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Appeals court reverses Steinbeck copyrights ruling
Breaking Legal News | 2008/08/13 08:50
A federal appeals court has reversed a ruling that awarded John Steinbeck's son and granddaughter publishing rights to 10 of the author's early works, including "The Grapes of Wrath."

The appeals court said Wednesday that a judge made a mistake when he ruled the works belonged to the son, Thomas Steinbeck, and granddaughter Blake Smyle (SMILE'-ee).

A lawyer for the two didn't return a telephone message seeking comment Wednesday.

The two had won rights previously held by various individuals and organizations, including Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine.

The appeals court ordered the lower court judge to rule in favor of Penguin and the heirs of Elaine Steinbeck. Steinbeck's widow died in April 2003.



Court blocks MIT students from showing subway hack
Breaking Legal News | 2008/08/11 08:38
A federal judge has ordered three college students to cancel a presentation at a computer hackers' conference showing security flaws in the automated fare system used by Boston's subway.

A U.S. district court judge in Massachusetts issued a temporary restraining order preventing the Massachusetts Institute of Technology students from demonstrating at the Defcon conference on Sunday in Las Vegas how to take advantage of the system's vulnerabilities to get free rides.

The Massachusetts Bay Transportation Authority says in a complaint filed Friday that the students offered to show others how to use the hacks before giving the transit system a chance to fix the flaws.



Court favors couple in Ohio 'caged kids' case
Breaking Legal News | 2008/08/11 06:38
An Ohio appeals court has ruled against a new trial on additional charges for a couple convicted of abusing some of their adopted children and forcing them to sleep in cages.

Huron County prosecutor Russ Leffler had argued that a judge should not have dismissed falsification and perjury charges that were filed against Michael and Sharen Gravelle.

But on Friday the appeals court in Toledo agreed with the lower court judge and upheld his dismissal of the charges.

The Gravelles' attorney, Kenneth Myers, says it means one less potential hurdle to overcome as they appeal their child abuse and endangering convictions.



Texas executes immigrant after winning court fight
Breaking Legal News | 2008/08/08 03:28
An illegal immigrant from Honduras who claimed his treaty rights were violated when he was arrested for a robbery-murder near Dallas was executed Thursday evening.

"God forgive them, receive my spirit," Heliberto Chi said in English. In Spanish, he told a friend watching through a window that he loved him and appreciated his hard work. He appeared to be whispering a prayer in Spanish with a tear at the corner of his right eye as the lethal drugs began to take effect.

One of Chi's cousins, who was among the witnesses, sobbed uncontrollably. Two sons of his victims watched through another window and Chi glanced at them briefly but didn't appear to acknowledge them. Chi was pronounced dead nine minutes later at 6:25 p.m. CDT.

He murdered his former boss, Armand Paliotta, during a 2001 robbery at an Arlington men's clothing store where Chi had once worked. An employee was wounded trying to run away and another hid among clothing racks and called 911 for help.

Chi went on the run with his 18-year-old pregnant girlfriend. She turned him in California about six weeks later for assaulting her and told authorities he was wanted for murder in Texas.

Lawyers for Chi had claimed in appeals to the U.S. Supreme Court that he should have been told he could get legal assistance from the Honduran consulate when he was extradited to Texas to face charges.

The Supreme Court, ruling about 2 1/2 hours before his scheduled execution time, rejected his appeal without dissent. The Texas Court of Criminal Appeals, the state's highest criminal court, rejected a similar appeal late Wednesday.



Court rejects suit opposing religion in vets care
Breaking Legal News | 2008/08/07 08:23
Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled.

The 7th Circuit Court of Appeals ruled Tuesday the Madison-based Freedom From Religion Foundation and three of its members have no legal standing to bring the case.

The group was trying to end the department's practice of asking patients about their religion in "spiritual assessments," its use of chaplains to treat patients, and drug and alcohol treatment programs that incorporate religion. It claimed those practices violated the separation of church and state.

