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Ruling changes politics of southern water dispute
Court Feed News | 2011/06/30 11:55

Metro Atlanta started the week under the threat of a court order that could have shut off its main water source for 3 million people, making Georgia the needy neighbor in legal negotiations with neighboring Alabama and Florida.

It ends the week holding some of the best cards at the table.

A ruling Tuesday from a three-judge panel on the 11th U.S. Circuit Court of Appeals struck down an lower court order that would have severely curtailed Atlanta's access to water from Lake Lanier on the Chattahoochee River starting in July 2012 unless the three states struck a deal.

Then the appeals court went even further, saying that Georgia has a legal right to water from the lake.

Those involved in the dispute say the ruling fundamentally strengthens Georgia's hand in the long-running fight with its neighbors over how much water metro Atlanta can take from a watershed serving all three states. Georgia officials have been negotiating under the gun for the last two years because of the looming water cutoff.

"We're in a better position because the court has now removed the 2012 deadline," said Georgia Gov. Nathan Deal, who said he still wants to negotiate a final agreement. Alabama has already said it will appeal the ruling to the full court, while Florida Gov. Rick Scott's office was still reviewing it Wednesday.



Court won't revive Clemens lawsuit against trainer
Court Feed News | 2011/06/28 18:10

The Supreme Court won't revive baseball star Roger Clemens' lawsuit against his former personal trainer for claiming he injected the pitcher with steroids and human growth hormones.

The high court on Tuesday refused to hear an appeal from the seven-time Cy Young winner, who has an upcoming perjury trial in Washington.

The 5th U.S. Circuit Court of Appeals threw out Clemens' defamation suit against his longtime trainer Brian McNamee, saying a Texas federal court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

Clemens wanted that decision overturned, but the high court refused to take up the case.

McNamee said in New York he had injected Clemens with steroids and HGH and repeated those allegations during an interview at his New York home to a writer for SI.com.

Clemens has denied using performance-enhancing drugs, and testified in front of the House Oversight and Government Reform Committee in February 2008 that he never used drugs in his 24-year career.

Prosecutors say that was a lie and have charged him with false statements, perjury and obstruction of Congress. The former pitching star's criminal trial is expected to begin on July 6.



Supreme Court to review warrantless GPS tracking
Court Feed News | 2011/06/27 16:17
The Supreme Court will weigh in on an important privacy issue for the digital age: whether the police need a warrant before using a global positioning system device to track a suspect's movements.

The justices said Monday they will hear the Obama administration's appeal of a court ruling that favored a criminal defendant. The federal appeals court in Washington overturned a criminal conviction because the police had no warrant for the GPS device they secretly installed on a man's car.

Other appeals courts have ruled that search warrants aren't necessary for GPS tracking.

The Justice Department argued that warrantless use of GPS devices does not violate the Fourth Amendment's ban on unreasonable searches. It also said prompt resolution of the divergent court opinions is critically important to law enforcement.

A three-judge panel of Democratic and Republican appointees unanimously threw out the conviction and life sentence of Antoine Jones of Washington, D.C., a nightclub owner convicted of operating a cocaine distribution ring.

Police put the GPS device on Jones' Jeep and tracked his movements for a month. The judges said the prolonged surveillance was a factor in their decision.


Court docs say Clayton Co. daycare worker lied about child death
Court Feed News | 2011/06/26 21:06
Court documents indicate a Clayton County day care operator and a staffer falsified records involving the death of 2-year-old Jazmin Green.

Green died Monday after being left in a hot van outside Marlo's Magnificent Early Learning Center in Jonesboro after a field trip.

An affidavit obtained by The Atlanta Journal-Constitution says a checklist certifying that all children had been removed from the van was filled out before the van arrived at the center.

The affidavit was filed in connection with the arrests of center administrator Marlo Fallings, her daughter Quantabia Hopkins and a juvenile assistant.

It suggests that an hour or more elapsed between when center personnel realized that Jazmin was missing and when they phoned 911.

The women's attorney, Bruce Harvey, denied that Fallings and Hopkins falsified documents.


Suspect in NY fire pleads not guilty
Court Feed News | 2011/06/24 15:03

An 18-year-old student has pleaded not guilty to attempted murder in a case that has brought unusual attention to a Hasidic Jewish enclave in New York.

Shaul Spitzer of New Square is accused of severely burning a neighbor, Aron Rottenberg, with gasoline on May 22. Rottenberg claims Spitzer was acting at the direction of the village's chief rabbi because Rottenberg had stopped praying at the rabbi's synagogue.

Spitzer was arraigned Friday in Rockland County Court on charges of attempted murder, attempted arson and assault. His lawyer entered not-guilty pleas to all charges. He said outside court that Spitzer did not intend to harm anyone or to burn down Rottenberg's house.

He also said the chief rabbi had no involvement.



Court says lab analyst must testify to own work
Court Feed News | 2011/06/23 12:34

The Supreme Court says that the lab analyst who testifies at a criminal trial must be the one who performed or witnessed the lab tests in question, the latest decision bolstering the constitutional requirement that defendants be able to confront witnesses against them.

In a 5-4 decision Thursday, the court ruled in favor of a New Mexico man convicted of drunken driving who objected when the supervisor of a lab analyst testified about a lab report showing the amount of alcohol in his blood.

The ruling reversed a New Mexico Supreme Court decision in the state's favor.



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