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Court won't hear case of man with porn on computer
Court Feed News | 2009/06/08 13:25
The Supreme Court won't stop Pennsylvania officials from prosecuting a man whose computer was found to contain child pornography while it was at Circuit City being upgraded.


Kenneth Sodomsky wants the high court to suppress the videos found on his computer, which he had taken into a Circuit City in Wyomissing, Penn., to get a DVD burner installed into it. While the computer was in the store, a worker looked through some of the files and found movie files with "questionable" names referring to boys of various ages. The worker then found a video of a hand reaching toward a penis and called the police.

Police seized the computer, obtained a warrant and found child pornography. Sodomsky moved to suppress the discovery, saying the Circuit City employees had no right to search his computer and show any of its contents to police.

A trial judge agreed, but a state appellate court overturned that decision, saying Sodomsky ran the risk of his illegal files being found and viewed by taking the computer out of his house and to the store.

Circuit City Stores Inc. closed the last of its stores in March.



Court steers clear of Ariz. ski resort dispute
Legal Career News | 2009/06/08 12:26
The Supreme Court on Monday turned down an appeal from Indian tribes that wanted to block expansion of a ski resort on a mountain they consider sacred.


The justices said they will not get involved in the dispute between a half-dozen Western tribes and the Arizona Snowbowl ski area north of Flagstaff. The tribes wanted to block the expansion because the resort plans to use treated wastewater to make artificial snow on the mountain.

The tribes have argued that the proposal violates a federal law on religious freedom, but the federal appeals court in San Francisco last year disagreed.

The full 9th U.S. Circuit Court of Appeals in San Francisco said the treated sewage could be used on the ski slopes, reversing the decision of a three-judge panel on the same court. The panel had held earlier that using wastewater on a mountain sacred to the tribes would violate the federal Religious Freedom Restoration Act.

The full court, however, said the tribes will still have full use of the mountain for their ceremonies and the snowmaking would not affect that. No plants would be harmed, no ceremonies would be physically affected and no places of worship would be made inaccessible, the court said.



Laura Bush glad Obama picked woman for high court
Legal Career News | 2009/06/08 11:25
Former first lady Laura Bush says she's pleased that President Barack Obama nominated a woman for the Supreme Court.


"I think she sounds like a very interesting and good nominee," Bush said of Sonia Sotomayor, the federal appeals judge Obama picked.

Mrs. Bush said in an interview broadcast Monday on ABC's "Good Morning America" that "as a woman, I'm proud that there might be another woman on the court. I wish her well." She was interviewed in Dallas, where the Bushes moved after their White House tenure.

On another subject, Mrs. Bush said her husband will have no comment on any Obama decisions. He feels that as a former president, "he owes President Obama his silence on issues and there's no reason to second-guess any decisions he makes," Mrs. Bush said.



US working to win release of journalists in NKorea
Legal World News | 2009/06/07 15:23
The Obama administration is working "through all possible channels" to secure the release of two young women journalists sentenced to 12 years of hard labor in North Korea, the White House said Monday.


The two were found guilty of a "grave crime" against North Korea and of illegally crossing into the reclusive nation's territory, according to North Korea's state-run news agency.

Former U.N. Ambassador Bill Richardson on Monday called the sentencing part of "a high-stakes poker game" and said the time might be right for the United States to work out the release of Laura Ling and Euna Lee with the country's leaders in Pyongyang.

"It is harsher than expected," Richardson said on NBC's "Today" show.

At the White House, deputy spokesman William Burton said in a statement: "The president is deeply concerned by the reported sentencing of the two American citizen journalists by North Korean authorities, and we are engaged through all possible channels to secure their release."

Richardson, who was instrumental in negotiating the release of U.S. citizens from North Korea in an incident in the 1990s, said "the good thing is that there is no charge of espionage." He also said now that the legal process has been completed, he thinks negotiations for their "humanitarian release" can begin.

Richardson said officials of the Obama administration had been in contact with him for his thoughts on how to proceed.



Appeals court to hear argument vs. Chrysler sale
Lawyer Blog News | 2009/06/05 16:49
The decision on whether Chrysler can sell the bulk of its assets to a group led by Italy's Fiat as part of its plan to emerge from bankruptcy protection heads to a federal appeals court Friday.


The 2nd U.S. Circuit Court of Appeals is to hear arguments Friday afternoon from attorneys representing Chrysler LLC, Fiat Group SpA and a trio of Indiana state pension and construction funds, the latter of which say the deal unfairly favors the interests of the company's unsecured stakeholders ahead of those of secured debtholders such as themselves.

Late Tuesday, the appeals court halted the sale pending the Indiana state funds' appeal. Chrysler had hoped to close the sale by the end of this week.

Auburn Hills, Mich.-based Chrysler has maintained that the sale is its only hope of avoiding selling itself off piece by piece. If the sale doesn't close by June 15, Fiat has the option of pulling out of the deal. In addition, production at Chrysler's manufacturing plants remains halted pending the closing of the sale.

The funds, which include the Indiana State Police Pension Fund, the Indiana Teacher's Retirement Fund, and the state's Major Moves Construction Fund, also are challenging the constitutionality of the Treasury Department's use of Troubled Asset Relief Program, or TARP, funds to supply Chrysler's bankruptcy protection financing. They say the Treasury did so without congressional authority.



SC high court orders Gov. Sanford to request money
U.S. Legal News | 2009/06/05 11:50
South Carolina's Supreme Court ordered Gov. Mark Sanford on Thursday to request $700 million in federal stimulus money aimed primarily at struggling schools, ending months of wrangling with legislators who accused him of playing politics with people's lives.


The nation's most vocal anti-bailout governor had refused to take the money designated for the state over the next two years, facing down protesters and legislators who passed a budget requiring him to. While other Republican governors had taken issue with requesting money from the $787 billion federal stimulus package, Sanford was the first to defend in court his desire to reject the money.

But he said Thursday he will not appeal the Supreme Court ruling and plans to sign paperwork to request the money Monday.

Educators quickly hailed the court decision. They had predicted hundreds of teachers would lose jobs and colleges would see steep tuition increases without the money, though sharp budget cuts will still take a toll.

"Finally. It took way too long. It was so unnecessary and took so long to do what 49 other states figured out how to do a long time ago, but finally is better than not at all. It will allow districts to immediately begin to reconstitute programs and fill positions they didn't think they could fill," state Education Superintendent Jim Rex said.

While Sanford raised the issue, it was Casey Edwards, a Chapin High School student graduating Friday, who brought it to the state's highest court. She beamed as she told reporters she "was very excited that our schools and our teachers and our education system will be getting the funds that are so desperately needed here in South Carolina."



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