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Litigation

: How Appealing

"New arguments ordered in 9/11 conspirator's case"

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"New arguments ordered in 9/11 conspirator's case": The Associated Press has a report that begins, "A federal appeals court in Richmond has ordered new arguments in the case of Sept. 11 conspirator Zacharias Moussaoui."

The article goes on to say that the retirement of former Fourth Circuit Chief Judge Karen J. Williams last week necessitated the reargument.

You can access today's order of the U.S. Court of Appeals for the Fourth Circuit at this link.

The reargument order suggests that the remaining two judges on the panel may be divided over how to resolve one or more of the issues presented in the appeal. The two other judges on the panel are Circuit Judge William B. Traxler, Jr. -- who became the Fourth Circuit's Chief Judge when Chief Judge Williams retired -- and Circuit Judge Roger L. Gregory. If the remaining two judges on the panel were not divided, they could issue an opinion without reargument or having another judge assigned to the panel, as evidenced by this two-judge panel ruling that the Fourth Circuit issued yesterday in another case in which former Chief Judge Williams had originally been on the panel.

You can access the redacted transcript of the original appellate oral argument, which occurred in January 2009, at this link.

Full post as published by How Appealing on July 14, 2009 (boomark / email).

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