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Justices Rule Lab Analysts Must Testify on Results
Court Feed News | 2009/06/26 15:28

Crime laboratory reports may not be used against criminal defendants at trial unless the analysts responsible for creating them give testimony and subject themselves to cross-examination, the Supreme Court ruled Thursday in a 5-to-4 decision.

The ruling was an extension of a 2004 decision that breathed new life into the Sixth Amendment’s confrontation clause, which gives a criminal defendant the right “to be confronted with the witnesses against him.”

Four dissenting justices said that scientific evidence should be treated differently than, say, statements from witnesses to a crime. They warned that the decision would subject the nation’s criminal justice system to “a crushing burden” and that it means “guilty defendants will go free, on the most technical grounds.”

The two sides differed sharply about the practical consequences of requiring testimony from crime laboratory analysts. Justice Anthony M. Kennedy, writing for the four dissenters, said Philadelphia’s 18 drug analysts will now each be required to testify in more than 69 trials next year, and Cleveland’s six drug analysts in 117 trials each.



Court says strip search of Ariz. teenager illegal
Legal Career News | 2009/06/26 15:28
The Supreme Court ruled Thursday school officials violated an Arizona teenage girl rights by strip-searching her for prescription-strength ibuprofen, saying U.S. educators should not force children to remove their clothing unless student safety is at risk.

In an 8-1 ruling, the justices said that Safford Middle School officials violated the Fourth Amendment ban on unreasonable searches with their treatment of Savana Redding. However, the court also ruled that the Arizona school officials cannot be held financially liable for their search.

Redding was 13 when the educators in rural eastern Arizona conducted the search. They were looking for pills — the equivalent of two Advils. The district bans prescription and over-the-counter drugs and the school was acting on a tip from another student.

The school's search of Redding's backpack and outer clothes was permissible, the court said. But the justices said that officials went too far when they asked to search her underwear.



Legal, insurance fees mounting for Metro
Lawyer Blog News | 2009/06/26 15:23

The deadly Metro crash that killed nine people and injured more than 70 is already having a financial effect on the transit system, with legal fees and insurance premiums mounting.

The first of what is expected to be many lawsuits was filed two days after Monday’s crash, with the parents of 15-year-old Davonne Flanagan, who broke a leg, seeking $950,000 from the transit system because of what the suit called its negligence in maintenance and personnel training.

Washington-area lawyers say they have been contacted about representing other victims, and warn there’s no ceiling for the coming onslaught of claims.

“At a minimum, for each of the decedents there will be a nexus of $1 million a piece on them - and that’s conservative,” said lawyer Manuel R. Geraldo, who has been practicing law locally for 30 years.

The District, where the crash occurred, has no cap on damages for personal injury cases, making the cases potentially costly, said Frank Kearney, a D.C. lawyer. Had the crash occurred just a short distance away in Maryland, he said, Metro’s liability in the personal injury cases would be capped at $200,000.

Once the Metro cases go to court, District judges must decide whether Metro is liable and how much money plaintiffs deserve.

“It clearly looks like liability will not be in dispute,” Geraldo said. “The argument is going to be over the nature and extent of the injuries.”

But Robert Enderle, a lawyer with Aschcraft & Gerel, said that if it turned out that faulty equipment was to blame for the crash, the Washington Metropolitan Area Transit Authority could try to blame its manufacturers.

Such lawsuits are typically covered by insurance coverage. But Metro’s board learned Thursday the transit system’s insurance policy was set to expire at midnight Tuesday. Normally the agency would have been able to renew the policy with set costs, but Chief Financial Officer Carol Kissal said the crash would end those rates and bring on higher but yet to be determined insurance premiums.



Accused Holocaust museum shooter not in court
Court Feed News | 2009/06/26 09:29
Prosecutors said Tuesday that a white supremacist accused of opening fire in the U.S. Holocaust Memorial Museum still hasn't recovered enough to appear in court but has been turned over to the District of Columbia's Corrections Department.

Prosecutor Nicole Waid told U.S. Magistrate Judge John Facciola at a hearing that 88-year-old James von Brunn's doctors say he won't be ready for his first court appearance in the shooting until early next week.

Von Brunn faces a first-degree murder charge in the death of museum guard Stephen T. Johns, who had come to open the door for him. Von Brunn was hospitalized after being shot in the face by other guards. The FBI has said he is likely to survive.

Ward gave no specifics about von Brunn's condition, except to say that he can hear and understand information about his case.

Attorneys said he was moved Friday from George Washington University Hospital, where he was taken after the shooting, to the Greater Southeast Community Hospital, where he can be overseen by corrections officials.

Facciola scheduled a hearing with von Brunn for June 30. Von Brunn's court-appointed attorney, A.J. Kramer, said he has been in touch with his client and will let him know about the hearing.



Supremacist blogger accused of threatening judges
Lawyer Blog News | 2009/06/25 15:20
A white supremacist blogger was arrested at his New Jersey home Wednesday and charged with threatening to assault or murder three Chicago-based judges who refused to overturn local ordinances banning handguns.

Hal Turner, 47, a former Internet radio talk show host, was taken into custody by FBI agents who went to his North Bergen home with a search warrant, according to the U.S. attorney's office.

Prosecutors quoted a Turner Internet posting as saying: "Let me be the first to say this plainly: These judges deserve to be killed."

The posting included a map showing the Everett Dirksen Federal Courthouse, where the three judges are based. It said a map showing the judges' homes would later be added.

The posting also referred to the murder of the mother and husband of Chicago-based federal Judge Joan Humphrey Lefkow in February 2005 — a crime that sent shock waves across the nation.

"Apparently, the 7th U.S. Circuit Court didn't get the hint after those killings," the posting said. "It appears another lesson is needed."

U.S. Attorney Patrick J. Fitzgerald announced the arrest, stressing the importance federal officials placed on the case.



Supreme court to decide federal sex offender law
Court Feed News | 2009/06/25 13:20
The U.S. Supreme Court said Monday that it would decide whether Congress may adopt a federal law that keeps sex offenders in custody indefinitely after they complete their prison sentences.

The high court agreed to hear an Obama administration appeal seeking to reinstate a 2006 law providing for the continued detention of "sexually dangerous" convicted federal inmates who have served their prison terms.

A U.S. appeals court based in Virginia struck down the law for exceeding the limits of congressional authority and intruding on police powers Constitution reserves for the states, many of which have similar laws.

The law had been challenged by five inmates who had been kept in custody at a federal prison hospital in North Carolina after their sentences ended.

The U.S. Justice Department said a total of 95 inmates have been identified as possible candidates for post-sentence detention under the law.

In 1997, the Supreme Court ruled the states could confine dangerous sex offenders to mental institutions after they serve their sentences.

Many state laws provide for the commitment under civil law of mentally ill sex offenders who pose a risk of committing more crimes involving children if released into the community.

The federal law defined "sexually dangerous" as someone who suffers from a serious mental illness, abnormality or disorder and would have difficulty in refraining from sexually violent conduct or child molestation, if released.



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