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Iowa City police say man showed up drunk for jail
Court Watch | 2009/02/05 03:26
Authorities say an Iowa City man may not have picked the best time to get loaded when he showed up drunk to serve a public intoxication sentence.


Now he faces another charge.

Police say the 19-year-old showed up at the Johnson County Jail on Tuesday to serve his three-day sentence and officials smelled alcohol on his breath.

Court records say tests showed the man had a blood-alcohol content of 0.101 percent when he arrived at the jail.

A court date on the new charge hasn't been set.

Court records say the man pleaded guilty to public intoxication in May 2008 and was convicted of public intoxication second-offense last December.



Court: Deport NYC ferry crash widow
Court Watch | 2009/02/04 08:45

A federal appeals court says a Jamaican immigrant whose American husband died in the 2003 Staten Island ferry crash can't stay in the United States.

The 3rd U.S. Circuit Court of Appeals in Philadelphia says Osserritta Robinson was no longer eligible for a green card because the Mahwah, N.J., resident had been married less than two years.

The Justice Department had argued the two-year rule was designed to prevent sham marriages.

Robinson's attorney, Jeffrey Feinbloom, says his client is very upset. Feinbloom says he'll ask the entire court of 21 judges to rehear the case and turn to the U.S. Supreme Court if that fails.

A district court judge in Newark in 2007 ruled that immigration officials were wrong to terminate Robinson's green card application.



Prosecutors want at least 2 years for escort boss
Court Watch | 2009/02/04 04:49
The boss of a prostitution ring used by disgraced former New York Gov. Eliot Spitzer should serve at least two years in prison, prosecutors said Tuesday.

In papers filed in U.S. District Court, they argued Mark Brener earned "substantial punishment" with his role in the business and should receive the two to two and a half years in prison that was included in his plea agreement.

Brener pleaded guilty last year to conspiracy to commit a prostitution offense and conspiracy to commit money laundering. He's scheduled to be sentenced Friday.

Prosecutors cited his position as head of Emperors Club VIP and criticized his contrition, saying it didn't seem sincere.

"That the defendant continues to insist upon his moral rectitude and his legitimate intentions with respect to the Emperors Club raises a serious concern about the defendant's potential recidivism," prosecutors wrote.

Brener lawyer Murray Richman noted his client is 63 and said "time alone will prohibit the likelihood of him doing this again."

"In no way does Mr. Brener try to avoid his responsibility," Richman said. "He recognizes he did wrong."

The lawyer noted that his client has been in prison since his arrest last March, when Spitzer resigned after it was revealed he had met one of the Emperors Club's prostitutes at a Washington, D.C., hotel weeks earlier.

Prosecutors said in November they would not charge Spitzer after investigators found no evidence that he misused public or campaign funds for prostitution. The federal government typically does not prosecute clients of prostitution rings.

The manager of the escort service was sentenced to six months in prison last week. A booking agent received a year of probation and a second booking agent is awaiting sentencing.



Court rejects Polanski bid to disqualify LA judges
Court Watch | 2009/02/03 08:36
Roman Polanski's attorneys have lost their bid to disqualify all Los Angeles Superior Court judges from considering their request to dismiss the 31-year-old sex case against the fugitive director.


The California 2nd District Court of Appeal issued the decision Monday, and also lifted a stay on all proceedings.

Polanski's attorney, Chad Hummel, claimed the entire Los Angeles Superior Court bench is biased against the director. Prosecutors countered that the claim was frivolous.

Polanski pleaded guilty to having sex with a 13-year-old girl in Los Angeles in 1978 but fled to France before he could be sentenced.

Superior Court spokesman Allan Parachini says a new date for the hearing will be set Tuesday.



Man guilty of false report in Harrison gun case
Court Watch | 2009/01/29 08:38
A Philadelphia man who says he was shot by Indianapolis Colts receiver Marvin Harrison has been convicted of a misdemeanor for giving police false information about the incident.

The April 28 shooting occurred near Harrison's car wash in North Philadelphia. Investigators said the shots came from a gun owned by Harrison, but said they have conflicting accounts of who fired it.

Dwight Dixon said he will appeal Tuesday's misdemeanor conviction for filing a fictitious report. Police said he initially gave them a fake name and told them two unknown men shot him during a robbery attempt.

The judge dismissed two related misdemeanor counts.

Dixon later said Harrison was the shooter and filed a civil suit filed against the NFL player.



Court: Christian school can expel lesbian students
Court Watch | 2009/01/28 09:41
A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.


The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School's right as a private, religious organization to exclude students based on sexual orientation.

Two girls sued claiming they were discriminated against after they were expelled from the Wildomar school in 2005. A lower court said the school isn't bound by the same anti-discrimination laws as a business establishment.

John McKay, attorney for California Lutheran, says the school's goal is to educate based on Christian principles.

The attorney for the girls could not be immediately reached Tuesday.



Cheerleading is a contact sport, Wis. court rules
Court Watch | 2009/01/27 11:11
High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, the Wisconsin Supreme Court ruled Tuesday in a case being closely watched in the cheerleading world.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

It does not spell out which sports are contact sports. The District 4 Court of Appeals ruled last year cheerleading doesn't qualify because there's no contact between opposing teams.

But all seven members of the Supreme Court agreed on Tuesday to overturn that decision. In the opinion, Justice Annette Ziegler said cheerleading involves "a significant amount of physical contact between the cheerleaders." As an example, she cited stunts in which cheerleaders are tossed in the air.

The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.



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