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Court turns away appeal over commandments display
Court Feed News |
2011/10/04 17:46
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The U.S. Supreme Court on Monday refused to hear the appeal of an Ohio judge wanting to display a poster of the Ten Commandments in his courtroom.
The display has been covered with a drape since a federal judge ordered Richland County Common Pleas Judge James DeWeese to remove it in October 2009. DeWeese also had posted a label above it bearing the word "Censored."
DeWeese that he is disappointed but knew his effort to get the Supreme Court to hear the case was a long shot, the Mansfield News Journal reported.
"I will probably eventually take the display down," he told the newspaper.
DeWeese hung the poster in his Mansfield courtroom in 2006 after the U.S. Supreme Court let stand lower-court rulings that another Ten Commandment poster he hung in 2000 violated separation between church and state.
The American Civil Liberties Union of Ohio Foundation sued, and the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the display endorsed religious views and was unconstitutional. |
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Court won't hear appeal from software reseller
Court Feed News |
2011/10/03 15:40
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The Supreme Court won't reopen a decision blocking an online merchant from selling unopened secondhand software.
The high court on Monday refused to hear an appeal from Timothy S. Vernor, who wanted to sell unopened software made by Autodesk Inc., on eBay.
The Supreme Court has ruled that copyright holders can't prevent a buyer from reselling or renting a product after an initial sale. That principle, called the first sale doctrine, allows used book and music stores to operate.
But the 9th U.S. Circuit Court of Appeals ruled that the original purchasers of Autodesk were licensees, not owners of the software. The judges said that means the first-sale doctrine didn't apply and Vernor could not resell the software. |
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Appeals court tosses gays in military lawsuit
Court Feed News |
2011/09/30 16:11
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A federal appeals court refused Thursday to decide the constitutionality of the military's now-repealed "don't ask, don't tell" policy banning openly gay troops, saying the issue has been resolved since Americans can enlist and serve in the armed forces without regard to sexual orientation.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco tossed out a lawsuit that had challenged the military policy as a violation of gay service members' civil rights. In doing so, the appeals court also dismissed a Southern California trial judge's year-old ruling that the policy was unconstitutional.
The gay rights group Log Cabin Republicans filed the lawsuit in 2004 challenging the policy. The group's lawyer, Dan Woods, said he would ask the full 9th Circuit to review the panel's decision. |
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Texas mom to plead guilty in death of son in NH
Court Feed News |
2011/09/28 16:31
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A Texas woman accused of killing her 6-year-old son in New Hampshire and disposing of his body in rural Maine will plead guilty to killing him, court officials said.
Forty-two-year-old Julianne McCrery will plead guilty to second-degree murder in the death of her son, Camden Hughes.
Her lawyers did not immediately return messages left by The Associated Press. McCrery pleaded not guilty in May and has since waived all other court appearances.
A Rockingham Superior Court clerk confirmed McCrery has filed a notice of intent to plead guilty and will be sentenced to 45 years to life in prison. No date has been set for her to formally enter her plea.
The discovery of Camden's body under a blanket on a dirt road in South Berwick, Maine, on May 14 launched a nationwide effort to identify him. Even as that effort was under way, McCrery called his Irving, Texas, elementary school daily to report him absent.
Camden died of asphyxiation, according to a medical examiner. He and his mother had stayed in a New Hampshire motel the weekend before his body was discovered. |
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Samsung seeks iPhone, iPad sale ban in Dutch court
Court Feed News |
2011/09/26 11:19
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Samsung asked a Dutch court Monday to slap an injunction on Apple Inc. to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.
The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.
Samsung Electronics Co. lawyer Bas Berghuis told a civil judge at The Hague District Court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones.
Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to "hold Apple hostage" because of Apple's legal battles accusing Samsung of copying its iPhone and iPad designs.
"It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."
Kleemans urged the court to reject the injunction request, saying the patents involved "are not designed to be used as a weapon against Apple."
No date was immediately given for a ruling.
Earlier this month, a court in Duesseldorf, Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 in Germany because its design too closely resembled the iPad2. The ruling only applied to direct sales from the Samsung, meaning distributors who acquire the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal that judgment. |
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Court rules that UBS trader should stay in custody
Court Feed News |
2011/09/22 13:35
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An alleged rogue trader accused of losing Swiss banking giant UBS about $2.3 billion is "sorry beyond words," his lawyer said Thursday, as a judge ordered him to be held in jail until a hearing next month. Kweku Adoboli, 31, is charged with four offenses of fraud and false accounting dating back to 2008 and accused of racking up losses in authorized trades. His arrest a week ago has heaped pressure on UBS Chief Executive Oswald Gruebel and stoked speculation that the bank could get rid of its investment banking operations. At a court hearing in London, prosecuting lawyer David Levy added a new fraud offense to the three previous charges laid against Adoboli, and confirmed that authorities had revised upward the amount allegedly gambled away by the trader to around $2.3 billion. A previous hearing was told the trader was accused of losing $2 billion. Patrick Gibbs, defending Adoboli, said his client — who wore a gray suit, white shirt and dark blue tie — was truly sorry for his actions. "He is sorry beyond words for what has happened here, he went to UBS and told them what he had done, and stands now appalled at the scale of the consequences of his disastrous miscalculations," Gibbs said. Adoboli, who appeared confident and nodded in acknowledgment to a handful of supporters attending the hearing, spoke only to confirm his name, birth date and address. He did not enter any pleas to the charges. |
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