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Delaware Supreme Court gives OK to sports betting
Breaking Legal News |
2009/05/29 08:43
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The Delaware Supreme Court says a proposed sports betting lottery does not conflict with the state constitution.
The opinion was requested by Gov. Jack Markell, who has signed a bill that would make Delaware the only state east of the Rocky Mountains to offer sports wagering.
In a 22-page ruling dated Wednesday, the court says the state constitution permits lotteries that have an element of skill, as long as chance is the predominant factor in winning or losing. The justices also say the proposed sports lottery satisfies the constitutional requirement that lotteries be under state control. The NFL opposes the lottery and has said it may challenge the bill in court. |
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Mass. judge: Man can be called 2 names at trial
Breaking Legal News |
2009/05/26 05:34
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A judge has ruled that the man who calls himself Clark Rockefeller can use that name in his kidnapping trial, but prosecutors can call him by his real name.
Christian Karl Gerhartsreiter (GAYR'-hahrtz-ry-tur) is accused of kidnapping his 7-year-old daughter during a supervised visit in Boston last July. He and the girl were found six days later in Baltimore.
Gerhartsreiter also is charged with providing a false name to police. His lawyers had argued it would be unfair for jurors to hear him called Gerhartsreiter, because he has not been convicted of providing the false name. Superior Court Judge Frank Gaziano said Tuesday he would call him Gerhartsreiter to introduce the case, then refer to him as "the defendant" during the trial. Jury selection is to begin Tuesday. |
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Court: Phone drug buys shouldn't bring extra time
Breaking Legal News |
2009/05/26 04:35
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The Supreme Court says that people who buy drugs over the telephone shouldn't get more prison time than people who buy face-to-face from dealers.
The court Tuesday unanimously overturned a decision by the 4th U.S. Circuit Court of Appeals in Richmond, Va.
The law makes it a felony to use a communication device in "committing or in causing or in facilitating" a drug purchase. Prosecutors say that Salman Khade Abuelhawa's use of a cell phone for a misdemeanor purchase of around $120 of cocaine fell under the statute. The 4th U.S. Circuit Court of Appeals upheld the conviction. But the high court said Congress did not intend for phone buyers to get more jail time than people who walk up to dealers and buy drugs. |
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Calif. wants US Supreme Court OK of video game ban
Breaking Legal News |
2009/05/21 09:16
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California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown petitioned the U.S. Supreme Court on Wednesday to reinstate a state law banning the sale or rental of violent video games to minors.
In February, the 9th U.S. Court of Appeals struck down the law as a free speech violation that could limit minors' access to other material under the guise of protecting children. The court said there are less restrictive ways, such as parental control, to prevent children from accessing violent video games.
The court also dismissed as unpersuasive the scientific studies linking violent video games to aggressive and anti-social behavior. The state Legislature passed the law in 2005, but it never took effect because the video game industry sued soon after Schwarzenegger signed the measure that would have barred sales and rentals to anyone under the age of 18. The governor and attorney general argued Wednesday that the same legal justifications for banning minors from accessing pornography can be applied to violent video games. |
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Liberals hope to win after string of court losses
Breaking Legal News |
2009/05/19 09:09
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The men and women who gather around a table at the Leadership Conference on Civil Rights on Friday mornings have ample experience fighting Supreme Court confirmation battles. Now they're hoping to win one.
Already, they're combing through the records of potential nominees, although not, as was the case with Chief Justice John Roberts and Justice Samuel Alito, in search of a way to derail confirmation.
Encouraged by the White House, they're trying to anticipate a selection, build the case for approval and be ready to deflect the attacks from conservatives already beginning. "It's thrilling to be able to promote great judicial candidates," says Nan Aron, president of the Alliance For Justice, looking ahead to a selection by President Barack Obama that may come as early as this week or next. Added Janet Murguia, the president of the National Council of La Raza, "We're all poised to support and mobilize for an excellent nominee." Not that the liberal-leaning groups aren't trying to nudge Obama in one direction or another. While there is a general assumption that he will select a woman and a supporter of abortion rights, Latino leaders recently sent a list of more than 80 Hispanic judges to the White House, a not-too-subtle prod to the president. |
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Court will review Black's fraud conviction
Breaking Legal News |
2009/05/18 09:24
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The Supreme Court agreed Monday to consider media executive Conrad Black's appeal of his fraud conviction. Black is serving a 6 1/2 year prison term.
The justices will hear arguments later this year over the convictions of Black, the former chairman and chief executive of the Hollinger International media company, and two other former executives in connection with payments of $5.5 million they received from a Hollinger subsidiary.
The men argued that they did not commit fraud because they did no harm to the company. The 7th U.S. Circuit Court of Appeals in Chicago upheld the convictions, but the nation's appeals courts are divided on the central issue undergirding their convictions. At issue is the reach of a federal fraud statute that was originally aimed at prosecuting public officials. Black and former executives John A. Boultbee and Mark S. Kipnis argue that the $5.5 million actually represented management fees that the subsidiary owed to the executives. Hollinger once owned the Chicago Sun-Times, the Daily Telegraph of London, the Jerusalem Post and hundreds of community papers across the United States and Canada. All of Hollinger's big papers except the Sun-Times have now been sold and the company that emerged changed its name to Sun-Times Media Group. Black, a member of the British House of Lords, has so far served more than a year of his sentence at the federal prison in Coleman, Fla. He had asked President George W. Bush for a pardon before Bush left office in January. |
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Court allows suit over deadly railroad derailment
Breaking Legal News |
2009/05/18 08:27
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The Supreme Court says it won't block a lawsuit against a railroad involved in a deadly derailment in North Dakota.
The justices declined Monday to get involved in a dispute between the Canadian Pacific Railway and residents of Minot, ND. The Minot residents want to sue the railroad over a 2002 derailment that sent a cloud of toxic anhydrous ammonia farm fertilizer over the city. One man died trying to escape the fumes and others were treated at hospitals for eye and lung problems.
In 2006, a U.S. district judge ruled that federal law protected Canadian Pacific from claims stemming from the derailment. After Congress changed the law the same year, the St. Louis-based 8th U.S. Circuit Court of Appeals said the claims could be pursued. |
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