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SUPREME COURT NOTEBOOK: Sitting out the speech
Court Watch |
2013/02/15 14:41
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While his colleagues got ready to go to the Capitol, Justice Antonin Scalia sat on a stage across town and held forth about why, for the 16th consecutive year, he would not be joining them for the State of the Union.
He doesn't go when a Democrat is president. He stays away when the president is Republican.
"It has turned into a childish spectacle. I don't want to be there to lend dignity to it," Scalia said, with a certain amount of mischief.
The 76-year-old justice has previously made clear his disdain for the event, but Tuesday may have been the first time he did so at nearly the same time as the speech.
The occasion was a talk sponsored by the Smithsonian Associates and moderated by National Public Radio's Nina Totenberg, one of many public appearances by the justices during their winter recess. They will meet in private on Friday and return to the bench on Tuesday.
Lest anyone think the timing of his talk was anything other than a coincidence, Scalia tried to put those thoughts to rest.
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Lindsay Lohan appears in court, trial delayed
Court Watch |
2013/02/01 14:45
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Lindsay Lohan briefly appeared in court Wednesday for the first time in nearly a year and left with a new attorney, new trial date and new judge.
Superior Court Judge Stephanie Sautner shook her head when she saw Lohan seated with her attorney, just months after the judge had warned the "Liz and Dick" star to grow up and stay out of trouble.
The actress was required to attend the pretrial hearing involving three misdemeanor counts filed after a car crash last summer. Lohan has pleaded not guilty to lying to police, reckless driving and obstructing officers from performing their duties.
Sautner previously sent her to jail, placed her under house arrest and forced her to perform morgue cleanup duty in another case.
Sautner warned Lohan on Wednesday that she could face jail time for a possible probation violation, even if she is acquitted of the counts filed after her sports car crashed into a dump truck.
Lohan was on probation at the time of the wreck and could be sentenced to 245 days in jail if a judge determines her actions in the crash were a violation of her sentence in a theft case.
Sautner, however, won't be handling Lohan's upcoming case. The judge said she is retiring before the next court hearing on March 1. Lohan will not be required to attend that hearing. |
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High court asked to throw out oil refinery permit
Court Watch |
2012/10/06 16:07
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Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.
Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.
Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.
Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.
The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. "The board agreed," said Rick Addison, a Dallas-based attorney representing Hyperion. |
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High court to consider drunken driving case
Court Watch |
2012/09/29 11:04
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The Supreme Court will decide when law enforcement officers must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.
The issue has divided federal and state courts around the country and the justices on Tuesday agreed to take up a case involving a disputed blood test from Missouri.
In siding with the defendant in the case, the Missouri Supreme Court said police need a warrant to take a suspect's blood except in special circumstances when a delay could threaten a life or destroy potential evidence.
Other courts have ruled that dissipation of alcohol in the blood is reason enough for police to call for a blood test without first getting a warrant.
The Missouri case was one of six new cases accepted for argument in front of the Supreme Court. The new term begins Monday and the cases probably will be argued in January.
The American Civil Liberties Union, representing Tyler McNeely, said the arresting officer made no effort to obtain a warrant and didn't think he needed one, not that he feared a delay would lower the level of alcohol in McNeely's blood. The ACLU said the case was not a good one for resolving complex issues of science and law.
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Court: Idaho woman can't challenge fetal pain law
Court Watch |
2012/09/14 10:44
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A federal appeals court on Tuesday ended an Idaho woman's challenge of a law banning some abortions that might cause fetal pain, saying she didn't have legal standing to contest it because she wasn't charged with that crime.
The development came in a broader lawsuit filed by Jennie Linn McCormack, who is believed to be the first person in the nation to sue over bans on conducting abortions after 20 weeks of pregnancy based on the premise that the fetus might feel pain. Idaho and several other states have the bans.
However, the court didn't close the door on all challenges to the fetal pain law. McCormack's lawyer, who is also a doctor and her co-plaintiff in the lawsuit, can still fight the ban in federal courts.
The appellate court also ruled Tuesday that some other Idaho abortion laws are likely unconstitutional, including one barring medication-induced abortions.
The decision was largely a win for McCormack, a Pocatello resident who sued Bannock County Prosecutor Mark Hiedeman after she was charged in May 2011 with having an illegal abortion.
Hiedeman alleged that McCormack used drugs she obtained over the Internet to terminate her pregnancy, which was more than five months along. The law requires that health professionals be involved in ending a pregnancy, and it carries a possible five-year sentence for a conviction. |
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Ohio man pleads not guilty to Pitt threat charges
Court Watch |
2012/08/31 10:35
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An Ohio man charged with conspiracy for allegedly claiming to be part of the computer hacking group "Anonymous" and posting a YouTube threat to release confidential computer information belonging to the University of Pittsburgh pleaded not guilty on Tuesday.
Alexander Waterland, 24, of Loveland, Ohio, and his attorney declined comment after his 15-minute arraignment before U.S. Magistrate Judge Maureen Kelly.
A federal grand jury earlier this month indicted Waterland and Brett Hudson, 26, of Hillsboro, Ohio, on charges they posted the threats in April and May. Online court records don't list an attorney for Hudson, who is scheduled to be arraigned in Pittsburgh on Sept. 6. Hudson has previously told The Associated Press he won't comment on the charges.
Although Pitt officials later determined their computer information was never hacked, the threats claimed it was and the FBI determined that Waterland and/or Hudson had downloaded some personal information from students and faculty and emailed some of it to Pitt officials to "prove" the hacking had occurred. |
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