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Court strikes down Va. late-term abortion ban
Law Center | 2008/05/21 05:59
A Virginia law banning a type of late-term abortion is still unconstitutional, even though a similar federal ban was upheld by the U.S. Supreme Court, a federal appeals court ruled Tuesday.

The 2-1 decision by a panel of the 4th U.S. Circuit Court of Appeals affirms the same court's 2005 ruling striking down the law. The Supreme Court had ordered the appeals court to take another look at Virginia's statute after the ruling on the federal ban.

The appeals court cited a key difference between the federal and state bans on the procedure that abortion opponents call "partial-birth abortion." The federal law protects doctors who set out to perform a legal abortion that by accident becomes the banned procedure. The Virginia statute provides no such protection.

The state has two weeks to ask the full federal appeals court to review the ruling, or 90 days to appeal to the Supreme Court. The attorney general's office "is reviewing all possible courses of action," spokesman J. Tucker Martin said.

The state law is unconstitutional "because it imposes an undue burden on a woman's right to obtain an abortion," Judge M. Blane Michael wrote in the majority opinion, joined by Judge Diana Gribbon-Motz.



High court is blocked from case over investments
Law Center | 2008/05/13 09:10
The Supreme Court tossed itself off a big case Monday.

The court couldn't take up an apartheid dispute involving some of the nation's largest companies because too many of the justices had investments or other ties with those corporate giants.

It appeared to be the first time in at least a quarter-century that the justices' financial holdings prevented them from taking a case.

The result is that a lawsuit will go forward accusing dozens of corporations of violating international law by assisting South Africa's former apartheid government. The companies and the Bush administration had asked the court to intervene, arguing that the lawsuit was damaging international relations, threatening to hurt South Africa's economic development and punishing the companies using a fuzzy legal concept.

Four of the nine justices sat out the court's consideration of the case. Federal law calls for at least six to hear any case.

Short of the required number, the court took the only path available to it and upheld an appeals court ruling allowing the lawsuit to proceed.

Chief Justice John Roberts and Justices Samuel Alito, Stephen Breyer and Anthony Kennedy provided no explanation for their decision not to take part in the case.

But those justices have ties to Bank of America Corp., Bristol-Myers Squibb Co., Colgate-Palmolive Co., Credit Suisse, Exxon Mobil Corp., Hewlett-Packard Co., IBM and Nestle SA, among nearly three dozen companies that asked the high court to step in.



Court weighs whether to restrict 'business method' patents
Law Center | 2008/05/09 07:12
Is a baseball pitcher's method for throwing a curveball patentable? How about a chiropractor's techniques?

A federal appeals court wrestled with those kinds of questions Thursday when it considered placing restrictions on patent protections for business practices. The case under review is being closely watched by financial services and software companies.

The number of patents on tax preparation strategies, investment techniques and other business methods has surged since 1998, when the Court of Appeals for the Federal Circuit opened the door to such claims.

That increase has led to widespread criticism that many of the patents, including one about how to teach golf lessons, are frivolous and spur excessive litigation.

The Federal Circuit said in February that it would reconsider its decade-old decision in a case that many patent experts say is one of the most important in years. Depending on how broadly the court rules, the case could make it harder for investment banks and software companies to patent their products.



Court upholds sentence for Ala. police officer
Law Center | 2008/05/06 08:57
A federal appeals court has upheld the conviction and 10-month sentence of an Alabama police officer for lying about a prisoner injured during arrest. A federal judge sentenced Jason Hardy Hunt, who was a narcotics detective in Prichard, Ala., to five months in prison and five months home detention. James Woodard became agitated and argued with officers March 22, 2005 when he was detained, searched and then released. Officers tried to arrest him after he cursed and threatened them, and Hunt threw Woodard to the pavement, injuring his head.

Hunt reported that Woodard grabbed him first, and repeated the falsehood to an FBI agent almost a year later. On appeal, Hunt said the evidence was insufficient to convict him of deliberate falsehood and that the 10-month sentence was excessive. A three-judge panel of the 11th U.S. Circuit Court of Appeals disagreed in an opinion filed Monday.



Ga. parole board holds hearing for convicted killer
Law Center | 2008/05/05 06:20
A clemency hearing is under way for a convicted Georgia killer whose execution would be the first since the U.S. Supreme Court found lethal injection constitutional.

The Georgia Board of Pardons and Paroles convened Monday to hear the case of William Earl Lynd, who is scheduled to die Tuesday for fatally shooting his live-in girlfriend, Ginger Moore, two days before Christmas in 1988.

Lynd's attorney, Tom Dunn, is seeking a 90-day stay of execution as well as a commutation of his sentence.

The U.S. Supreme Court in April upheld Kentucky's lethal injection protocol, clearing the way for executions to resume in the roughly three dozen states that use that method.



Another record number of warrants for secret spy court
Law Center | 2008/05/01 08:25
The nation's spy court approved a record number of requests to search or eavesdrop on suspected terrorists and spies last year, the Justice Department said Wednesday.

The Foreign Intelligence Surveillance Court approved 2,370 warrants last year targeting people in the United States believed to be linked to international terror organizations.

That figure represents a 9 percent increase over 2006. The number of warrants has more than doubled since the terrorist attacks of 2001.

The secret intelligence court was established in 1978 to oversee government requests to conduct surveillance on suspected spies inside the U.S.

The court denied three warrant applications in full and partially denied one, the Justice Department said. Eighty-six times judges sent requests back to the government for changes before approving them.

Those oversight numbers also represent an increase over last year, when the court partially denied only one application and required changes to 73 applications.

Because the workings of the court are secret, however, it's impossible to know whether that increase was due to more court oversight, more aggressive government efforts or simply the nuances of individual cases.



Supreme Court affirms drug-arrest case
Law Center | 2008/04/24 05:03

The Supreme Court affirmed Wednesday that police have the power to conduct searches and seize evidence, even when done during an arrest that turns out to have violated state law.

The unanimous decision came in a case from Portsmouth, Va., where city detectives seized crack cocaine from motorist David Lee Moore after arresting him for a traffic ticket offense.

Justice Antonin Scalia said that when officers have probable cause to believe a person has committed a crime in their presence, the Fourth Amendment permits them to make an arrest and to search the suspect to safeguard evidence and ensure their own safety.

Moore was convicted on a drug charge and sentenced to 3 ½ years in prison. The Virginia Supreme Court had ruled police could not lawfully conduct a search.



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