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NY court: Police need warrants for GPS trackers
Breaking Legal News | 2009/05/13 08:30

New York's top court ruled Tuesday that police cannot place GPS trackers on suspects' vehicles without first getting a court warrant showing probable cause that the drivers are up to no good.

The Court of Appeals split 4-3 on the issue, with the majority saying the tracker that state police planted on Scott Weaver's van for 65 days starting in 2005 violated his constitutional protections against unreasonable searches.

The ruling overturned both the trial court and a midlevel appeals court. Weaver has been free on bail.

"The massive invasion of privacy entailed by the prolonged use of the GPS device was inconsistent with even the slightest reasonable expectation of privacy," Chief Judge Jonathan Lippman wrote.

Judges Carmen Beauchamp Ciparick, Eugene Pigott Jr. and Theodore Jones Jr. agreed.
They rejected the argument that the satellite tracking device was essentially the same as common police surveillance of vehicles.



Court says gunmaker can't be sued over LA rampage
Breaking Legal News | 2009/05/12 09:24

An appeals court has rejected a lawsuit against a gunmaker over a 1999 shooting rampage at a San Fernando Valley Jewish center.

The U.S. 9th Circuit Court of Appeals in Los Angeles ruled Monday that a federal law shielding gunmakers from suits over criminal use of their products was constitutional.

White supremacist Buford Furrow wounded five people, including three children, at a Jewish community center in Granada Hills. He later killed a postal carrier.

Furrow pleaded guilty and got life in prison.

Relatives of victims sued Georgia-based Glock Inc., RSR Wholesale Guns Seattle and a Chinese manufacturer. Monday's ruling said Glock and the Seattle dealer were immune. The case against China North Industries Corp. can proceed.



Court hears appeal by DC sniper mastermind
Court Watch | 2009/05/12 09:22
A lawyer for John Allen Muhammad says the sniper mastermind never should have been allowed to act as his own lawyer for part of his 2003 capital murder trial.


Jonathan Sheldon told a federal appeals court Tuesday that the failure of Muhammad's trial attorneys to tell a judge about their client's mental health issues violated his constitutional right to effective counsel.

A lawyer for the state of Virginia argued that Muhammad's competency was never an issue in his trial for one of the 10 murders committed by Muhammad and teenage accomplice Lee Boyd Malvo. Muhammad was sentenced to death, and Malvo is serving a life term for the 2002 Washington, D.C.-area shooting spree.

The federal appeals court in Richmond, Va., is expected to rule in several weeks.



Six GM executives sell more than 200,000 shares
Securities | 2009/05/12 09:21
Six General Motors Corp. executives recently sold more than 200,000 shares of the automaker as GM moves toward issuing new equity to give large stakes to the U.S. government and a United Auto Workers retiree health care trust fund.


Four group vice presidents and two vice chairmen sold nearly 205,000 shares Friday and Monday at prices ranging from $1.45 to $1.61 per share. GM shares closed Monday down 17 cents at $1.44.

Spokeswoman Julie Gibson says the sales don't show a lack of faith in the company. She says GM has disclosed publicly that shareholders run the risk of significant dilution or possibly losing their investments in a potential bankruptcy filing.

"They're not operating with any knowledge that other people don't have," she said. The executives had a short window of Friday through Tuesday to sell the shares, she added.

GM has offered bondholders 10 percent of the company's equity in exchange for wiping out $27 billion in debt. The company also is negotiating with the U.S. government for a potential 50 percent share of GM stock, and with the UAW to take 39 percent in exchange for half of the $20 billion that the company owes the trust fund.

The remaining 1 percent would go to those who hold the company's current 611 million outstanding shares.

If the bond exchange goes through, GM plans to issue 62 billion new shares and then do a 100-for-1 reverse stock split.



Obama to talk court nomination with Senate leaders
Politics | 2009/05/12 03:21
President Barack Obama on Wednesday will meet with key Senate leaders from both parties as he moves closer to choosing a nominee to replace Justice David Souter on the Supreme Court.


The White House confirmed the meeting but said it did not indicate a finalization of the president's review process.

"I don't think we're at the point where the president says, `What do you think about these two people?'" White House spokesman Robert Gibbs told The Associated Press on Monday. "The president pledged very early on to consult broadly, and I think Wednesday's meeting does that."

Obama is to talk at the White House with Senate Democratic leader Harry Reid, Judiciary Committee Chairman Patrick Leahy, Senate Republican leader Mitch McConnell and Sen. Jeff Sessions, the top Republican on the Judiciary Committee.

Don Stewart, a spokesman for McConnell, said the Republican leader hopes this is the start of the consultation process and that Obama "follows the lead of previous presidents and has many such meetings over the coming weeks before a nomination is announced."

The White House has ruled out that Obama will name his Supreme Court pick this week.

Souter is retiring in June, and Obama wants to have a nominee confirmed when the next Supreme Court session starts in October.



Yahoo wins round in Oregon nude photo court battle
Legal Business | 2009/05/12 01:23
Yahoo has won a legal battle over removing nude photos that an Oregon woman claimed her boyfriend posted on its Web site without her knowledge or permission.


The 9th U.S. Circuit Court of Appeals reaffirms that Internet service providers such as Yahoo Inc. are generally protected from liability for materials published or posted on their sites by outside parties.

Cecilia Barnes had filed a lawsuit in 2005 in Portland, Ore., claiming her boyfriend not only posted nude photos, but also created a fraudulent profile and posed as her in an online chat room to solicit sex.

Although the court says Yahoo isn't liable for those actions, it left open the possibility that Barnes could sue Yahoo over whether it had promised to remove the photos and the profile.



Federal judge in sex case gets nearly 3 years
Law Center | 2009/05/12 01:22
A disgraced federal judge was sentenced Monday to nearly three years in prison for lying to investigators about whether he sexually abused his secretary.


U.S. District Judge Samuel Kent was sentenced to 33 months Monday. He was also fined $1,000 and ordered to pay $6,550 in restitution to the two women whose complaints resulted in the first sex abuse case against a sitting federal judge.

Kent could have received up to 20 years in prison after admitting to obstruction of justice, but prosecutors said they wouldn't seek more than three years under a plea agreement.

"Your wrongful conduct is a huge black X ... a stain on the judicial system itself, a matter of concern in the federal courts," U.S. District Judge Roger Vinson said as he imposed the sentence. Vinson is a visiting senior judge called in from Pensacola, Fla.

Kent pleaded guilty to obstruction of justice in February as jury selection for his trial was about to begin. He had been charged with obstruction and five sex-crime counts alleging that he groped his secretary and his former case manager. Conviction on the most serious of those charges could have sent him to prison for life.



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