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Court: California can force inmates to submit DNA
Court Watch |
2012/02/25 09:46
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A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.
The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.
The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.
The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.
The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.
The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.
Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting. |
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Teen pleads not guilty in Ohio Craigslist killings
Court Watch |
2012/02/17 10:43
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An Ohio teen has pleaded not guilty to killing one man and attempting to kill a second in a deadly Craigslist robbery scheme that targeted older and single out-of-work men.
Brogan Rafferty, his ankles and wrists cuffed, made a brief appearance Friday in adult felony court in Akron on charges originally filed in Noble County, where the case unfolded.
Rafferty, dressed in a white T-shirt and orange jail pants, also has been charged with three counts of aggravated murder in juvenile court in Summit County. Prosecutors eventually hope to merge the cases in adult court in Akron.
A magistrate continued Rafferty's $1 million bond. His attorney says Rafferty cannot afford it.
A onetime mentor of Rafferty, 52-year-old Richard Beasley of Akron, has pleaded not guilty in the killings. |
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Cisco challenges Microsoft takeover of Skype in EU
Court Watch |
2012/02/15 13:01
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Networking company Cisco said Wednesday that it is challenging Microsoft's $8.5 billion takeover of Skype at the European Union's top court to ensure Microsoft won't block other video conferencing services.
Microsoft completed the deal in October shortly after the European Commission, the EU's competition regulator, cleared the takeover. Microsoft Corp. hopes that owning Skype will allow it to better compete with other tech giants including Apple Inc. or Google Inc.
But for Cisco Systems Inc., the world's largest maker of computer networking equipment, the Skype deal creates a serious challenger to its video conferencing systems.
Cisco does not oppose the merger, but believes the European Commission should have placed conditions that would ensure greater standards-based interoperability, Marthin De Beer, the head of Cisco's video conferencing division, wrote in a blog post.
Video conferencing equipment is a relatively small part of Cisco's overall sales, but it's growing rapidly. Cisco's latest major acquisition was of Tandberg, a Norwegian maker of video conferencing equipment. Cisco spent $3.4 billion for the company in 2010. |
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High court asked to undo Mont. campaign money ban
Court Watch |
2012/02/10 09:25
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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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Appeals court halts deportation of 7 immigrants
Court Watch |
2012/02/09 09:53
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A federal appeals court has put the Obama administration's new immigration directive to the test by halting the deportation of seven immigrants alleged to be in the country illegally.
In a 2-1 ruling on Monday, the 9th U.S. Circuit Court of Appeals demanded the Obama administration explain whether the immigrants can avoid deportation because of two memos released last year by U.S. Immigration and Customs Enforcement director John Morton urging prosecutors to use discretion when deciding whether to pursue immigration cases.
Morton's initial memo in June said prosecutors should take into account such factors as U.S. military service, criminal records, family ties and length of stay in the country when deciding whether to start formal deportation proceedings against undocumented immigrants. He issued another in November explaining further how to implement the guidelines.
Since then, though, immigration advocates and lawyers have been complaining that prosecutors have been too slow to call off deportation proceedings of immigrants meeting the criteria. The advocates view the appeals court's rulings as a call to action. |
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Appeals court set to hear Alabama trademark suit
Court Watch |
2012/02/03 03:05
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A federal appeals court is set to hear arguments in the trademark infringement case between sports artist Daniel Moore and the University of Alabama, whose football program is portrayed in a number of his works.
They present their cases to the U.S. 11th Circuit Court of Appeals in Atlanta on Thursday.
The university filed suit in 2005 alleging that Moore violated trademark law in painting scenes from football games by showing Crimson Tide players in their crimson and white uniforms without permission.
The suit also contends that Moore reissued previously licensed prints without paying royalties.
A federal judge's ruling in 2009 found that Moore's paintings and prints were protected but that other items ? like coffee mugs ? weren't. Both sides appealed.
The University of Alabama believes the court ruled correctly when it found that Daniel Moore and his company engaged in activities that infringe on the University's trademarks, university spokeswoman Deborah Lane said in a statement. While we regret the necessity of having to involve the courts in this matter, the lawsuit was necessary since UA must protect the value and reputation of our trademarks, name, colors, indicia and logos, by determining who uses them, as well as when and how they are used.
Moore denied violating trademark laws and said his art constitutes free speech protected by the U.S. Constitution. |
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