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Court hearing gay marriage arguments from 4 states
Headline News | 2014/08/06 16:59

A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states — Kentucky, Michigan, Ohio and Tennessee - in the biggest such session on the issue so far.

Three judges of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments that pit states' rights and traditional, conservative values against what plaintiffs' attorneys say is a fundamental right to marry under the U.S. Constitution. Large demonstrations are expected outside the courthouse by both opponents and supporters.

Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans. Ohio's case deals only with the state's recognition of out-of-state gay marriages, while Tennessee's is narrowly focused on the rights of three same-sex couples.

Attorneys on both sides in the Michigan and Ohio cases will go first and get a half-hour each to make their cases. Kentucky and Tennessee will follow, with 15 minutes for each side from both states.

A handful of people were at the courthouse Wednesday before it opened to reserve a seat in an overflow room for the hearing, including Frank Colasonti Jr., 61, of Birmingham, Michigan, who said he camped outside the building overnight.

Colasonti said he and his partner of 26 years married this year in Michigan, before a court order halted marriages pending the state's appeal.


Brown appoints legal affairs aide to appeals court
Headline News | 2014/07/29 21:13
Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.

Brown announced the appointment of Jonathan Renner on Friday.

The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.

He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.

The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").

If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court.


Court kills New Jersey bid to block ocean blasting
Headline News | 2014/07/16 17:52
A federal appeals court on Monday cleared the path for seismic testing off the coast of New Jersey that will blast the floor of the Atlantic Ocean with loud noises as part of a climate change research project.

The 3rd Circuit U.S. Court of Appeals rejected New Jersey's request to block the testing off Long Beach Island, which aims to use acoustic research to examine sediment dating back tens of millions of years. The barrier island stretches along the central New Jersey coast for about 18 miles.

Environmentalists, fishing groups and some elected officials oppose the work, saying it could harm or kill marine life including dolphins, turtles and whales. But the groups planning the research say they will do everything possible to minimize disruptions to marine life, including stopping the project when animals are seen nearby.

"Needless to say, we are extremely disappointed with this ruling and the fact that the federal government is pushing it at this time of year," said Larry Hajna, a spokesman for the state Department of Environmental Protection, which had sought a court order to block the testing.


California high court tosses death penalty
Headline News | 2014/07/08 21:26
The California Supreme Court has tossed out the murder conviction and death penalty sentence of a Riverside County man because of juror misconduct.

The high court ruled Monday that Fred Lewis Weatherton didn't receive a fair trial in 2002 because one of the jurors decided and discussed the case before the start of deliberations. The court said Weatherton is entitled to a new trial.

Weatherton was convicted of shooting to death two neighbors during a 1998 robbery in Indio. A third neighbor who was seriously wounded identified Weatherton as the shooter. Investigators also matched footprints at the scene to shoes Weatherton was wearing when he was arrested shortly after the incident.

The Riverside County District Attorney's office said it hasn't decided how it will proceed.


High court poised to decide birth-control dispute
Headline News | 2014/07/01 19:17

The Supreme Court is poised to deliver its verdict in a case that weighs the religious rights of employers and the right of women to the birth control of their choice.

The court meets for a final time Monday to release decisions in its two remaining cases before the justices take off for the summer.

The cases involve birth control coverage under President Barack Obama's health law and fees paid to labor unions representing government employees by workers who object to being affiliated with a union.

Two years after Chief Justice John Roberts cast the pivotal vote that saved the health care law in the midst of Obama's campaign for re-election, the justices are considering a sliver of the law.

Employers must cover contraception for women at no extra charge among a range of preventive benefits in employee health plans.

Dozens of companies, including the Oklahoma City-based arts and crafts chain Hobby Lobby, claim religious objections to covering some or all contraceptives.



High court will hear appeal over illegal threats
Headline News | 2014/06/17 18:11

The Supreme Court will consider the free speech rights of people who use violent or threatening language on Facebook and other electronic media where the speaker's intent is not always clear.

The court on Monday agreed to take up the case of an eastern Pennsylvania man sentenced to nearly four years in federal prison for posting online rants about killing his estranged wife, shooting up a school and slitting the throat of an FBI agent.

A federal appeals court rejected Anthony Elonis' claim that his comments were protected by the First Amendment. He says he never meant to carry out the threats. He claims he was depressed and made the online posts in the form of rap lyrics as a way of venting his frustration after his wife left him.

At his trial, the jury was instructed that Elonis could be found guilty if an objective person could consider his posts to be threatening. Attorneys for Elonis argue that the jury should have been told to apply a subjective standard and decide whether Elonis meant the messages to be understood as threats.

Elonis' lawyers say a subjective standard is appropriate given the impersonal nature of communication over the Internet, which can lead people to misinterpret messages. They argue that comments intended for a smaller audience can be viewed by others unfamiliar with the context and interpret the statements differently than was intended.


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