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NC court backs video poker ban off Cherokee land
Breaking Legal News | 2009/12/24 02:04

North Carolina's appeals court on Tuesday upheld a statewide ban on video poker machines except those operated by the Eastern Band of Cherokee Indians in their Smoky Mountains casino.

A three-judge court panel ruled unanimously that a 2006 state law giving the tribe exclusive gaming rights within North Carolina does not violate a federal Indian gaming law as an amusement machine vendor had argued.

The tribe operates Harrah's Cherokee Casino, which attracts more than 3.5 million visitors a year and generates revenues of more than $250 million annually. Tribal members in June received checks for $3,892 in the first of this year's twice-a-year payments.

The ruling overturned a February decision by Wake County Superior Court Judge Howard Manning that sided with the gaming company and could have again legalized video poker machines in all 100 counties.

But the appeals court said the federal Indian Gaming Regulatory Act allows states to grant tribes preferential gaming rights in hopes the revenues would expand tribal self-government, economic development, and political stability.



Court rejects Polanski move to have case dismissed
Breaking Legal News | 2009/12/22 05:04

A California appeals court on Monday rejected Roman Polanski's bid to have his 32-year-old sex case dismissed, but cited grave concerns over possible judicial and prosecutorial misconduct.

The California 2nd District Court of Appeal announced it had denied the petition, with justices saying they are "deeply concerned" about the probable misconduct by a now-deceased judge and a retired prosecutor who advised him.

"We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago," the court's opinion stated.

While a blow to Polanski's efforts to have the case dismissed and win his freedom from Swiss authorities, the ruling cast serious doubt on how the case was handled.

The new focus ignited public passions, with some angrily calling for Polanski to be imprisoned. Others, including some colleagues in the film industry, have advocated for his freedom.

The appeals court faulted Polanski for fleeing the country rather than seeking legal remedies at the time. But it also said repeatedly it is time for the case to be over.

It raised a number of potential options for Polanski, including seeking sentencing in absentia, but it did not require further action by the trial judge. Polankski is under house arrest at his chalet in Gstaad, Switzerland, fighting extradition.

Attorneys for the fugitive director argued earlier this month that misconduct in the case was grounds for dismissal of a charge of having unlawful sex with a minor. They also contended Polanski didn't need to be present to argue for dismissal.



Settlement reached in farmworkers' suit in Miss.
Breaking Legal News | 2009/12/21 09:21

A lawsuit filed on behalf of 27 Mexican farm workers against a Mississippi sweet potato operation has been settled.

A joint notice filed with the U.S. District Court shows the settlement was reached this past week in the suit against Ryan Alexander and Alexander Farms, located in Vardaman.

The workers were employed under the federal H-2 Visa program in 2006. The suit was filed in September 2008 and claimed breach of contract and denied wages.

The notice did not give the settlement amount.

Attorneys for the plaintiffs and defendant didn't return calls seeking comment about the case.



US transfers 12 Gitmo detainees to home countries
Breaking Legal News | 2009/12/21 02:24

The U.S. has transferred a dozen Guantanamo detainees to Afghanistan, Yemen and the Somaliland region as the Obama administration continues to move captives out of the facility in Cuba in preparation for its closure.

The Justice Department said Sunday that a government task force had reviewed each case. Officials considered the potential threat and the government's likelihood of success in court challenges to the detentions.

Over the weekend, four Afghan detainees were transferred to their home country. Two Somali detainees were transferred to authorities in Somaliland, the semi-autonomous northern region of Somalia. Six Yemeni detainees also were sent home.

The Justice Department said that since 2002, more than 560 detainees have departed the military prison in Cuba and 198 remain.



NC lawyers try to block release of 2 killers
Breaking Legal News | 2009/12/18 10:00

The attorney general's office in North Carolina is petitioning the state Supreme Court to block the release of two convicted killers who had been serving life sentences.

Lawyers filed their petition Friday, a day after the state appeals court rejected a request to keep Alford Jones and Faye Brown behind bars. If the appeals court order stands, the inmates will go free at 5 p.m.

State courts previously sided with the inmates in determining their life sentences were actually defined in the 1970s as 80 years. The inmates say that with sentence-reduction credits, that means their terms are now complete.

The state disagrees and says the prisoners should not receive any sentence-reduction credits for good behavior.



Ohio justices: Cell phone searches require warrant
Breaking Legal News | 2009/12/16 09:13

The Ohio Supreme Court said Tuesday police officers must obtain a search warrant before scouring the contents of a suspect's cell phone, unless their safety is in danger.

The American Civil Liberties Union of Ohio described the ruling as a landmark case. The issue appears never to have reached another state high court or the U.S. Supreme Court.

The Ohio high court ruled 5-4 in favor of Antwaun Smith, who was arrested on drug charges after he answered a cell phone call from a crack cocaine user acting as a police informant.

Officers took Smith's cell phone when he was arrested and, acting without a warrant and without his consent, searched it. They found a call history and stored numbers that showed Smith had previously been in contact with the drug user.

Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools.

During his trial, Smith argued that the evidence obtained through the cell phone search was inadmissible because it violated the constitutional ban on unreasonable search and seizure.



NC appeals court temporarily halts inmate release
Breaking Legal News | 2009/12/15 05:54

North Carolina's appeals court has temporarily blocked the release of two convicted murderers sentenced under a 1970s law that limited life terms.

The court clerk issued an order Monday afternoon approving a request to halt the case, but he gave no explanation. The decision gives state attorneys another chance to argue the inmates should not be set free.

Superior Court Judge Ripley Rand had ordered convicted murderers Alford Jones and Faye Brown freed earlier Monday. Their attorneys convinced Rand that sentence-reduction credits have shortened their life terms, which were defined as only 80 years when they were sentenced.

Rand had set a 5 p.m. deadline for the Department of Correction to release Jones and Brown.



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