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Walker gets pay plan for casino debt
Court Feed News | 2009/11/30 18:18

Former NBA All-Star Antoine Walker is promising to pay more than $900,000 to settle bad check charges with three Las Vegas casinos and avoid felony criminal charges.

Las Vegas Justice of the Peace Melanie Andress-Tobiasson approved a deal Monday letting Walker pay almost $13,000 a month over five years.

Restitution and penalties would total $905,050, including $135,000 cash bail already posted following Walker's arrest in July at a Lake Tahoe hotel.

That would settle casino debts incurred between July 2008 and January 2009 at Caesars Palace, Planet Hollywood and the Red Rock Resort in Las Vegas.

Walker wasn't in court. His lawyer, Jonathan Powell, says the 6-foot-9 Walker hopes sign with a team in the U.S. or Europe this season.



Court to consider beach dispute issue
Court Feed News | 2009/11/30 18:17

A dispute over a beach renourishment project along a 6.9-mile stretch in the Florida Panhandle has become the latest property rights case taken up by the U.S. Supreme Court.

The question comes down to who has rights when a state adds tons of sand to a beach that is rapidly eroding away: the adjacent property owners or the government.

The state of Florida, backed by 26 other states and the nation's cities and counties, contends the new sand is public land for everyone's enjoyment.

The Florida property owners say their rights should extend until the beach touches the ocean.

The high court holds oral arguments Wednesday in Washington.



Competency hearing begins in Elizabeth Smart case
Court Feed News | 2009/11/30 18:16

A federal court proceeding is under way in Salt Lake City to determine if the man charged in the 2002 abduction of Elizabeth Smart is mentally competent to stand trial.

The hearing for Brian David Mitchell started Monday in U.S. District Court and is expected to last 10 days.

A ruling from Judge Dale Kimball is not immediately expected. But the decision will direct how the case moves forward — either to a trial or toward treatment that could restore Mitchell's competency.

Federal prosecutors contend the 56-year-old former street preacher is competent.

Defense attorneys counter that Mitchell is unable to defend himself against charges of kidnapping and unlawful transportation of a minor.

Smart was 14 on June 5, 2002, when she was taken from her home at knifepoint. She was found in March 2003.



NY can seize property for new NJ Nets arena
Court Feed News | 2009/11/25 11:58

New York's top court ruled Tuesday that the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn that includes a new arena for the New Jersey Nets.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim the seizure is unconstitutional. They argue that developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

"The constitution accords government broad power to take and clear substandard and insanitary areas for redevelopment," Chief Judge Jonathan Lippman wrote for the majority. "In so doing, it commensurately deprives the judiciary of grounds to interfere with the exercise."

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets. A key element in his plan is selling majority team ownership to Russian entrepreneur Mikhail Prokhorov.



Arizona union challenges law changes on teachers
Court Feed News | 2009/11/24 16:53

The state's largest teachers union is asking the Arizona Supreme Court to rule that recently enacted legislation affecting public school employees is unconstitutional.

A special-action lawsuit filed Monday by the Arizona Education Association challenges legislation dealing with such topics as teachers' seniority rights in layoffs and deadlines for school districts to decide whether to renew contracts.

The AEA contends the legislation approved last summer was illegal on several grounds. The union says it wasn't included as a topic for a special legislative session called on budget matters.

House Speaker Kirk Adams defends the legislation as valid. He says policy determinations are a long-standing part of budget-making.



Ga. high court rules mower isn't a motor vehicle
Court Feed News | 2009/11/24 13:50

A riding lawn mower may have four wheels, a powerful engine and can cost as much as a used car. If it's stolen, however, the Georgia Supreme Court concluded Monday that it's not a motor vehicle.

The 4-3 decision overturned the conviction of Franklin Lloyd Harris, who was convicted of felony motor vehicle theft after he loaded a Toro riding mower in 2006 from a Home Depot in Dalton into his van and sped away. Because Harris was a repeat offender, he was sentenced to 10 years in prison.

Public defender Michael McCarthy told the justices that while Harris should still be charged with theft, he shouldn't be punished as if he had stolen a car. A riding mower is many things, a modern mechanical marvel among them, but McCarthy said it's not a motor vehicle under state law.

Prosecutors countered that the state defines a "motor vehicle" as a "self-propelled" device, and there's no doubt a riding mower meets that standard.

The state's top court agreed, concluding in an 18-page decision that the sentence should be overturned because the purpose of a riding mower is to cut grass, not transport people.



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