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Court weighs contempt motion in Calif. prison case
Legal Business | 2009/02/13 03:36
A federal appeals court on Thursday began considering whether Gov. Arnold Schwarzenegger can be held in contempt for refusing to release money to improve inmate health care, testing the limits of federal intrusion into states' control of their prisons.


In a hearing before the 9th U.S. Circuit Court of Appeals, Deputy Attorney General Daniel Powell argued that a judge's demand for a $250 million down payment violates state sovereignty and federal law. A court-appointed receiver wants that money to go toward his $8 billion plan to build seven new medical and mental health facilities for the state's 33 adult prisons.

Powell told the three-judge panel that the plan goes far beyond what's needed to remedy the prison health care system. The state cited proposed amenities such as therapy rooms, basketball courts and bingo boards. Powell added that the state already has taken steps to improve care that has been ruled unconstitutional.

The demand for billions to improve inmate medical care comes during a time of "extreme fiscal crisis," the state argued. California is struggling to bridge a $42 billion budget gap, furloughing employees two days each month, cutting billions from education and social services and considering a variety of tax increases.



Computer virus shuts down Houston's municipal courts
Legal Business | 2009/02/11 08:54
A virus is playing havoc with the municipal court operations in Houston.

The court system had to close down Friday afternoon after a computer virus affected access to data on court cases. Courtroom operations aren't expected to be back in business before Thursday morning.

People can pay fines and conduct other court business, but judges will not call dockets. Those with court dates for misdemeanor cases will be notified by mail of their new dates.

The virus hit 475 of the city's 16,000 computers and infected part of Microsoft Windows that handles the login process.

Gwendolyn Goins, spokeswoman for the court system, says she does not know how many cases have been affected. She said there's no evidence the virus was released deliberately.



Louisiana lawyer suspended, could be disbarred
Legal Business | 2009/02/09 04:32

A veteran Baton Rouge lawyer has been suspended indefinitely by the Louisiana Supreme Court for alleged misconduct and now faces disbarment.


Donald Ray Smith began practicing law in Louisiana in 1976. He's now accused of practicing law without a license and taking money from clients without performing his legal duties.

The Louisiana Supreme Court on Friday suspended Smith indefinitely based on the charges brought by the Office of Disciplinary Counsel, which prosecutes alleged attorney misconduct. Court records show Smith has yet to dispute the allegations brought by the ODC since prosecutors took the first of a series of complaints against him in June 2005.

Court records show Smith has been serving as an attorney in the state despite being ineligible to practice law in Louisiana since 2004.



Court to consider how long lawyer request lasts
Legal Business | 2009/01/26 08:07
The Supreme Court has agreed to clarify how long a suspected criminal's request for a lawyer during police interrogation should be valid.


The high court on Monday said it will consider allowing prosecutors in Maryland to use a confession from convicted child molester Michael Shatzer that he sexually abused his son.

Shatzer was imprisoned at the Maryland Correctional Institution in Hagerstown for child sexual abuse in 2003 when police started investigating allegations concerning his son. Shatzer requested an attorney and the investigation was soon dropped.

Three years later, the boy was old enough to offer details. According to court documents, when police questioned Shatzer again about the case, he was advised of his rights and signed a form waiving them before confessing.

After Shatzer was charged, he filed a motion to suppress his statements, arguing that he had asked for an attorney in the case before. A lower court said the confession could be used, but the Maryland Court of Appeals agreed with Shatzer and threw out the confession.



Judge delays Internet streaming of court hearing
Legal Business | 2009/01/22 05:35
A judge has postponed a hearing that would have been the first in federal court in Massachusetts to be streamed online.


Judge Nancy Gertner postponed oral arguments set for Thursday in the copyright infringement lawsuit that pits a Boston University graduate student against the music recording industry. Proceedings will resume Feb. 24.

Gertner said the delay would give the First Circuit Court of Appeals time to resolve an extraordinary petition by the recording industry challenging how the court recording will be made and distributed.

Charles Nesson, a Harvard professor representing BU student Joel Tenenbaum, is challenging the constitutionality of the lawsuits and asked the court to authorize the webcast.

The case is part of an effort by the Recording Industry Association of America to stop online music sharing.



Federal judge indicted on additional sex charges
Legal Business | 2009/01/07 09:18
U.S. District Judge Samuel Kent, the first federal jurist indicted on sex crimes, is now facing more serious charges.

Kent was set to be arraigned Wednesday, a day after a federal grand jury in Houston added three new charges to the indictment it issued in August that accuses him of making unwanted sexual advances toward his former court case manager.

The new charges — aggravated sexual abuse, abusive sexual contact and obstruction of justice — allege Kent engaged in unwanted sexual contact with a second former court employee and later lied about it to investigators.

"There is a gag order in the case which prohibits the parties from making any sort of comment with the exception of stating without elaboration what the defense is to these new charges," said Dick DeGuerin, Kent's attorney. "They are untrue and we believe the product of intense pressure and threats brought against the complainant."

In a press release, the Justice Department only gave a brief description of the additional charges against Kent.

Kent, who was released on his own recognizance after last year's indictment, is still on the bench.

Jury selection in Kent's trial on the initial charges against him was set to begin Jan. 26. It was not immediately known if the new charges would delay the trial.

If convicted, Kent faces up to life in prison and a fine of up to $250,000. He is the first federal judge to be indicted in the last 18 years.

Kent initially faced two counts of abusive sexual contact and one count of attempted aggravated sexual abuse following a U.S. Justice Department investigation into complaints by case manager Cathy McBroom.



Calif. court sides with Episcopals over property
Legal Business | 2009/01/06 09:03
The state's high court ruled Monday that three Southern California parishes that left the U.S. Episcopal Church over its ordination of gay ministers cannot retain ownership of their church buildings and property.

In an unanimous decision, the California Supreme Court ruled that the property belongs to the Episcopal Church because the parishes agreed to abide by the mother church's rules, which include specific language about property ownership.

St. James Church in Newport Beach, All Saints Church in Long Beach and St. David's Church in North Hollywood pulled out of the 2.1 million-member national Episcopal Church in 2004 and sought to retain property ownership.

Each church held deeds in their names to the property. The court ruled that Episcopal Church canons made it clear the property belonged to the individual parishes only as long as they remained part of the bigger church.

"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Supreme Court Justice Ming Chin wrote for the seven-member court.

The 2003 ordination of an openly gay bishop in New Hampshire set off a wide-ranging debate within the church and upset conservative congregations. Since then, four dioceses and about 100 individual churches have split and set off bitter religious and legal feuds over church doctrine and division of property.



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