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Court rules for Utah city in religious marker case
Breaking Legal News | 2009/02/25 11:03
The Supreme Court ruled unanimously Wednesday that a small religious group cannot force a city in Utah to place a granite marker in a local park that already is home to a Ten Commandments display.


In a case involving the Salt Lake City-based Summum, the court said that governments can decide what to display in a public park without running afoul of the First Amendment.

Pleasant Grove City, Utah, rejected the group's marker, prompting a federal lawsuit that argued that a city can't allow some private donations of displays in its public park and reject others. The federal appeals court in Denver agreed.

In his opinion for the court, Justice Samuel Alito distinguished the Summum's case from efforts to prevent groups from speaking in public parks, which ordinarily would violate the First Amendment's free speech guarantee.

Alito said "the display of a permanent monument in a public park" requires a different analysis.

Because monuments in public parks help define a city's identity, "cities and other jurisdictions take some care in accepting donated monuments," he said.



Court will rule in dispute over 8-foot cross
Breaking Legal News | 2009/02/24 10:03
The Supreme Court agreed Monday to step into a long-running legal fight over an 8-foot cross that stands as a war memorial in the vast Mojave National Preserve in California.


The justices said that in court arguments set for this fall, they will consider throwing out an appeals court ruling that ordered the cross be torn down.

The American Civil Liberties Union and a former National Park Service employee have been challenging the cross' continued presence on national parkland for nearly eight years. A cross has stood on the site since 1934, when a local chapter of the Veterans of Foreign Wars erected it atop an outcropping known as Sunrise Rock.

Congress has transferred ownership of the land on which it sits to a private party.

The San Francisco-based 9th U.S. Circuit Court of Appeals twice said the cross must come down. It invalidated the 2004 congressionally approved land transfer, saying that "carving out a tiny parcel of property in the midst of this vast preserve — like a donut hole with the cross atop it — will do nothing to minimize the impermissible governmental endorsement" of the religious symbol.



Barry Bonds' personal trainer ordered to court
Breaking Legal News | 2009/02/24 04:03
A federal judge has ordered Barry Bonds' personal trainer, Greg Anderson, to court to disclose whether he intends to testify at the slugger's trial next month.


U.S. District Judge Susan Illston scheduled a hearing for Wednesday morning and ordered the U.S. Marshals Service to tell Anderson and provide him with transportation, if needed.

The judge has barred prosecutors from using key evidence, such as positive steroids tests, at Bonds' March 2 trial unless Anderson testifies.

Anderson has said through his attorney he will refuse to testify, and he may be sent to prison on contempt of court charges. Anderson was sent to prison after refusing to testify about Bonds before a federal grand jury in 2006.



Court rules against al-Qaida member, a US citizen
Breaking Legal News | 2009/02/23 08:41
The Supreme Court won't review the conviction of a Virginia man for joining al-Qaida and plotting to assassinate then-President George W. Bush.


The court said Monday that it will leave undisturbed the conviction of Ahmed Omar Abu Ali, despite an appeals court finding that his constitutional rights were violated when a judge allowed jurors, but not Abu Ali, to see classified evidence against him.

The 4th U.S. Circuit Court of Appeals in Richmond determined that the error made no difference to the outcome of the trial.

Abu Ali has challenged various aspects of the legal process, including that he was tortured by interrogators in Saudi Arabia. Federal courts have denied all his appeals.

Born in Houston, Abu Ali grew up in the Washington suburb of Falls Church, Va., and was valedictorian of a private Islamic high school. He joined al-Qaida after traveling to Saudi Arabia to attend college in 2002. As a member of a Medina-based al-Qaida cell, Abu Ali discussed numerous potential terrorist attacks, including a plan to assassinate Bush and a plan to establish a sleeper cell in the United States.

He was sentenced to 30 years in prison, but the appeals court ordered a new sentencing hearing after ruling that the trial judge ignored federal sentencing guidelines that called for life in prison.



Warden: Jail can't accommodate slaying suspect, 11
Breaking Legal News | 2009/02/22 08:39
A jail warden said Sunday he will ask a judge to move an 11-year-old boy accused of killing his father's pregnant girlfriend from an adult lockup to a juvenile detention center because the jail cannot accommodate the boy.


Lawrence County Warden Charles Adamo said his 300-inmate jail cannot offer proper long-term care for Jordan Brown, of Wampum, who was charged Saturday with using his own 20-gauge shotgun to kill 26-year-old Kenzie Marie Houk.

Houk was eight months pregnant with the child of Brown's father and also had two daughters, ages 4 and 7, who lived together in the rural home where authorities said she was slain as she lay in bed Friday.

Police said the boy then hopped onto a school bus with Houk's oldest daughter. State troopers picked him up at school after tree trimmers called 911 when Houk's youngest daughter told them she thought her mother was dead.



Judge charged with blocking execution appeal
Breaking Legal News | 2009/02/20 08:21
A judge on Texas' highest criminal court, accused of blocking appeals for an inmate the night of his execution, is now facing formal bad-conduct charges that could result in her removal from office.


The Texas Commission on Judicial Conduct charged Sharon Keller, the presiding judge of the Court of Criminal Appeals, with "willful or persistent conduct that casts public discredit on the judiciary."

Keller refused to keep the court offices open after 5 p.m. on Sept. 25, 2007, when attorneys for Michael Richard asked for a 20-minute extension because computer problems were delaying their efforts to file late appeals of his death sentence.

Richard was executed that night by lethal injection for the rape and murder of a Houston-area woman. Earlier that day, the U.S. Supreme Court had agreed to review the constitutionality of lethal injection in a Kentucky case.

"Judge Keller absolutely and totally denies these accusations," her attorney, Chip Babcock, told The Associated Press.

Keller has 15 days to formally respond to the charges in the start of a process that could take a year and a half or longer. The charges do not prevent her from continuing to preside over cases, Babcock said.

Babcock said Richard's attorneys should have known to contact another judge in charge of the case that night.



Appeals court revives Katrina insurance case
Breaking Legal News | 2009/02/20 08:20
A judge incorrectly dismissed several insurance companies from a lawsuit accusing insurers of overbilling the federal government for Hurricane Katrina's flood damage in Louisiana, a federal appeals court has ruled.


Wednesday's ruling by the 5th Circuit Court of Appeals in New Orleans only revives part of the case that lawyers for a group of purported "whistleblowers" filed against eight insurers and six adjusting firms after the August 2005 storm.

A three-judge panel from the appeals court upheld a lower court's ruling that Allstate Insurance Co. and State Farm Fire and Casualty Co. must be dismissed from the Louisiana lawsuit because they already were defendants in a similar suit in Mississippi.

However, the 5th Circuit said U.S. District Judge Peter Beer erred in dismissing the other insurers and adjusting firms that aren't named in the Mississippi case.

Other defendants in the Louisiana case include Liberty Mutual Fire Insurance Co., Fidelity National Insurance Co., American National Property & Casualty Co., American Reliable Insurance Co., and Standard Fire Insurance Co.



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