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Calif. high court upholds affirmative action ban
Court Feed News | 2010/08/03 15:47

California's high court on Monday upheld the state's 14-year-old law barring preferential treatment of women and minorities in public school admissions, government hiring and contracting.

In a 6-1 ruling, the state Supreme Court rejected arguments from the city of San Francisco and Attorney General Jerry Brown that the law, known as Proposition 209, violates federal equality protections.

Opponents of the ban say it creates barriers for minorities and women that don't exist for other groups, such as veterans seeking preference.

The ruling written by Justice Kathryn Werdegar came in response to lawsuits filed by white contractors challenging San Francisco's affirmative action program, which was suspended in 2003.

"As the court recognized, Proposition 209 is a civil rights measure that protects everyone, regardless of background," said Sharon Browne, a lawyer for the Pacific Legal Foundation, which represented the contractors. "Under Proposition 209, no one can be victimized by unfair government policies that discriminate or grant preferences based on sex or skin color."

If San Francisco wants to resurrect the program, the Supreme Court said it must show compelling evidence the city "purposefully or intentionally discriminated against" minority and women contractors and that such a law was the only way to fix the problem.



US appeals court: Pa. prison can ban Muslim scarf
Court Feed News | 2010/08/03 10:55

Prison officials can ban employees from wearing religious headscarves out of concerns they pose a safety risk, a U.S. appeals court in Philadelphia ruled Monday in a split 2-1 decision.

Prison officials have legitimate concerns the headscarves can hide drugs or other contraband, or be used by an inmate to strangle someone, the majority said.

The ruling dismisses a lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of three Muslim women employed at the Delaware County Prison in suburban Thornton. The EEOC had said they were being forced to compromise their religious beliefs to keep their jobs.

The suit was filed against the Geo Group, a Boca Raton, Fla.-based contractor that formerly operated the facility.

After the prison implemented a ban on hats and headscarves in 2005, nurse Carmen Sharpe-Allen was fired for refusing to remove her headscarf, or khimar, at work. Intake clerk Marquita King and correctional officer Rashemma Moss, after some deliberation, agreed to remove their headscarves on the job.



Jury questioning begins in Anna Nicole Smith case
Court Feed News | 2010/08/02 09:51

Jury questioning is slated to begin Monday in Los Angeles in the drug conspiracy trial of Anna Nicole Smith's doctors and her lawyer-boyfriend.

Superior Court Judge Robert Perry says questionnaires filled out by prospective jurors show most of them know something about the former Playboy model's life and death. Jury questioning will help determine how much they know and what they think about the charges.

Perry hopes to have a panel seated in two days. Opening statements are scheduled for Wednesday.

Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Howard K. Stern have pleaded not guilty to conspiring to illegally provide Smith with massive amounts of opiates and sedatives. They are not charged in her 2007 overdose death in Florida.



2 re-sentencings ordered in $1.9B Ohio fraud case
Court Feed News | 2010/07/29 09:43

A federal appeals court has ordered two executives convicted in a $1.9 billion corporate fraud case to be resentenced.

The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday the government hadn't proved Donald Ayers and Roger Faulkenberry were guilty of money laundering. Their convictions of conspiracy, securities fraud and wire fraud remain in place.

Faulkenberry is serving 10 years in prison, and Ayers is serving 15 years. They were convicted in 2008 with four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors likened the case to the Enron scandal.

The court said the government didn't prove that advances Faulkenberry and Ayers made to medical companies were designed to conceal the money's source.



Ark. mom pleads guilty in trunk deaths of children
Court Feed News | 2010/07/28 08:47

A Springdale woman has been sentenced to six months of work release and fined $2,000 in the heat stroke deaths of her two children who had locked themselves in the trunk of a car.

Twenty-five-year-old Katrina Markley pleaded guilty Monday to two misdemeanor counts of third-degree endangering the welfare of a minor in the deaths of 5-year-old Curtis Markley and 4-year-old Virginia Markley. She was sentenced to six months of work release that involves supervised community service work during the day and nights spent in a barracks-style building at the county jail.

Police say Markley admitted she was on the computer most of the day when her children locked themselves in the trunk of a car in June 2009 and died of heat stroke.



Jury finds Texas man guilty of beheading children
Court Feed News | 2010/07/27 11:50

A South Texas man accused of beheading his common-law wife's three children was found guilty of capital murder Monday at his second trial.

A state appeals court had overturned John Allen Rubio's previous conviction and death sentence in 2007, saying the children's mother had wrongly been allowed to testify. A second jury deliberated for about three hours before convicting him again.

Rubio, 29, of Brownsville, had pleaded not guilty by reason of insanity, and his defense attorneys had argued that the sheer brutality of the crime showed he was not in his right mind. Defense attorney Nat Perez described it during his closing argument as "overkill."

Evidence showed Rubio made increasingly ferocious attempts to kill the children, strangling and stabbing them, then finally cutting off their heads. Rubio initially said he killed the children, all under age 4, because they were possessed.

Police discovered the bodies of 3-year-old Julissa Quesada, 14-month-old John E. Rubio and 2-month-old Mary Jane Rubio on March 11, 2003, in a squalid Brownsville apartment.

Rubio was convicted on four counts of capital murder. Each death was covered by one count, and the fourth count included all of them.

The trial will now move to a punishment phase, in which prosecutors plan to again seek the death penalty.



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