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Calif. court sides with Episcopals over property
Headline News | 2009/01/06 17:03
The state's high court ruled Monday that three Southern California parishes that left the U.S. Episcopal Church over its ordination of gay ministers cannot retain ownership of their church buildings and property.

In an unanimous decision, the California Supreme Court ruled that the property belongs to the Episcopal Church because the parishes agreed to abide by the mother church's rules, which include specific language about property ownership.

St. James Church in Newport Beach, All Saints Church in Long Beach and St. David's Church in North Hollywood pulled out of the 2.1 million-member national Episcopal Church in 2004 and sought to retain property ownership.

Each church held deeds in their names to the property. The court ruled that Episcopal Church canons made it clear the property belonged to the individual parishes only as long as they remained part of the bigger church.

"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Supreme Court Justice Ming Chin wrote for the seven-member court.

The 2003 ordination of an openly gay bishop in New Hampshire set off a wide-ranging debate within the church and upset conservative congregations. Since then, four dioceses and about 100 individual churches have split and set off bitter religious and legal feuds over church doctrine and division of property.



Blackwater guards to appear in court Tuesday
Legal Career News | 2009/01/06 17:02
Five Blackwater Worldwide security guards are expected to appear in federal court to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad.

The Blackwater guards are scheduled to appear for arraignment Tuesday afternoon in U.S. District Court on manslaughter and weapons charges in the shootings.

Expected to enter not guilty pleas are former Marines Donald Ball of West Valley City, Utah; Dustin Heard of Knoxville, Tenn.; Evan Liberty of Rochester, N.H.; and Army veterans Nick Slatten of Sparta, Tenn., and Paul Slough of Keller, Texas.

A sixth guard — Jeremy Ridgeway of California — has pleaded guilty to one count each of manslaughter, attempted manslaughter, and aiding and abetting. He has agreed to cooperate with investigators.

Prosecutors said the men unleashed a gruesome attack on unarmed Iraqis, including women, children and people trying to escape. But defendants contend they opened fire after coming under attack when a car in a State Department convoy they were escorting broke down.

Blackwater radio logs made available to The Associated Press by a defense attorney in the case last month raised questions about prosecutors' claims that the guards' shooting was unprovoked. The log transcripts describe a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police.

The North Carolina-based Blackwater is the largest contractor providing security in Iraq. Most of its work for the State Department is in protecting U.S. diplomats in Iraq. The company has not been charged in connection with the shooting.



NJ high court hearing case on witness intimidation
Court Feed News | 2009/01/06 17:02
New Jersey's highest court is grappling with one of the thorniest issues facing criminal justice today: what to do in cases where witnesses to a crime have been threatened or intimidated by defendants to the point where they refuse to testify in court.

The issue is a pressing one in areas where intimidation by gang members, drug dealers and other defendants is making potential witnesses afraid they or their loved ones will be harmed or killed if they take the stand.

The state Supreme Court in Trenton heard nearly two hours of arguments Monday on a case that deals with what the state Attorney General's Office calls "the greatest threat" to prosecution in gang, organized crime and domestic violence cases.

The state wants to be allowed let jurors hear the out-of-court statements of witnesses who have been threatened without presenting the witnesses themselves.

But defense lawyers argue that would not be fair to defendants, who have the Constitutional right to confront their accusers in court.

Deputy Attorney General Daniel Bornstein told the court he has read numerous media accounts of witnesses being intimidated or threatened around the state.



Obama names Harvard Dean solicitor general
Law & Politics | 2009/01/05 17:14
President-elect Barack Obama wants the dean at his alma mater, Harvard Law School, to represent the United States before the Supreme Court.

Obama on Monday announced that Harvard Law School Dean Elena Kagan is his nominee for solicitor general. Kagan worked on the University of Chicago Law School faculty at the same time as Obama served on the faculty during the 1990s and at Harvard has won praise for building consensus and for record fundraising.

Obama announced three other leading Justice Department nominations. Washington lawyers David Ogden and Tom Perrelli were chosen as deputy attorney general and associate attorney general. And Indiana University School of Law professor Dawn Johnsen is his choice to be assistant attorney general for the office of legal counsel.



US appeals court: Detainee IDs can be secret
Lawyer Blog News | 2009/01/05 17:14
A federal appeals court has ruled that the government can keep secret the identities of detainees allegedly abused at the Guantanamo Bay prison camp.

The 2nd U.S. Circuit Court of Appeals in Manhattan issued the ruling Monday, reversing a lower court judge.

The appeals court found that the detainees and their families have a privacy interest in their identifying information. The government had argued that the detainees faced possible harm if their identities were revealed.

The appeals court said that The Associated Press, which sought the identities, had not shown how the public interest would be served by disclosing them.

A lawyer for the AP said he would comment after he studies the ruling.



SEC watchdog to be questioned about Madoff scandal
Lawyer Blog News | 2009/01/05 17:12
The Securities and Exchange Commission heard rumblings about Wall Street money manager Bernard Madoff's investment methods nearly a decade ago.

Now a House panel wants to know how, despite those warnings, Madoff continued to operate without an agency investigation.

The Financial Services Committee will question the SEC's internal watchdog Monday, as lawmakers try to learn why the regulatory agency failed to detect an alleged $50 billion investment fraud by Madoff.

Madoff's alleged Ponzi scheme will be a case study for a planned overhaul of laws regulating financial markets, said Rep. Paul Kanjorski, D-Pa., who will chair the hearing.

Witnesses include H. David Kotz, the SEC inspector general. He's already is looking into the agency's failure to uncover the fraud despite several warnings.

Kotz previously said he will examine the relationship between a former SEC attorney and Madoff's niece, who are now married.



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