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Court close to seating Blagojevich jury
Court Feed News | 2011/04/28 12:36
Jury selection in the retrial of former Illinois Gov. Rod Blagojevich is entering the home stretch after dragging on for longer than expected.

Thursday should be the last day of questioning of would-be jurors by U.S. District Judge James Zagel. He told attorneys Wednesday that opening arguments would take place Monday.

After a week of jury selection, 42 people are in the pool of potential jurors. Zagel says he only needs a few more before picking the final 12 jurors and six alternates.

One person the judge agreed to dismiss was a woman who had tickets to "The Oprah Winfrey Show." She had worried jury duty would force her to miss it.

Another person bumped was a school teacher who the judge said displayed "terrible grammar" in his questionnaire.


Court: Tribe can't sue in dual courts
Court Feed News | 2011/04/27 13:54

The Supreme Court said Tuesday the Tohono O'Odham Nation cannot press its lawsuit claiming mismanagement of tribal resources in two different federal courts at the same time.

The Arizona-based tribe sued in both U.S. District Court and the U.S. Court of Federal Claims in December 2006, complaining the federal government had mismanaged its reservation lands, mineral resources and income.

The Court of Federal Claims threw out the lawsuit filed in its court, saying it did not have jurisdiction and the two lawsuits were too similar. The U.S. Court of Appeals for the Federal Circuit reinstated the lawsuit, however.

The high court ruled Tuesday in a 7-1 vote to throw out the lawsuit in the Court of Federal Claims again. The tribe's lawsuit in the U.S. District Court was not affected by this ruling.

Justice Ruth Bader Ginsburg dissented, and Justice Elena Kagan did not participate because she was involved with the case as solicitor general.



Court questions limits on use of prescription data
Court Feed News | 2011/04/26 17:15

The Supreme Court cast doubt Tuesday on efforts by states to limit drug manufacturers' use of information about the prescription drugs that doctors like to prescribe.

The court took up a dispute between the state of Vermont and companies that sell doctors' prescribing information to pharmaceutical companies, though without patient names. The drug makers use the data to tailor their pitch to individual doctors.

The Vermont law had prevented the sale of information about individual doctors' prescribing records without the doctors' permission.

But several justices said the so-called data mining law raised troubling constitutional concerns because it appeared to make it harder for brand-name drug makers to state their case, while placing no similar restrictions on the state, insurance companies and others who favor the increased use of cheaper generic medicines.

Chief Justice John Roberts said the Vermont law seemed to be "censoring" what doctors could hear. Justice Ruth Bader Ginsburg said the court has ruled in the past that governments "can't lower the decibel level of one speaker so others can be heard better."

A federal appeals struck down the Vermont law as a restriction on commercial free speech that violates the First Amendment, but another appeals court rejected the constitutional challenge and upheld similar laws in Maine and New Hampshire.



Wis. court recount will cost hundreds of thousands
Court Feed News | 2011/04/26 16:16
County clerks say the Wisconsin Supreme Court recount will cost them at least a half-a-million dollars.

The Associated Press asked clerks in all 72 counties for their anticipated costs. Twenty-two provided cost estimates ranging from $120 in Price County to $500,000 in Milwaukee County. The total cost for the 22 counties was about $570,000.

Final county tallies released earlier this month show challenger JoAnne Kloppenburg down by 7,316 votes to incumbent Justice David Prosser. Kloppenburg demanded a recount last week. The counties must perform it free of charge to Kloppenburg because the margin between the candidates is less than one-half of 1 percent of all votes cast.


Md. court considering same-sex spousal privilege
Court Feed News | 2011/04/25 16:06
A court in Hagerstown is poised to consider whether a woman who legally married her lesbian partner in another jurisdiction can assert the spousal privilege of refusing to testify against her in Maryland, where same-sex marriage isn't allowed.

Lawyers are set to argue their positions Monday during a hearing in a 2010 assault case

Washington County prosecutors want the judge to compel Sharron Saleem to testify about her statement to police that Deborah Snowden pushed her and threatened her with a knife.

A brief filed by Snowden's public defender cites a 2010 opinion by Maryland Attorney General Douglas Gansler that out-of-state, same-sex marriages may be recognized under Maryland law. But Gansler's opinion didn't directly address the question of spousal privilege.


Court denies Va. inmate's lawsuit over beard
Court Feed News | 2011/04/25 14:04
A federal court has denied a Muslim inmate's lawsuit claiming the Virginia prison system violated his religious rights by refusing to allow him to grow a 1/8-inch beard.

William Couch challenged the Department of Corrections' grooming policy that bans long hair or beards.

A federal court in Harrisonburg sided with the department Thursday.

Couch's attorney, Jeffrey Fogel, filed an appeal Monday. He argues the beard is too short to allow Couch to easily change his appearance or hide weapons, which is the department's reason for the policy.

A federal appellate court ruled against a group of inmates who sued the department after the grooming policy was instituted in 1999. Several lived in segregation for more than a decade until the department developed a separate living space for them last year.


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