High court asked to undo Mont. campaign money ban

Court Watch 2012/02/10 09:28   Bookmark and Share
Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.

Three groups filed papers with Justice Anthony Kennedy on Friday, saying that the Montana court's decision in December is out of step with Kennedy's majority opinion in the 2010 Citizens United case that struck down a federal ban on independent campaign spending.

The American Tradition Partnership and two other groups sued soon after the 2010 decision to overturn Montana's century-old corporate spending ban. But the state Supreme Court said the Montana law could remain in place because it was a response to political corruption and allows for some corporate spending.
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More charges filed in Los Angeles arsons case

Court Watch 2012/01/25 09:46   Bookmark and Share
A German man pleaded not guilty Tuesday to additional charges accusing him of setting nearly 50 fires, mostly to parked cars, which terrorized parts of Los Angeles over the New Year's weekend.

Deputy Public Defender Gustavo Sztraicher entered the plea in Superior Court on behalf of Harry Burkhart, who spoke only to identify himself and acknowledge that he understood the legal process.

Bail was set at $7.5 million, and Burkhart was scheduled to return to court March 1.

Outside court, Sztraicher had no comment.

Earlier in the day, the criminal complaint against Burkhart was amended to include a total of 100 arson-related counts involving 49 fires in Hollywood, West Hollywood and the San Fernando Valley. If convicted, the 24-year-old faces more than 80 years in state prison.

The rash of fires left residents on edge between Dec. 30 and Jan. 2 as parked cars were torched during the night. Some of the fires spread to carports and nearby buildings, including a former home of Doors singer Jim Morrison, and rousted people from their beds. Another one of the blazes was at the Hollywood and Highland entertainment complex, a popular tourist destination bordered by the Walk of Fame.
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Court Upholds Burlington Man's Murder Conviction

Court Watch 2012/01/16 03:36   Bookmark and Share
The Iowa Supreme Court has overturned an appeals court ruling that threw out the conviction of a Burlington man in his ex-wife's death.

The court ruled Friday that even if the trial court erred in refusing to let a physical therapist testify, the error was harmless in light of the "overwhelming evidence" of guilt.

Dennis Richards was convicted of murder and arson after authorities found Cyd Richards strangled to death in a burning house in 2009.

The appeals court reversed the conviction because the trial court excluded testimony from a physical therapist who would have suggested Richards wasn't strong enough to strangle his ex-wife. A new trial was ordered.

The attorney general's office sought the Supreme Court review.
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Supreme court won't let man appeal murder conviction

Court Watch 2012/01/10 09:36   Bookmark and Share
The Supreme Court won't let a man sentenced to prison for murder appeal his conviction despite his complaints that his window for further consideration was unfairly closed.

The high court on Tuesday upheld the ruling by the 5th U.S. Circuit Court of Appeals in the case of Rafael Arriaza Gonzalez.

Gonzalez appealed his conviction for murder and his 30-year sentence in 2006 but missed one of the state lower court appeals deadlines. The federal courts since then have refused to hear his appeal, saying he filed in federal court one month after the required one-year deadline.

The courts started counting from the day Gonzalez missed the state court deadline, but the inmate said they should have started counting after the Texas courts officially declared his case over.

The high court said that the lower courts had correctly calculated the deadline for Gonzalez to file. Justice Sonya Sotomayor wrote that Gonzalez's one-year deadline to appeal to the federal court began when he missed the state court filing date. Since Gonzalez filed one month after that one-year cutoff, the judgment against him became final, she said.
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Federal court hears case on Arizona ski resort

Court Watch 2012/01/09 10:02   Bookmark and Share
A federal appeals court is hearing arguments in a case that challenges the planned use of reclaimed water for snowmaking at an Arizona ski resort.

The 9th Circuit U.S. Court of Appeals is scheduled to hear the case Monday morning in San Francisco.

The Save the Peaks Coalition and a group of citizens want the U.S. Forest Service to do a more thorough environmental analysis on the health and safety risks of using treated wastewater for artificial snow.

A lower court has ruled that the Forest Service adequately considered the impacts of the snowmaking plan and that the record supported the agency's decision to allow it.

More than a dozen tribes consider the mountain sacred. American Indian tribes argued unsuccessfully in a separate case that the plan violated religious freedom.
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CA court to mull expiration date for clergy abuse

Court Watch 2012/01/05 09:36   Bookmark and Share

California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits.

The case being argued Thursday before the California Supreme Court involves six brothers in their 40s and 50s who allege they were molested by an Oakland priest during the 1970s. The priest, Donald Broderson, was forced to retire amid abuse allegations in 1993.

The Oakland Diocese maintains the men are barred from suing because they did not do so during the one-year window the state Legislature opened in 2003 for such complaints to be filed.

The brothers' lawyers contend the time limit does not apply to them because they did not make the link between their psychological problems as adults and what happened to them as children until 2006.
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