But the court ruled that federal taxpayers cannot challenge those expenditures. The court cited a U.S. Supreme Court decision last year in which the same group was not allowed to sue over President Bush's faith-based initiative.

In that case, the court ruled 5-4 the executive branch cannot be sued by taxpayers for expenses that allegedly promote religion. Cases can only be brought when the questionable expenditures are explicitly authorized in a congressional spending bill, the court ruled.

Congress never authorized spending on the chaplain services, pastoral care and other programs challenged, the 7th Circuit ruled.

Annie Laurie Gaylor, the foundation's co-president, criticized the ruling but said an appeal to the Supreme Court was unlikely. She said the group would look for VA patients who object to their treatment to be potential plaintiffs but said such a case would still be difficult to win.

"The courts are moving to the position where government can fund religious activities and endorse religion without restraint," she said. "It's really very disturbing."

The veterans agency, which treated 5.3 million people at its facilities in 2005, says it believes spirituality should be integrated into care, but it allows patients to decide whether that involves religion.

Its spiritual assessments ask patients a series of questions about their faith, such as how often they attend church and how important religion is in their lives. Agency officials say the assessments help them determine patients' needs.



Prison for man who smuggled while a gov't witness
Breaking Legal News | 2008/08/07 03:24
A man shot by a pair of Border Patrol agents during a drug smuggling attempt was sentenced to nearly a decade in prison Wednesday for separate smuggling incidents committed while he was waiting to testify against the agents.

Osvaldo Aldrete Davila, who was wounded in the buttocks while fleeing from an abandoned marijuana load in 2005, was sentenced to 9 1/2 years in prison for his role in two other smuggling efforts later that same year.

His sentencing came a little more than a week after a federal appeals court upheld lengthy sentences for the two agents convicted in his shooting, Ignacio Ramos and Jose Alonso Compeau. Several members of Congress have called on President Bush to commute the agents' sentences or pardon them.

Aldrete was shot in February 2005, and testified against the agents in their 2006 trial, telling jurors he was unarmed when he was shot as he ran toward Mexico after a brief scuffle with Compean. Ramos and Compean argued they believed Aldrete had a weapon.

Aldrete pleaded guilty in April to two counts of possession with the intent to distribute a controlled substance, and one count each of conspiracy to import a controlled substance and conspiracy to possess a controlled substance.



Texas wants 8 kids from sect back in state care
Breaking Legal News | 2008/08/06 06:13
Texas child welfare authorities asked a judge on Tuesday to place eight children from a Texas polygamist sect's ranch back into foster care, saying their mothers refuse to limit their contact with men accused of being involved in underage marriages.

Child Protective Services filed petitions asking Texas District Judge Barbara Walther to place the six girls and two boys belonging to four different mothers back in foster care.

The children, ranging in age from 5 to 17, will be allowed to remain with their mothers until a hearing scheduled for Sept. 25, said CPS spokeswoman Marleigh Meisner. None currently lives at the Yearning For Zion Ranch in Eldorado.

CPS filed petitions detailing alleged involvement in underage marriages by the children's fathers or stepfathers, submitting sect marriage documents, notes from suspected underage brides, photos and journal entries from Warren Jeffs, the jailed leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Two of the girls are daughters of Lloyd Hammon Barlow, a doctor indicted last month on three misdemeanor counts of failing to report child abuse, according to court filings.

Five other sect members, including Jeffs, were charged with sexual assault last month, but their children are not among those in the CPS petitions. The other six children are related, by blood or marriage, to men who are not under indictment but are accused by child welfare authorities of participating in or blessing underage marriages.

An FLDS spokesman did not immediately respond to a call seeking comment Tuesday.

CPS has continued its investigation of the 440 children taken from the Eldorado ranch since the Texas Supreme Court ruled in late May that the children should not have been swept into foster care under a blanket petition and hearing. The court said evidence showed no more than a handful of girls were abused or were at risk of abuse.



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