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Court: Police can take DNA swabs from arrestees
U.S. Legal News |
2013/06/03 20:52
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A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.
But the four dissenting justices said that the court was allowing a major change in police powers.
"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.
At least 28 states and the federal government now take DNA swabs after arrests. But a Maryland court was one of the first to say that it was illegal for that state to take Alonzo King's DNA without approval from a judge, saying King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches."
But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. |
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Court won't hear challenge to copyright board
U.S. Legal News |
2013/06/01 18:21
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The Supreme Court won't hear a challenge to the authority of the board that sets royalty rates for musical works.
The high court refused Tuesday to hear an appeal challenging the Copyright Royalty Board, a panel of three copyright judges appointed by the Librarian of Congress.
Intercollegiate Broadcast System Inc. said the board should be appointed instead by the president and confirmed by the Senate. They want to have overturned a decision by the board that noncommercial educational webcasters pay an annual fee of $500 per channel for a license authorizing the webcasting of unlimited amounts of music.
The U.S. Circuit Court of Appeals for the District of Columbia Circuit refused to hear their appeal, and the Supreme Court did as well. |
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Los Angeles jeweler pleads guilty in KPMG case
U.S. Legal News |
2013/05/21 20:26
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The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
London, 50, who was fired from KPMG, also is charged with conspiracy and is scheduled to be arraigned next week. |
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Court bars retrial of Michigan arson suspect
U.S. Legal News |
2013/03/04 23:41
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The Supreme Court has ruled that a Michigan defendant cannot be retried for arson even though his initial acquittal was based on a judge's mistake.
The court voted 8-1 Wednesday in favor of Lamar Evans, who was charged with arson after he was seen running away from a burning vacant house in Detroit with a gasoline can in his hand.
A judge acquitted Evans midway through his trial based on a mistaken interpretation of the law.
Justice Sonia Sotomayor said for the court that the acquittal is final, even if granted in error. Justice Samuel Alito dissented. |
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Lindsay Lohan appears in court, trial delayed
U.S. Legal News |
2013/02/01 23:19
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Lindsay Lohan briefly appeared in court Wednesday for the first time in nearly a year and left with a new attorney, new trial date and new judge.
Superior Court Judge Stephanie Sautner shook her head when she saw Lohan seated with her attorney, just months after the judge had warned the "Liz and Dick" star to grow up and stay out of trouble.
The actress was required to attend the pretrial hearing involving three misdemeanor counts filed after a car crash last summer. Lohan has pleaded not guilty to lying to police, reckless driving and obstructing officers from performing their duties.
Sautner previously sent her to jail, placed her under house arrest and forced her to perform morgue cleanup duty in another case.
Sautner warned Lohan on Wednesday that she could face jail time for a possible probation violation, even if she is acquitted of the counts filed after her sports car crashed into a dump truck.
Lohan was on probation at the time of the wreck and could be sentenced to 245 days in jail if a judge determines her actions in the crash were a violation of her sentence in a theft case.
Sautner, however, won't be handling Lohan's upcoming case. The judge said she is retiring before the next court hearing on March 1. Lohan will not be required to attend that hearing. |
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NY court: Lap dances are not art and are taxable
U.S. Legal News |
2012/11/06 19:08
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Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling.
The court split 4-3, with the dissenting judges saying there's no distinction in state law between "highbrow dance and lowbrow dance," so the case raises "significant constitutional problems."
The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes.
The court majority said taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for "dramatic or musical arts performances" that was adopted by the Legislature "with the evident purpose of promoting cultural and artistic performances in local communities."
The majority reached similar conclusions about admission fees to watch dances done onstage around a pole, as well as for lap dances or private dances.
W. Anderson McCullough, attorney for the club, said he and his client were bitterly disappointed by the judges' ruling. |
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