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US Court rules against Helm in suit over ad
Court Feed News |
2012/03/02 17:14
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A New York court says Levon Helm long ago signed away rights that let an advertising agency use the song "The Weight" in a cellphone commercial.
The Band's former drummer and singer sued ad agency BBDO Worldwide Inc. in 2004. An appeals court ruled against him Thursday.
Helm sued after the 1968 classic cropped up in an ad for what was then Cingular Wireless. He said he didn't approve that use.
But the appeals court says the recording contract surrounding the song gave a record label permission to license it to the agency.
Helm lawyer John O'Neill says the contract only gave the label permission to promote the music itself. BBDO's lawyer didn't immediately return a call seeking comment. |
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Court extends NYC church access to public schools
Court Feed News |
2012/03/01 17:58
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A federal appeals court on Wednesday rejected an attempt by New York City to keep churches out of its public schools while a judge decides whether a city law banning them from its school buildings can be enforced.
But the 2nd U.S. Circuit Court of Appeals encouraged a lower court judge to act quickly after she ruled earlier this month that a small Bronx church can continue to meet in a public school for Sunday services, despite the city's threat to begin enforcing its ban on worship services in city schools. She later extended the order to include all of the roughly 40 churches meeting in public schools.
In a two-page order, the appeals court declined the city's request to block U.S. District Judge Loretta A. Preska from preventing enforcement while she hears the merits of a lawsuit brought by the Bronx Household of Faith.
She said the church was likely to win its First Amendment challenge and had demonstrated it would suffer irreparable harm if it could not continue to use Public School 15 for Sunday morning worship services. |
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Court seems split on double jeopardy question
Court Feed News |
2012/02/23 16:38
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The Supreme Court seemed divided Wednesday on whether to allow an Arkansas man to be retried on murder charges even though a jury forewoman said in open court that they were unanimously against finding him guilty.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime. |
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Gay marriage on hold in California
Court Feed News |
2012/02/22 17:39
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Same-sex marriage was on hold in California after opponents petitioned a federal appeals court Tuesday to review a split decision by three of its judges that struck down a voter-approved measure that limited marriage to a man and woman.
Lawyers for the religious and legal groups asked the 9th U.S. Circuit Court of Appeals to rehear the 2-1 decision that declared the ban, known as Proposition 8, to be a violation of the civil rights of gay and lesbian Californians.
If they had not sought reconsideration, the three judges could have ordered the ruling to take effect in another seven days, clearing the way for same-sex marriages to resume in the state.
Instead, same-sex marriages will remain on hold at least until the 9th Circuit decides to accept or reject the rehearing petition. The court does not face a deadline for doing so.
"This gives the entire 9th Circuit a chance to correct this anomalous decision by just two judges overturning the vote of seven million Californians," said Andy Pugno, general counsel for the Protect Marriage coalition.
Legal experts said supporters of the ban could be exhausting all their options before trying to take the case to the Supreme Court. Some experts said the 9th Circuit does not often reverse the decisions of member judges. |
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Court: Rights don't have to be read to prisoners
Court Feed News |
2012/02/21 15:54
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The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave. |
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Teen pleads not guilty in Ohio Craigslist killings
Court Feed News |
2012/02/17 17:35
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An Ohio teen has pleaded not guilty to killing one man and attempting to kill a second in a deadly Craigslist robbery scheme that targeted older and single out-of-work men.
Brogan Rafferty, his ankles and wrists cuffed, made a brief appearance Friday in adult felony court in Akron on charges originally filed in Noble County, where the case unfolded.
Rafferty, dressed in a white T-shirt and orange jail pants, also has been charged with three counts of aggravated murder in juvenile court in Summit County. Prosecutors eventually hope to merge the cases in adult court in Akron.
A magistrate continued Rafferty's $1 million bond. His attorney says Rafferty cannot afford it.
A onetime mentor of Rafferty, 52-year-old Richard Beasley of Akron, has pleaded not guilty in the killings. |
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