effectively do the job. The Senate has scheduled an initial vote for Friday morning, and as of this posting all indications are that the vote is too close to call.
State Appellate Court Opinions and News:
Oregon is one of only two states that allow for split verdicts in most felony cases. The Oregon Court of Appeals heard a case challenging non-unanimous verdicts after two non-unanimous verdicts have been overturned in the past year. NPR Morning Edition had a segment on this HERE.
Appellate Job Openings:
Washington Court of Appeals, Division I, opening for judicial clerkships for the 2019-2021 terms: More details HERE.