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Court: No shield law for message boards posters
Lawyer Blog News | 2011/06/07 16:09

The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists.

The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.

The case involved a New Jersey-based software company named Too Much Media. It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.

Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.

New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law.



High court throws out lawsuit against Ashcroft
Lawyer Blog News | 2011/05/31 14:19

The Supreme Court has ruled that former Attorney General John Ashcroft cannot be sued over his role in the post-9/11 arrest of an American Muslim who was never charged with a crime.

By a 5-3 vote Tuesday, the court said Ashcroft did not violate the constitutional rights of Abdullah al-Kidd, who was arrested in 2003 under a federal law intended to make sure witnesses testify in criminal proceedings.

But even the justices who disagreed about the constitutional issue agreed that Ashcroft could not be personally sued for his role in al-Kidd's arrest. The court reversed a federal appeals court ruling that denied Ashcroft immunity from liability in this case.



Court refuses to reconsider Spector's appeal
Lawyer Blog News | 2011/05/28 18:07
An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.

The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.

The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.

They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

Defense lawyer Dennis Riordan said he will be filing an appeal with the California Supreme Court on June 13. Riordan said in an interview the court ignored a central issue of the case.


Wis. DOJ asks court to lift ban on union law
Lawyer Blog News | 2011/05/28 18:07
State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.

Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.

The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.

St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.

He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.

He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation.


Man who bought Ohio St memorabilia is charged
Lawyer Blog News | 2011/05/27 09:45
A tattoo parlor owner who bought Ohio State football memorabilia was charged Friday in federal court with drug trafficking and money laundering, though his attorney said there's no connection with the scandal unfolding over the sale of the items.

Edward Rife will plead guilty to the charges and cooperate with authorities, documents filed in U.S. District Court indicated. The charges and Rife's plea agreement don't mention the sale of the memorabilia.

Rife, 31, will plead guilty to one count of conspiracy to distribute and possess with intent to distribute more than 200 pounds of marijuana, and one count of money laundering, the documents showed. He could face a prison sentence of 20 years although would likely receive much less under federal sentencing rules.

The money laundering charge alleges Rife paid $21,500 for a 2005 Nissan Infinity QX56 with money earned through the alleged drug transactions, according to the documents filed Friday.

Five players, including star quarterback Terrelle Pryor, have been suspended for the first five games this fall for accepting improper benefits from Rife totaling between $12,000 and $15,000.

Coach Jim Tressel is also suspended and is still being investigated for knowing of his players' involvement with Rife and not reporting it to the NCAA or his superiors for more than nine months.

Rife's lawyer said Friday his client is taking responsibility for past mistakes.


Court: Pre-trial motions don't count in deadline
Lawyer Blog News | 2011/05/26 15:46

The Supreme Court says the time used to deal with pretrial motions cannot be used to automatically extend the required deadline for a suspect's speedy trial.

The high court on Thursday refused to grant the government's request to reinstate Jason Louis Tinklenberg's conviction of gun possession by a felon and possession of material used to manufacture methamphetamine.

The Speedy Trial Act says a defendant's trial should begin within 70 days of his indictment or his initial appearance before a judicial officer.

The high court ruled that the time used to dispense with pretrial motions cannot be counted toward the Speedy Trial deadline, upholding the 6th U.S. Circuit Court of Appeals decision to throw out Tinklenberg's conviction.

The appeals court had said that pretrial motions count as an exception when they cause actual delays. But "the filing of a pretrial motion falls within this provision irrespective of whether it actually causes, or is expected to cause, delay in starting a trial," Justice Stephen Breyer wrote the opinion for the court.

He was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Samuel Alito and Sonia Sotomayor. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas joined the decision only in part.



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