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Court won't revive student's suit over grad speech
Court Feed News | 2009/12/01 12:00

The Supreme Court won't revive a student's lawsuit against a school that punished her for talking about her religion during her high school graduation speech.

The high court on Monday refused to hear an appeal from Erica Corder. She was punished for her 2006 speech at the Lewis-Palmer High School commencement in Monument, Colo.

School officials screened Corder's speech in advance but she changed her text, urging the audience to consider the Christian faith.

The principal made her to write a letter acknowledging the remarks were her personal views before she was given her diploma.

Corder sued, but federal courts threw out her lawsuit. Judges say the school didn't violate her rights because her remarks were school-sponsored, rather than private speech.



Walker gets pay plan for casino debt
Court Feed News | 2009/11/30 18:18

Former NBA All-Star Antoine Walker is promising to pay more than $900,000 to settle bad check charges with three Las Vegas casinos and avoid felony criminal charges.

Las Vegas Justice of the Peace Melanie Andress-Tobiasson approved a deal Monday letting Walker pay almost $13,000 a month over five years.

Restitution and penalties would total $905,050, including $135,000 cash bail already posted following Walker's arrest in July at a Lake Tahoe hotel.

That would settle casino debts incurred between July 2008 and January 2009 at Caesars Palace, Planet Hollywood and the Red Rock Resort in Las Vegas.

Walker wasn't in court. His lawyer, Jonathan Powell, says the 6-foot-9 Walker hopes sign with a team in the U.S. or Europe this season.



Court to consider beach dispute issue
Court Feed News | 2009/11/30 18:17

A dispute over a beach renourishment project along a 6.9-mile stretch in the Florida Panhandle has become the latest property rights case taken up by the U.S. Supreme Court.

The question comes down to who has rights when a state adds tons of sand to a beach that is rapidly eroding away: the adjacent property owners or the government.

The state of Florida, backed by 26 other states and the nation's cities and counties, contends the new sand is public land for everyone's enjoyment.

The Florida property owners say their rights should extend until the beach touches the ocean.

The high court holds oral arguments Wednesday in Washington.



Competency hearing begins in Elizabeth Smart case
Court Feed News | 2009/11/30 18:16

A federal court proceeding is under way in Salt Lake City to determine if the man charged in the 2002 abduction of Elizabeth Smart is mentally competent to stand trial.

The hearing for Brian David Mitchell started Monday in U.S. District Court and is expected to last 10 days.

A ruling from Judge Dale Kimball is not immediately expected. But the decision will direct how the case moves forward — either to a trial or toward treatment that could restore Mitchell's competency.

Federal prosecutors contend the 56-year-old former street preacher is competent.

Defense attorneys counter that Mitchell is unable to defend himself against charges of kidnapping and unlawful transportation of a minor.

Smart was 14 on June 5, 2002, when she was taken from her home at knifepoint. She was found in March 2003.



Court says defendant must be resentenced
Lawyer Blog News | 2009/11/30 15:19

The Iowa Court of Appeals has ruled a Washington County man convicted of shaking his 6-month-old daughter to death must be resentenced.

Jared York was found guilty of child endangerment with bodily injury and involuntary manslaughter. He was sentenced in 2005 to the maximum on both counts for a total of 10 years in prison.

Under Iowa law, a defendant can be convicted of either a public offense or a lesser offense, but not both. The public offense in York's case was child endangerment. The court ruled it was impossible to commit the greater offense without also committing the lesser offense.

The court said the two offenses would merge and there's no clear indication the Legislature intended cumulative punishments, as were given to York.



Polanski stuck in jail; must pay full $4.5M
Lawyer Blog News | 2009/11/30 11:20

Roman Polanski remained in jail Monday, despite visits from his lawyer and a French diplomat, and it was unclear if the director had met Switzerland's demand of a full bail payment of $4.5 million to be released.

The Swiss Justice Ministry declined to say what guarantees Polanski needed to give to be transferred from the jail near Zurich to house arrest at his chalet in the luxury resort of Gstaad.

In addition to bail, the 76-year-old filmmaker must surrender his identity papers and be fitted with an electronic monitoring bracelet. He would not be allowed to leave his property as he awaits a decision on whether he will be extradited to the U.S. for having sex in 1977 with a 13-year-old girl.

"The bail must be wired to a bank account, and the bank must then notify us that it has received the bail," ministry spokesman Folco Galli said. "Nothing happens before that."

The full bail payment is standard practice in Switzerland, Galli said.

That is different from other countries such as the United States, where bail bondsmen often post a percentage of the total payment required by a court.

Polanski has been in Swiss custody since being arrested Sept. 26 on a U.S. warrant as he arrived in Zurich to receive a lifetime achievement award at a film festival. Authorities in Los Angeles want him returned to be sentenced after 31 years as a fugitive.



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