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Court refuses to take case on coach's team prayer
Court Feed News | 2009/03/02 16:21
The Supreme Court has rejected an appeal from a high school football coach who wants to bow his head and kneel during prayers led by his players despite a school district policy prohibiting it.


In an order Monday, the justices are ending Marcus Borden's fight against the East Brunswick, N.J., school district's policy that forbids him and other staff members from joining in student-led prayer. The federal appeals court in Philadelphia sided with the district.

The high court declined to weigh in on whether Borden's desire to bow his head silently and "take a knee" with his football players violates the Constitution's prohibition on government endorsement of religion. Borden says such gestures are secular.

The school district says Borden, the East Brunswick coach since 1983, had a long history of leading prayers before he was ordered to stop. The district says the issue is whether its policy is constitutional, not Borden's actions.

The 3rd U.S. Circuit Court of Appeals in Philadelphia agreed that the school district policy is constitutional, but the judges differed on what exactly the coach should do when his team prays.

The case is Borden v. School District of the Township of East Brunswick, 08-482.



Court to decide on convict's right to test DNA
Legal Career News | 2009/03/02 16:21
William Osborne, convicted in a brutal attack on a prostitute in Alaska 16 years ago, says a blue condom holds evidence of his innocence or confirmation of his guilt.


Either way, he says, the Constitution gives him the right to test the genetic evidence to find out.

The Supreme Court was to hear arguments Monday on Osborne's case and announcing whether it has accepted any new appeals.

More than 230 people have been exonerated based on DNA tests performed years after their convictions, according to the Innocence Project, a legal group that has sought genetic testing on behalf of hundreds of prison inmates and led the charge to free those who were wrongly convicted.

In many cases, eyewitnesses picked out the wrong man, often with the victim of one race incorrectly identifying someone of a different color. Among the exonerated were people who confessed to crimes, even though they were innocent.

The woman in Alaska was raped, beaten with an ax handle, shot in the head and left for dead in a snow bank near the Anchorage International Airport. The condom that was found nearby was used in the assault, the woman said.



Court hears appeal in freelancers case
Lawyer Blog News | 2009/03/02 12:22
The Supreme Court will consider reviving the $18 million settlement of a dispute involving payment to freelance writers for use of their work online.


The settlement came in a class-action lawsuit filed by the freelancers against publishers and database companies. The 2nd U.S. Circuit Court of Appeals in New York had thrown the agreement out, but the high court on Monday agreed to hear an appeal of that decision.

The proposed settlement covers both freelancers who registered the copyright to their works and those who didn't. The appeals court said courts generally do not have authority over infringement claims on works that have not been copyrighted.

The lawsuit followed a Supreme Court ruling in 2001 that freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations that were produced 15 or more years ago, before freelance contracts provided for the material's electronic use.

The case is Reed Elsevier v. Pogebrin, 08-103.



Enemy combatant indicted in Illinois federal court
Lawyer Blog News | 2009/03/02 10:23
Federal authorities have unsealed an indictment against alleged al-Qaida sleeper agent Ali al-Marri, as the Obama administration considers a new strategy for handling terror suspects.


Al-Marri has been held in a Navy brig outside Charleston, S.C. for more than 5 years since President George W. Bush declared him an enemy combatant.

He will now be transferred to Illinois to face trial in a civilian court on charges of providing material support to terrorism.

Before the indictment, the Al-Marri case was headed to the Supreme Court.

The court is considering whether the president has the authority to order the arrest of terror suspects in the United States and hold them indefinitely without bringing charges.



Alleged terrorist in Ohio faces 20 years in prison
Lawyer Blog News | 2009/02/27 17:35
Nearly six years after the government accused three men of plotting terrorist bombings while sipping refreshments at a suburban Columbus coffee shop, a federal judge was expected to sentence the last of them to a 20-year prison term.


American-born Christopher Paul was to be sentenced Thursday by U.S. District Court Judge Gregory Frost after pleading guilty in June to one count of conspiracy to use a weapon of mass destruction in terrorist attacks.

Paul, 44, was accused of joining al-Qaida in the early 1990s and helping teach fellow Muslim extremists how to bomb U.S. and European targets. Prosecutors agreed to drop charges of providing material support to terrorists and conspiracy to provide support to terrorists.

The Justice Department accused Paul and two other men of discussing terrorist attacks during an August 2002 meeting at the Caribou Cafe coffee shop in Upper Arlington.

The other two also pleaded guilty: Nuradin Abdi in 2007 in connection with an alleged plot to blow up an Ohio shopping mall, and Iyman Faris in 2003 in connection with an alleged plot to destroy the Brooklyn Bridge.



Hedge-fund swindler due in NY court after checkup
Criminal Law Updates | 2009/02/27 17:33
Fresh from a medical exam, a New York hedge-fund cheat is returning to court on charges that he skipped out on a 20-year prison sentence.


Instead of reporting to federal prison last June for bilking millions from his investors, Samuel Israel faked his suicide and took off in an RV for nearly a month before surrendering.

The 49-year-old Israel has spent months getting a physical and psychological checkup at a prison hospital in Ayer, Mass. A federal judge ordered the evaluation to help him decide whether Israel is competent to plead guilty to going on the lam before a court date set for Friday.

The judge refused to accept the plea last year when Israel told him that treatment for his addiction to painkillers had impaired his thinking.



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