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Feds rights to baseball drug tests back in court
Legal Career News |
2008/12/19 16:45
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Federal appeals judges voiced skepticism Thursday that prosecutors had the right to seize urine samples of more than 100 major league players not originally involved in the BALCO drug investigation. In a case dealing with the government's search-and-seizure power in the digital age, an 11-member panel of the 9th U.S. Circuit Court of Appeals must decide whether prosecutors legally seized the names and urine samples of 104 players during a raid in April 2004. "There has to be limits when the government seizes vast amount of information on a computer," Major League Baseball Players Association lawyer Elliot Peters said. The federal agents who took the material from the Long Beach-based Comprehensive Drug Testing Inc. had a search warrant for the test results of just 10 players, but discovered on a computer spreadsheet the test results of additional players. The players' association went to court, and lower-court judges ruled the additional names were seized illegally. A three-judge panel of the 9th Circuit reversed those decisions twice in 2-1 votes, but the entire 9th Circuit set the reversal aside and decided to hear the case en banc. |
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Mass. court reprimands judge libeled by newspaper
Legal Career News |
2008/12/18 16:46
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Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper. The Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs. The case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should "get over it." Murphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment. Murphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case. |
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Justices chide California-based appeals court
Legal Career News |
2008/12/02 17:22
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The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant. The justices threw out a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals in the case of Michael Robert Pulido, who was convicted for his role in robbing a gas station and killing the defendant. A U.S. District Court judge set aside Pulido's conviction because the trial judge in the case gave the jury improper instructions. The high court said in an unsigned opinion that the appeals court ruling affirming the federal judge's action used faulty reasoning. The justices did not reinstate Pulido's conviction. Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct. Last month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales. |
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Federal judges to rule on Calif. prison crowding
Legal Career News |
2008/12/01 17:16
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California's day of reckoning has finally come for three decades of tough-on-crime policies that led to overcrowded prisons and unconstitutional conditions for inmates. The federal courts have already found that the prison system's delivery of health and mental health care is so negligent that it's a direct cause of inmate deaths. A special three-judge panel reconvenes Tuesday and is prepared to decide whether crowding has become so bad that inmates cannot receive proper care. If they do, the panel will decide if lowering the inmate population is the only way to fix the problems. That could result in an order to release tens of thousands of California inmates before their terms are finished, a move Gov. Arnold Schwarzenegger and Republican lawmakers say would endanger public safety. "The time has come: The extreme, pervasive and long-lasting overcrowding in California prisons must be addressed," attorney Michael Bien, representing inmates, told the judges during the opening of the trial. Bien and other civil rights attorneys want the panel to order the prison population cut from 156,300 inmates to about 110,000. That still would be above the capacity of California's 33 state prisons, which were designed to hold fewer than 100,000 inmates. |
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Protesters rally near Texas court in dragging case
Legal Career News |
2008/11/17 17:01
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Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist. About 60 people, led by a contingent from the New Black Panther Party and the Nation of Islam, met at the Lamar County Courthouse on Monday to bring attention to the death of Brandon McClelland. The groups later returned with about 200 protesters. Afterward, dozens of people chanting "No justice, no peace!" marched to a nearby church for a meeting. Authorities say two white suspects purposely ran over McClelland, who is black, following an argument on the way home from a late-night beer run in September. McClelland's body was torn apart as it was dragged some 70 feet beneath a pickup truck near Paris, a city about 95 miles northeast of Dallas with a history of tense relations between blacks and whites. The death came 10 years after James Byrd was killed in Jasper, another eastern Texas town. Byrd was chained to the back of a pickup by three white men and dragged for three miles. |
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Supreme Court wrestles with TV profanity case
Legal Career News |
2008/11/06 17:17
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The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them. The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years. At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then. The words in question begin with the letters "F" and "S." The Associated Press typically does not use them. Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force." Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image. |
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