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Calif. high court to hear church's property appeal
Court Watch | 2010/06/14 02:56
The California Supreme Court has decided to hear an Orange County church's appeal to keep its beachfront church property, despite breaking away from the main Episcopal Church.

St. James Anglican Church, a theologically conservative breakaway church, has waged a nearly six-year fight to keep the church property instead of returning it to the Diocese of Los Angeles.

St. James is one of several dozen individual parishes and four dioceses nationwide that voted to split from the national church after the 2003 consecration of the first openly gay Episcopal bishop.

State courts have sided with the Los Angeles diocese throughout the six-year legal case. The church lost its petition to have the case heard in the U.S. Supreme Court last year.



OJ lawyer to make high court appeal for new trial
Court Watch | 2010/06/11 09:16
O.J. Simpson's lawyer says time could be the biggest hurdle he'll face when he asks the Nevada Supreme Court on Friday to overturn the imprisoned former football star's conviction in a September 2007 hotel room heist and grant a new trial.

"We only have 15 minutes to make our arguments. It really is daunting," Yale Galanter said Thursday. "But what the public doesn't know is that there are hundreds of pages of briefs that have already been filed."

Simpson and convicted co-defendant Clarence "C.J." Stewart won't be in court when their lawyers tell a trio of justices that Simpson's fame — and his acquittal in the 1994 slayings of his ex-wife, Nicole Brown Simpson, and her friend Ron Goldman in Los Angeles — tilted the Las Vegas proceedings in favor of the prosecution.

Simpson, who turns 63 next month, has been working as a gymnasium janitor while serving nine to 33 years at a state prison in the northern Nevada town of Lovelock.

Stewart, 56, heads a music program while serving 7 1/2 to 27 years at High Desert State Prison, 45 miles northwest of Las Vegas.



Utah judge denies motion for condemned inmate
Court Watch | 2010/06/10 08:50
Lawyers for a death row inmate scheduled for execution by a firing squad on June 18 failed Wednesday to persuade a federal judge to block a commutation hearing because the process is riddled with conflict.

The emergency hearing in U.S. District Court came hours after attorneys for Ronnie Lee Gardner argued an appeal of the case before the Utah Supreme Court — asking justices to vacate Gardner's death sentence.

It's unclear when the state's high court will rule.

But the federal court's Chief Judge Tena Campbell said Gardner failed to prove he could not get a "fair and impartial hearing" before Utah's Board of Pardons and Parole.

A two-day hearing before the board is set to begin on Thursday.

In court papers filed in U.S. District Court late Tuesday, attorney Andrew Parnes argued that the board's process was tainted because lawyers that represent the board work for the Utah attorney general's office — the same entity that sought Gardner's death warrant. Those state attorneys will also argue against the board commuting Gardner's death sentence to life in prison without the possibility of parole.



Court weighs whether to release militia members
Court Watch | 2010/06/09 05:48

A federal prosecutor has told an appeals court in Ohio that five jailed members of a Midwest militia are a threat to public safety. The prosecutor says they should stay in jail until they're tried on charges of plotting to overthrow the government.

But attorneys for the defendants told the 6th U.S. Circuit Court of Appeals on Tuesday that the government hasn't proven their clients are dangerous.

The defendants are among nine members of the Michigan-based Hutaree (hoo-TAH'-ray) accused of conspiracy to commit sedition. Two from Michigan and two from Ohio have been released as they await trial.

A federal judge has said the remaining five, from Michigan and Indiana, could go home with electronic monitors. The government is appealing that order.

The appeals court did not issue a ruling Tuesday.



Ohio couple plead not guilty to terror conspiracy
Court Watch | 2010/06/09 04:54
An Ohio couple have pleaded not guilty to charges that they conspired to provide thousands of dollars to a Mideast terrorist group. Hor Akl and his wife, Amera Akl, appeared in federal court Tuesday in Toledo on charges they planned to conceal up to $500,000 to give to Hezbollah on behalf of anonymous donors in the United States.

Amera Akl's family says they're planning to post a $750,000 bond and that it's possible she could be released later this week.

The couple were taken into custody last week after prosecutors said an FBI informant provided them with $200,000 in cash.

The couple were alleged to be preparing to hide the money in a vehicle that prosecutors said was to be shipped to Lebanon.



NM high court to hear arguments in emissions case
Court Watch | 2010/06/08 06:14
The New Mexico Supreme Court will hear oral arguments Monday afternoon in a legal battle over an environmental group's effort to establish a cap on greenhouse gas emissions in the state.

State regulators and the New Mexico Environmental Law Center are asking the justices to order a District Court judge in Lovington to reverse an earlier decision that halted the effort by New Energy Economy to control greenhouse gas emissions.

Judge William Shoobridge granted a preliminary injunction in April that prohibited the state Environmental Improvement Board from continuing proceedings on New Energy Economy's petition.

Petition supporters argue that if allowed to stand, the judge's ruling would cripple state agencies' ability to carry out appointed responsibilities. They say the high court must hear the case because it raises questions about separation of powers and judicial interference in an administrative process.

New Mexico's largest utility, four state lawmakers and other industry groups sued in January to stop the Environmental Improvement Board from considering the petition. New Energy Economy and regulators countered with a motion to dismiss the lawsuit, a move that Shoobridge rejected.

Public Service Company of New Mexico, one of the plaintiffs, has argued that a state cap on greenhouse gas emissions would be costly for businesses and utility customers and that the emissions debate should be settled by the federal government.



2 New Jersey Terror Suspects to Appear in Court
Court Watch | 2010/06/07 06:12

Two young New Jersey men are scheduled to appear in federal court in Newark Monday morning on charges of trying to join a terrorist group.

The two were arrested Saturday at John F. Kennedy International Airport before they could board separate flights to Egypt, where they hoped to continue on to Somalia to join the terrorist group al-Shabab, a militant organization with links to Al Qaeda.

New York City Police Commissioner Raymond Kelly said Mohamed Mahmood Alessa, 21, and Carlos Eduardo Almonte, 23, had gone to Jordan in 2007. From there, they tried to get into Iraq but were turned back.

"It's a cause for concern," Kelly told reporters during a press conference on Sunday.

"It's not unlike other cases that we've seen recently where individuals who express an interest to do 'jihad' go overseas and then are turned around" and "come back to attempt acts of violence in the United States," he said, citing other high-profile cases, like Najibullah Zazi and Faisal Shahzad, both charged with plotting separate acts of terror inside the United States.



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