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Discrimination claim appears to divide high court
Lawyer Blog News | 2009/04/23 15:25
A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.


The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

Kennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.



Ex-manager at NJ company sentenced to nearly 6 yrs
Lawyer Blog News | 2009/04/22 15:38
A former plant manager at a New Jersey pipe plant was sentenced Monday to nearly six years in prison in a federal investigation into worker safety violations and pollution of the Delaware River.


John Prisque of Bethlehem, Pa., was sentenced to a 70-month term for convictions of obstructing the investigation into Atlantic States Cast Iron Pipe Co. in Phillipsburg and violating clean water and air regulations. Four others also face sentencing.

In one of the most serious instances, an employee was killed after being crushed by a forklift that prosecutors say had faulty brakes.

Atlantic States is a division of McWane Inc., based in Birmingham, Ala.



Supreme Court limits warrantless vehicle searches
Lawyer Blog News | 2009/04/21 15:50
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.


The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect.

Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence of a crime will be found.

"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.

Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court first authorized warrantless searches immediately following an arrest.

"There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence," Alito said.

Even more confusing, he said, is asking police to determine whether the vehicle contains evidence of a crime. "What this rule permits in a variety of situations is entirely unclear," Alito said.



US Supreme Court to rule on animal cruelty law
Lawyer Blog News | 2009/04/20 14:29
The U.S. Supreme Court said on Monday that it would decide whether a federal law that makes it a crime to sell videos of animals being tortured or killed violates constitutional free-speech rights.


The high court agreed to hear a U.S. Justice Department appeal defending the 1999 animal cruelty law after it was struck down for infringing free-speech protections.

A U.S. appeals court declared the law unconstitutional and overturned the conviction of a Virginia man, Robert Stevens, who sold three videos of pit bulls fighting each other and attacking hogs and wild boars.

His conviction in 2005 was the first in the country under the law. Stevens had been sentenced to 37 months in prison.

By a 10-3 vote, the appeals court rejected the government's argument that, for the first time in more than 25 years, there was a new category of speech not covered by constitutional free-speech protections. Usually, videos and other depictions are protected as free speech, even if they show abhorrent conduct.



Texas executes man who killed woman during robbery
Lawyer Blog News | 2009/04/16 14:41
A Texas parole violator was executed Wednesday for beating and using kitchen tools to kill a 67-year-old woman in her Lubbock apartment.


"I love you all. May the Lord be with you. Peace. I'm done," Michael Rosales said in his brief, final statement.

Three of his brothers were among the witnesses at the injection. No friends or relatives of his victim were present.

Rosales was pronounced dead at 6:17 p.m., eight minutes after the lethal drugs began to flow.

Rosales, 35, confessed to the 1997 slaying of Mary Felder a day after her body was found by her grandson, who routinely checked on her. Rosales told police he was high on cocaine and looking for money when he broke into her home as she slept. She was attacked when she woke up.

Rosales was the 13th Texas prisoner executed this year in the nation's most active capital punishment state.

About 90 minutes before Rosales was scheduled to be taken to the death chamber, the U.S. Supreme Court rejected appeals to delay the lethal injection so Rosales could have more time to assemble a state clemency petition and press claims he may be mentally retarded and therefore ineligible for execution.

Prosecutors argued that deadlines for clemency petitions had passed and that the mental retardation issue already had been reviewed and rejected by the appeals courts, including a federal appeals court which in 2004 had stopped Rosales' then-scheduled execution.

Felder, a grandmotherly presence in the neighborhood where she was known lovingly as "Miss Mary," was pummeled and stabbed with a two-pronged fork and a steak knife. Records show she had 113 wounds, including some from needle-nose pliers.



U.S. asked to stop 'false information' on medical pot
Lawyer Blog News | 2009/04/16 14:40
Reporting from San Francisco and Los Angeles -- Citing "overwhelming" evidence that marijuana eases pain and anxiety for the chronically ill, medicinal pot advocates told a federal appeals panel Tuesday that the federal government should be stopped from spreading "false information" about marijuana.


As was argued in the debate over whether stem cell research should be resumed, Americans for Safe Access cast the Bush administration's opposition to any legalized use of marijuana as being shaped by conservative sentiments instead of hard facts.

President Obama has signaled to Cabinet members that science should be guiding government judgments in controversial matters of medicine and technology, not the prevailing political mood. On Tuesday, however, a government lawyer told three judges of the U.S. 9th Circuit Court of Appeals that the administration wasn't required to explain or retract its statements that marijuana "has no currently accepted medical use."

Marijuana is banned under federal law but is legal for cancer patients and others suffering chronic illnesses in California and a dozen other states. Safe Access sued the federal government under a law that prohibits it from disseminating inaccurate information.


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