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High court won't hear casinos-racetracks dispute
Court Watch | 2009/06/09 02:08
The Supreme Court is staying out a fight between Illinois' casinos and horse tracks over a state law that cropped up in the impeachment and indictment of former Gov. Rod Blagojevich.


The casinos object to a law that forces them to transfer of millions of dollars to ailing horse tracks.

Last year, the state Supreme Court unanimously upheld the law. The high court let that ruling stand Monday without comment.

The renewal of the law in 2008 figures in the case against Blagojevich. FBI wiretaps on telephones in Blagojevich's home and the governor's office showed an alleged effort by the then-governor to shake down a racetrack owner for a sizable campaign contribution while the bill was pending. A lawyer for the owner, John Johnston, has said the contribution was not made.

Four secretly recorded conversations about the issue were played at Blagojevich's impeachment trial in the state Senate.



Court won't hear case of man with porn on computer
Court Watch | 2009/06/08 06:25
The Supreme Court won't stop Pennsylvania officials from prosecuting a man whose computer was found to contain child pornography while it was at Circuit City being upgraded.


Kenneth Sodomsky wants the high court to suppress the videos found on his computer, which he had taken into a Circuit City in Wyomissing, Penn., to get a DVD burner installed into it. While the computer was in the store, a worker looked through some of the files and found movie files with "questionable" names referring to boys of various ages. The worker then found a video of a hand reaching toward a penis and called the police.

Police seized the computer, obtained a warrant and found child pornography. Sodomsky moved to suppress the discovery, saying the Circuit City employees had no right to search his computer and show any of its contents to police.

A trial judge agreed, but a state appellate court overturned that decision, saying Sodomsky ran the risk of his illegal files being found and viewed by taking the computer out of his house and to the store.

Circuit City Stores Inc. closed the last of its stores in March.



NYC club bouncer guilty in Boston student's death
Court Watch | 2009/06/04 04:16
A Manhattan nightclub bouncer has been convicted of first-degree murder in the slaying of a graduate student from Boston.


Darryl Littlejohn looked straight ahead as the jury verdict was read Wednesday.

The 44-year-old parolee faces up to life in prison in the 2006 death of criminal justice student Imette St. Guillen (ih-MET' saynt GEE'-yen) of Boston. His sentencing is set for July 8.

Littlejohn is already serving 25 years to life for kidnapping another woman.

The defense said Littlejohn was framed in the St. Guillen case, which stirred memories of New York's notorious "preppie killer" slaying and spurred a city crackdown on nightlife security.



Court upholds Navy cancellation of A-12 aircraft
Court Watch | 2009/06/03 04:21
Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.


The Navy was justified in 1991 when it opted to terminate the $4 billion contract with McDonnell Douglas and General Dynamics to build a stealth aircraft, the court said.

Chicago-based Boeing, which acquired McDonnell Douglas in 1997, said it will appeal the ruling.

The aircraft project was ended for being substantially over budget and behind schedule, according to the Justice Department. Both contractors were under a fixed-price contract to develop the A-12, a carrier-based attack aircraft.

But because of serious technical difficulties, the Pentagon refused to approve additional funding, leading the Navy to cancel the program.

In a 29-page opinion, the court explained the contractor's performance history showed that "the government was justifiably insecure about the contract's timely completion."

Both contractors are now required to repay the government more than $1.35 billion, plus interest of $1.45 billion.

Boeing had questioned whether the government owed money to both companies for work in progress when the contract was terminated.

In a statement, Boeing called for an immediate appeal of the court's ruling. Falls Church, Va.-based General Dynamics issued a statement saying it disagrees with the ruling and continues to believe that the government's default termination was not justified. The company intends to seek a re-hearing in the Federal Circuit.



Court says no exclusive cable rights in apartments
Court Watch | 2009/05/27 01:59
Cable companies cannot have exclusive rights to provide service in apartment buildings that they wire, a federal appeals court ruled Tuesday.


The decision from the Court of Appeals in Washington upholds a Federal Communications Commission ruling that banned the exclusive agreements as anticompetitive.

The deals involved a provider exchanging a valuable service like wiring a multiunit building for cable in exchange for the exclusive right to provide service to all the residents.

The commission said cable operators could no longer enter into such deals and existing ones could not be enforced.

The National Cable & Telecommunications Association and a pair of affiliated real estate groups sued, saying the FCC did not justify the change in policy, consider the retroactive effects or have the authority to regulate the deals. But the appeals court sided with the FCC and said it acted well within the bounds of the law.

A spokesman for the cable association had no immediate comment on the ruling.



Suspects can be interrogated without lawyer
Court Watch | 2009/05/26 04:35
The Supreme Court has overturned a long-standing ruling that stops police from initiating questions unless a defendant's lawyer is present, a move that will make it easier for prosecutors to interrogate suspects.


The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present.

The Michigan ruling applied even to defendants who agree to talk to the authorities without their lawyers.

The court's conservatives overturned that opinion Tuesday, with Justice Antonin Scalia saying "it was poorly reasoned, has created no significant reliance interests and (as we have described) is ultimately unworkable."

Scalia, who read the opinion from the bench, said their decision will have a "minimal" effects on criminal defendants. "Because of the protections created by this court in Miranda and related cases, there is little if any chance that a defendant will be badgered into waiving his right to have counsel present during interrogation," Scalia said.

The Michigan v. Jackson opinion was written by Justice John Paul Stevens, the only current justice who was on the court at the time. He dissented from the ruling, and in an unusual move read his dissent aloud from the bench. It was the first time this term a justice had read a dissent aloud.

"The police interrogation in this case clearly violated petitioner's Sixth Amendment right to counsel," Stevens said. Overruling the Jackson case, he said, "can only diminish the public's confidence in the reliability and fairness of our system of justice."



Guilty Plea for Man Behind Creative E-Trade Scam
Court Watch | 2009/05/22 08:54

A California man has pleaded guilty to opening tens of thousands of bogus online brokerage accounts and then pocketing tiny test deposits made by companies like E-Trade Financial and Charles Schwab.

Michael Largent, 23, of Plumas Lake, Calif. pleaded guilty Thursday to computer fraud charges in connection with the scam, which ran between November 2007 and May 2008.

Largent's arrest was widely covered on the Internet last May, where it was likened to so-called Salami Slicing scams depicted in movies such as Superman III and Office Spaces.

According to prosecutors, Largent wrote a script that opened more than 58,000 online accounts at instructions such as E-trade and Schwab. He used fake names, including cartoon monikers such as Hank Hill and Rusty Shackelford to open these accounts and then profited when the brokerage firms would make tiny test deposits to make sure they were linked to his account.

Typically these deposits were between $0.01 and $2 but they added up. In total he made or tried to make more than $50,000 in the scam, the Department of Justice said.

Largent is also alleged to have received more than $8,000 in micro-deposits from Google, although he was not charged with this in his May 22 indictment.

He is set to be sentenced on Aug. 13 and faces up to five years in federal prison on two computer fraud charges, a U.S. department of Justice spokeswoman said Thursday.



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