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When the U.S. Supreme Court meets Monday to decide Troy Anthony Davis' fate, its nine justices face a fairly straightforward question: Is there sufficient doubt about Davis' guilt to warrant further scrutiny of his case?
Davis needs four justices to vote 'yes.' Otherwise, his execution, halted by the high court less than two hours before it was to be carried out Tuesday evening, will be rescheduled. The court is expected to announce its decision Oct. 6.

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IRDWOOD, ALASKA -- There is no shortage of reminders in Ted Stevens' hometown that the 84-year-old dean of Senate Republicans is running for reelection.
Along the road in Girdwood, an oversize campaign sign stands in front of a shop selling candles carved from crude oil into the shapes of bears and otters. Posters are staked into lawns of cabins that dot the yellow birch-filled hillsides. The only thing missing is Stevens -- who is spending seat time in a federal courtroom in Washington, where his corruption trial is unfolding.

The former directors of construction company James Hardie misled investors about their ability to meet their liabilities to compensate asbestos victims, a Sydney court has heard.
A NSW Supreme Court trial of 10 former James Hardie officials began on Monday in a Sydney courtroom packed with asbestos victims with their friends and families.
The Australian Securities and Investments Commission (ASIC) is pursuing civil penalties against the defendants, each of whom is facing maximum penalties of $200,000 and a possible ban from managing a corporation.
Opening ASIC's case, Tony Bannon, SC, said James Hardie executives, including former chief executive Peter Macdonald, bridged their obligations by issuing statements in 2001 claiming the company was able to meet all future compensation claims.
In one example, the company issued a statement to the Australian Securities Exchange (ASX) announcing the formation of its Medical Research and Compensation Fund (MRCF), in which it claimed the foundation had 'sufficient funds to meet all legitimate compensation claims'.
Mr Bannon told the court this 'unequivocal statement' came despite advice to the company that estimating the cost of future compensation liabilities was 'fraught with difficulties'.
In a report written for James Hardie in 1998 by a consultancy firm that spent two years researching asbestos-related compensation liabilities, the company was told that 'future predictions remain difficult'

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Hawaii court dismisses attempt to halt Large Hadron Collider by Rich Bowden - Sep 29 2008, 00:27

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By Mohamed Abdellah
CAIRO (Reuters) - An Egyptian appeals court sentenced the outspoken editor of a local independent daily newspaper to two months in prison on Sunday and the editor said he would show up to serve the sentence.
'I've decided to turn myself in,' Ibrahim Issa, executive editor of the al-Dustour newspaper, told Reuters.
Issa was not present when the verdict was announced, according to court sources.
'I believe this ruling opens the gates of hell to Egyptian journalism. It takes us back to square one,' he said.
Issa was sentenced to six months in jail with labour in March for publishing false news about President Hosni Mubarak's health but was released pending appeal

Not so fast Lifetime.
Turns out there's a bit of a sticky wicket for the plans of the power-to-the-women cable channel to woo Project Runway away from gay-fabulous Bravo, which is owned by NBC. Project Runway is owned by Hollywood powerhouse Harvey Weinstein (Miramax co-founder; hubby of Marchesa label's Georgina Chapman; bought Halston last year).
Friday New York State Supreme Court judge Richard Lowe granted NBC/Universal an injunction that bars Weinstein from moving the franchise to Lifetime, even though the show has already started videotaping for a January debut for the sixth season (Lifetime originally planned on launching their version in November).
NBC's case seems to rest on their assertion that they had 'first right of refusal.'
Weinstein released this statement: 'We are glad that the court held that NBCU cannot exhibit the program on Bravo and that court required NBCU to post a minimum $20 million bond. Obviously we will be appealing and remain committed to our partners.'
Weinstein has always asserted that he did offer NBC the first deal and they were outbid by Lifetime.
NBC says the real problem is that Weinstein made a power-play trying to bundle a bunch of shows the network was not interested in on the basis of Project Runway's success

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Firefighters went to the block of flats about 7am (AEST) after reports a fourth floor unit was alight.
Nord was pulled from his unit by firefighters, who quickly extinguished the blaze and then alerted police after discovering chemicals and explosive devices inside the premises.
Nord now faces charges of damaging property by fire and possessing explosives with the intent to destroy other properties.
He chose not to appear in Parramatta Local Court for a bail hearing.
A police statement of facts tendered to the court said Nord bought 20kg of compounds, including potassium nitrate, chlorine, and sulphur, to make home-made explosives.
He also is accused of having 31 devices suspected to be smoke bombs.
'The accused revealed the ingredients had been purchased by him over the past three months, June to September 2008, in order for him to carry out a plan to cause damage and destruction to the Coles supermarket located at Westfield Shopping Centre at Bondi Junction by setting off a smoke bomb and subsequently burning down the property,' the statement says.
In April 2005, Nord sustained facial injuries during an armed robbery while working at a Coles Express store in Edgecliff, the court was told.
He has not worked since, but has received workers' compensation while remaining on Coles' payroll

Miura to continue court battle in Saipan
The Yomiuri Shimbun

SAIPAN--A lawyer for Kazuyoshi Miura, a 61-year-old former company president currently being detained in Saipan on suspicion of plotting the shooting-related death of his wife in 1981, vowed Saturday to continue the court battle to prevent Miura being extradited to Los Angeles.
Bruce Berline said he informed his client by telephone of a Los Angeles county court's decision to activate an arrest warrant for him.
Meanwhile, Miura has demanded that the decision by the district court of the U.S. Commonwealth of Northern Mariana Islands approving his transfer to Los Angeles be nullified. The attorney vowed to continue the court battle to prevent his client's extradition, saying Miura will need to appear in the district court in Saipan.

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AMSTERDAM (Reuters) - Prosecutors have enough evidence to send two Congolese warlords accused of war crimes to trial but not on all charges, the International Criminal Court (ICC) said on Friday.
The ICC said in a statement there was evidence to prosecute Germain Katanga and Mathieu Ngudjolo for war crimes of attacking civilians, sexual slavery, and rape committed through other persons, and using child soldiers.
The court said there was not enough evidence to try them on other charges of crimes against humanity.
The trial chamber must now set a date for the start of the trial, but it is unlikely it will start this year, said Sonia Robla, head of public information and documentation at the ICC.
The two allied militia leaders are accused of directing an attack in 2003 on the village of Bogoro in the north eastern Congolese district of Ituri, an area long riven by conflict over its rich natural resources including gold, diamonds and oil.
Prosecutors said in June there was evidence that more than 200 children, women, elderly and civilian men were killed in an attack during which women were sexually enslaved in camps and repeatedly raped

4 ballot, which would place a ban on gay marriage in the state Constitution.
To the initiative's backers, nothing less weighty than religious liberty and even the building blocks of society are at stake. To its opponents, the California Marriage Protection Amendment tests nothing more cherished than the American ideals of equality and personal freedom.
All of it is riding on whether voters in the nation's most populous state accept or reject 14 words: 'Only marriage between a man and a woman is valid or recognized in California.'
Proposition 8 is one of three proposed gay marriage bans appearing on ballots around the country this November. It would amend the state Constitution to overturn the California Supreme Court decision earlier this year that legalized same-sex unions.
It will be the first time a marriage amendment goes before voters in a place where same-sex couples - thousands of them since the court's ruling took effect in mid-June - have legally wed.
'There is a sense that this is a potential tipping-point election,' said Jon Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California. 'If voters here accept the concept of same-sex marriage, that will have an effect on the way people think across the country.'
By Election Day, the measure's opponents and supporters expect to spend about $40 million - a large amount for a social issue initiative, according to Matsusaka

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Kazuyoshi Miura has asked the U.S. District Court for the NMI to order Department of Corrections commissioner Lino S. Tenorio to release him from custody.In Miura's petition for a writ of habeas corpus filed on Friday in federal court, attorney Mark B. Hanson asserted that their client's continued detention in the CNMI is in violation of his constitutional rights guaranteed him by the U.S. Constitution.Hanson said the CNMI courts have denied Miura habeas corpus relief and ordered his extradition to California.'The Commonwealth courts' decisions involve an unreasonable application of established federal law,' said Hanson who is among Miura's three lawyers on Saipan.The CNMI courts, he pointed out, erred in their application of U.S

apper performs after court victory
7 hours ago
American rap star Busta Rhymes performed at a charity concert just hours after winning a High Court battle to prevent his deportation.
Rhymes, real name Trevor George Smith Jr, won his race against time to get the legal all-clear to play at Orange RockCorps gig at the Royal Albert Hall.
The 36-year-old rapper was refused permission to enter the UK at London City Airport on Thursday morning because of criminal convictions in the US.

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'It certainly gives impetus to any one who wants more money to assist their loved one who has money with their suicide. I think the implications are enormous.'
The court ruled in favor of Linda and Megan Schunk, the wife and daughter of the late Edward Schunk of Stanley, Wis. He died from a self-inflicted shotgun wound in January 2006 while he was suffering from non-Hodgkin's Lymphoma at age 63.
Under Schunk's will, his wife and teenager daughter were to inherit 80 acres of land, a $100,000 life insurance policy, equipment from his logging company and other money. Edward Schunk also had six older children with different women who were left little or nothing in the estate, valued at $488,000 in 2006, according to court records.
Five of those children challenged the will in court, arguing his wife and daughter helped him commit suicide and therefore should be ineligible to inherit under the law.
The two admitted they drove him home from the hospital on a one-day pass the day he committed suicide but they denied assisting. The other children alleged the two knew he wanted to commit suicide, drove him to a cabin on the property, helped him inside, gave him a loaded shotgun and left

The Supreme Court will decide Monday whether it will take Davis' case. If it doesn't, he likely will be executed, despite evidence of his innocence.

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Updated 1:40 p.m. PDT, with comment from Alcatel-Lucent.
A federal appeals court has upheld a lower court ruling that Microsoft need not pay damages to Alcatel-Lucent in a long-running patent dispute in a case that could have opened up a broad range of litigation over the MP3 music format.
The appeals court, in its ruling published Thursday, agreed with a lower court that Microsoft didn't infringe on one patent in question and that Alcatel-Lucent didn't have standing to sue over the other patent.
Microsoft was initially hit with a $1.5 billion verdict in the case

District Judge Michael Davis on Wednesday granted Jammie Thomas' motion for a new trial in the case, brought by the Recording Industry Association of America that alleged she illegally downloaded copywritten material off the peer to peer site Kazaa.
Additionally, the judge urged Congress to redefine the definition of peer-to-peer piracy and prevent exorbitant fines to be levied against other defendants in similar situations, according to his ruling.
Thomas was initially found guilty of downloading 24 songs and ordered her ordered to pay $222,000 to six record companies. That equates to $9,250 per downloaded song. With the order of the new trial, Davis declined to rule on the fine, instead deferring that decision to the next round of litigation.
Davis's declared the mistrial because he said he believes he misled the jury in the initial court case when he told the jury that sharing music was the same as distributing it.
In Jury Instruction 15, he instructed the jury that, 'The act of making copyrighted sound recordings available for electronic distribution on a peertopeer network, without license from the copyright owners, violates the copyright owners' exclusive right of distribution, regardless of whether actual distribution has been shown.'
On May 15, Davis first announced he was considering granting a new trial because the Court may have 'committed a manifest error of law in giving Jury Instruction No. 15.'
Davis then heard oral arguments from attorneys on both sides, with Thomas's attorney arguing that if Jury Instruction No. 15 was, indeed, an error, a new trial should be granted to avoid a miscarriage of justice. After hearing arguments from each side, Judge Davis eventually ruled that he erred in issuing the instruction and arguments were heard about the definition of the word 'distribution.'
The court eventually concluded that if 'simply making a copyrighted work available to the public constituted a distribution, even if no member of the public ever accessed that work, copyright owners would be able to make an end run around the standards for assessing contributor copyright infringement.'
Finally, Judge Davis ruled in favor of a new trial.
'Jury Instruction No

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.Va. court accepts appeals in $400m DuPont case
5 hours ago
CHARLESTON, W.Va. (AP) West Virginia's Supreme Court has agreed to a full review of appeals arising from a nearly $400 million judgment against DuPont.
A Harrison County jury awarded the damages to residents last year, after finding the chemical giant downplayed and lied about health threats at a former zinc smelting plant in Spelter.
The high court accepted DuPont's appeal of the verdicts, and of the circuit judge's order holding it liable for the conduct of the site's previous owner.
They've been combined with an appeal from the plaintiffs, who want more people compensated for private property cleanups.
The consolidated argument hearing has not been set

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BANGKOK, Sept. 25 -- A Thai appeals court Thursday upheld a conviction and two-year jail sentence in a defamation case against Samak Sundaravej, confirming the downfall of the country's former prime minister.

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a. high court says newspaper can protect source
By MARTHA RAFFAELE 1 hour ago
HARRISBURG, Pa. (AP) The Pennsylvania Supreme Court ruled that a newspaper reporter does not need to reveal the identity of a confidential source used in a story about a grand jury investigation into alleged prison brutality.
The 4-1 decision dated Wednesday and released Thursday upholds a lower court ruling that sided with Jennifer Henn and her former employer, the Times-Tribune of Scranton.
Two former Lackawanna County commissioners sued Henn and the paper over a January 2004 story that said they were not cooperative in their appearances before the grand jury.
The Supreme Court said reporters cannot be forced to identify confidential sources a protection granted by the state's Shield Law.
Grand jury proceedings are secret and state law bars prosecutors, court officials or jurors from discussing such investigations

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DENVER -
Judges reviewing the insider trading conviction of former Qwest CEO Joe Nacchio focused Thursday on expert witnesses at Nacchio's 2007 trial.
The 10th U.S. Circuit Court of Appeals concentrated on whether Nacchio's attorneys should've tried harder to have testimony by one of their expert witnesses admitted at trial. The nine-judge panel did not immediately issue a ruling.
Nacchio was convicted last year of insider trading for selling $52 million worth of stock when prosecutors argue he knew Denver-based Qwest Communications International Inc. (nyse: Q - news - people ) was at risk while other investors did not.
In March, a three-judge panel of the appeals court ruled that the trial judge improperly barred testimony from a defense witness

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Gov. Janet Napolitano on Tuesday appointed two Maricopa County Superior Court judges to the Arizona Court of Appeals.
Margaret Downie and Peter Swann will both serve in the Appeals Court's Division 1, which is based in Phoenix. A second district is based in Tucson and all state appeals are split between them

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CHARLESTON, W.Va. -
In a case that's caught the eye of Gov. Joe Manchin, West Virginia's Supreme Court is being asked to accept an appeal of a nearly $400 million judgment against chemical giant DuPont.
A Harrison County jury found that DuPont (nyse: DD - news - people ) spent decades downplaying and lying about health threats at a former zinc smelting plant in Spelter.
The damage awards include $130 million to fund a 40-year health screen program for area residents. Another $196 million is meant to punish DuPont for its conduct.
Manchin urged the justices over the summer to accept the appeal

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She went to court, but she won

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); document.write(''); //--> Associated Press
Ariz. court rejects challenge to energy mandates
Associated Press 09.24.08, 7:56 AM ET

aldwin book rails against family court system
1 day ago
SAN FRANCISCO (AP) Alec Baldwin blamed the bitter custody battle between him and ex-wife Kim Basinger in part for the anger and frustration he was feeling when he berated his daughter in a phone message leaked to the media last year.
In the message, Baldwin called the 11-year-old a 'rude, thoughtless little pig.' He was apparently upset that she had missed his phone call.
'I'm disappointed, I'm ashamed to say this: You get angry,' the 50-year-old actor told a crowd Monday of about 120 people at San Francisco's Commonwealth Club, where he was promoting his new book, 'A Promise to Ourselves.' 'I wanted to see my daughter.'
In the book, Baldwin rails against the family court system in Los Angeles, offers advice based on his own experience with divorce litigation and talks about how one parent can turn a child against another parent.
Baldwin said he's apologized to his daughter, Ireland, for the phone message, which he said was wrong and 'horrified' him. But he added that it never should have been released without his permission.
Baldwin has blamed Basinger, 54, for leaking the tape. She has denied the claim

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Supreme Court Stays Execution of Ga. