Court weighs warrantless blood tests in DUI cases

Headline Legal News 2013/01/09 20:09   Bookmark and Share
The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.
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Justices won't reinstate award against Hustler mag

Headline Legal News 2012/12/10 14:23   Bookmark and Share
The Supreme Court won't reinstate an award against a racy magazine in a dispute over nude pictures of a model published after she was killed by her professional wrestler husband.

The court turned away a request by the family of Nancy Toffoloni Benoit to reinstate a jury's decision to make Hustler Magazine pay them almost $20 million. The magazine published the photos after she and her son were killed in 2007 by wrestler Chris Benoit.

Benoit's family said Nancy never gave permission to publish the 24-year-old photos, while the magazine said it could print them because they were newsworthy.

The jury's 2011 decision to penalize the magazine $19.6 million was later reduced to $250,000. The award was then thrown out by the 11th U.S. Circuit Court of Appeals.
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Lawyers: Colo shooting suspect can't go to hearing

Headline Legal News 2012/11/15 12:28   Bookmark and Share
A court hearing for the man charged with the Colorado movie theater killings has been postponed after his attorneys said Wednesday that he had been taken to a hospital for unspecified reasons.

Court documents filed Wednesday gave no details of James E. Holmes' condition, other than that it "renders him unable to be present in court for hearing." The hearing had been scheduled to discuss pretrial motions and media requests for information under state open records laws.

At a hearing Wednesday on defense attorneys' request to delay the court date, defense attorney Tamara Brady said Holmes was taken to a hospital Tuesday. She didn't say where or offer details on why, saying attorneys don't want to disclose privileged medical or psychiatric information.

"It's not as simple as a migraine, and it's not something that will resolve by tomorrow morning," she said.

Arapahoe County District Judge William B. Sylvester said that was sufficient information for him and postponed the Thursday hearing until Dec. 10.

Prosecutor Rich Orman had objected, saying the defense should be required to give information on Holmes' condition first.

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Court: Idaho woman can't challenge fetal pain law

Headline Legal News 2012/09/12 10:47   Bookmark and Share
A federal appeals court on Tuesday ended an Idaho woman's challenge of a law banning some abortions that might cause fetal pain, saying she didn't have legal standing to contest it because she wasn't charged with that crime.

The development came in a broader lawsuit filed by Jennie Linn McCormack, who is believed to be the first person in the nation to sue over bans on conducting abortions after 20 weeks of pregnancy based on the premise that the fetus might feel pain. Idaho and several other states have the bans.

However, the court didn't close the door on all challenges to the fetal pain law. McCormack's lawyer, who is also a doctor and her co-plaintiff in the lawsuit, can still fight the ban in federal courts.

The appellate court also ruled Tuesday that some other Idaho abortion laws are likely unconstitutional, including one barring medication-induced abortions.

The decision was largely a win for McCormack, a Pocatello resident who sued Bannock County Prosecutor Mark Hiedeman after she was charged in May 2011 with having an illegal abortion.

Hiedeman alleged that McCormack used drugs she obtained over the Internet to terminate her pregnancy, which was more than five months along. The law requires that health professionals be involved in ending a pregnancy, and it carries a possible five-year sentence for a conviction.

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Ga. county must $4 million to billboard firm

Headline Legal News 2012/09/07 15:25   Bookmark and Share
A Georgia county has been ordered to pay more than more than $4 million in damages and attorney fees to a billboard company as part of its ongoing fight to keep billboards out of Atlanta's northern suburbs.

The Atlanta Journal-Constitution reports that the verdict is the latest blow to Fulton County in its long-running legal battle against billboard companies.

A U.S. District Court in Atlanta jury last month awarded the $3.97 million in damages to KH Outdoor, which sued the county in 2003. Last week, a federal judge ordered the county to pay $477,156 in attorneys' fees and expenses to the company's lawyers.

Adam Webb, a lawyer for the billboard company, declined to comment. Fulton County Attorney David Ware said an appeal by the county "remains a viable option."

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Wash. man due in court in alleged Obama threat

Headline Legal News 2012/08/24 14:16   Bookmark and Share
A Washington state man accused of making an email threat against President Barack Obama and brandishing a shotgun at officers who came to his door is scheduled to appear in federal court.

Secret Service spokesman Brian Leary says 31-year-old Anton Caluori was arrested Tuesday at an apartment in Federal Way for investigation of making threats against the president and assault on a federal officer.

U.S. attorney's spokeswoman Emily Langlie says the threat was sent to a general purpose FBI email address.

A Secret Service agent and a Federal Way police officer went to an apartment, knocked and announced themselves for about three minutes, then found themselves facing a man armed with a shotgun when the door opened.

Leary says Caluori is set to appear at 2 p.m. Wednesday in court.

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