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High Court to Consider Suppression Case
Breaking Legal News | 2008/02/19 09:09
The Supreme Court agreed Tuesday to consider whether evidence must be suppressed when authorities base an arrest on incorrect information from police files. The Coffee County, Ala., sheriff's department took Bennie Dean Herring into custody after being told by another county he was wanted for failing to appear in court on a felony charge.

In a subsequent search, the sheriff's department found methamphetamine in Herring's pockets and an unloaded gun under the front seat of his truck.

It turned out that the warrant for Herring's arrest had been recalled five months earlier.

Herring was sentenced to 27 months in prison after a jury convicted him on federal drug and gun charges.

Courts have ruled that as a deterrent to police misconduct, the fruits of an unlawful search and seizure may be excluded from evidence.

The 11th U.S. Circuit Court of Appeals in Atlanta said that suppressing evidence in Herring's case would be unlikely to deter sloppy record keeping.

The cost of suppressing the evidence, the appeals court said, would fall on the county that arrested Herring, not on the county that was negligent in its record keeping.



Court Allows Montana Suit Vs. Wyoming
Law Center | 2008/02/19 09:09
The Supreme Court on Tuesday allowed Montana to file a lawsuit against Wyoming over water rights in two rivers that flow through both states.

Montana wants the court to rule that Wyoming is using too much water from the Tongue and Powder Rivers, while Montana residents are not getting enough water in some dry years.

Disputes between states often are decided by the Supreme Court.

The disagreement is over the Yellowstone River Compact, an agreement the states and North Dakota signed in 1950 spelling out how to share water.

Montana argues the compact should require Wyoming to limit water use — including from groundwater pumping. Montana argues that coal-bed methane production in Wyoming, which requires pumping huge quantities of groundwater, makes the situation worse.

Wyoming says in response that Montana has failed to show it has been harmed by Wyoming's water use, which is in line with the 1950 agreement.



Fidel Castro retires as president of Cuba
International | 2008/02/19 08:56

For the first time in nearly half a century, Fidel Castro has stepped down as president of Cuba. The announcement caps a year and a half of limbo and speculation since Mr. Castro fell ill and temporarily ceded power to his younger brother, Raúl Castro.
"I will not aspire to nor accept – I repeat, I will not aspire to nor accept – the post of President of the Council of State and Commander in Chief," read a letter that appeared early Tuesday morning in the Community Party daily Granma.

It is a pivotal moment in the island nation's history. Castro rose to power on New Year's Day in 1959, and quickly became a nemesis of the United States as he turned Cuba into a communist country. Throughout the cold war – and since – US presidents have attempted to topple him with no success. Many Cubans have no memory of anyone other than Castro as the head of state. Even when he handed temporary power to his brother in July 2006, there was an expectation that he would return.



Justices Turn Aside Flood Insurance Plea
Insurance | 2008/02/19 05:12
The Supreme Court refused Tuesday to offer help to Hurricane Katrina victims who want their insurance companies to pay for flood damage to their homes and businesses.

The justices rejected appeals from Xavier University and 68 other individuals and businesses seeking to allow their lawsuits against the insurers to go forward.

Xavier asked the court to step in after the 5th U.S. Circuit Court of Appeals ruled that the policies did not cover damage from floods, even those that resulted from man-made failures such as the collapsed levees in New Orleans.

Other cases working their way through state courts have so far reached differing conclusions. A Louisiana appeals court has said that language excluding water damage from some insurance policies was ambiguous. The Louisiana Supreme Court will hear arguments in that case on Feb. 26.

Xavier and the other plaintiffs had asked the federal court to allow the state Supreme Court to rule on their suits as well. The 5th Circuit refused and the U.S. high court upheld that ruling on Tuesday.



Court turns away Ford appeal in tax case
Elite Lawyers | 2008/02/19 05:11

The Supreme Court on Tuesday turned away, without comment, an appeal by Ford Motor Co. in a tax dispute with the cities of Seattle and Tacoma.

The court's action means the Dearborn, Mich.-based automaker won't be able to recover the $1.7 million in taxes it paid the two cities after they audited the company and assessed it for back taxes in 2003.

While the financial stakes are small, several business groups urged the court to take the case because they argued that more and more localities are imposing the type of tax at issue. Seattle and Tacoma impose a 'business activity' tax on a company's gross receipts from wholesale sales.

'Without the Court's guidance, businesses will be subject to an increasing number of unapportioned business taxes, resulting in multiple taxes' in different jurisdictions, the U.S. Chamber of Commerce, National Association of Manufacturers and other groups said.

Lawyers for the cities said the tax is neither an income tax nor sales tax but a tax on 'the privilege of doing business' in their jurisdictions. They also said in court papers that the tax has been in existence for decades and its use hasn't significantly spread.

Seattle and Tacoma assess their business activity taxes on 100 percent of the gross receipts Ford receives from wholesale sales of cars to Ford dealers in the two cities.

But the automaker argued in court papers that much of its wholesale activity, such as invoicing and transfer of ownership, takes place outside Washington state. As a result, it should pay taxes on only a portion of its receipts, the company said.

The Supreme Court's refusal to consider the case lets stand a ruling by the Washington state Supreme Court in favor of the cities.



Court Won't Hear Ex-Ala. Coaches' Appeal
Court Watch | 2008/02/19 05:07
The Supreme Court declined Tuesday to hear an appeal from two former Alabama assistant football coaches who lost their jobs following an NCAA investigation of the Crimson Tide's football program.

The justices rejected the case of Ronnie Cottrell and Ivy Williams without comment.

Cottrell and Williams sued the NCAA and recruiting analyst Tom Culpepper for defamation, claiming they were unable to find comparable employment following the NCAA's investigation of Alabama. The football program was placed on probation and received other sanctions for rules violations.

Cottrell won a $30 million judgment against Culpepper, but the trial judge threw out the verdict and ordered a new trial. The Alabama Supreme Court upheld that ruling, as well as others that eliminated Williams as a plaintiff and the NCAA as a defendant.

Cottrell still is entitled to a new trial, but could find it harder to prove his claims under the Alabama high court ruling.



Court Rejects ACLU Challenge to Wiretaps
Political and Legal | 2008/02/19 04:07
The Supreme Court has rejected a challenge to the Bush administration's domestic spying program.

The justices' decision Tuesday includes no comment explaining why they turned down the appeal from the American Civil Liberties Union.

The ACLU wanted the court to allow a lawsuit by the group and individuals over the warrantless wiretapping program. An appeals court dismissed the suit because the plaintiffs cannot prove their communications have been monitored.

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.



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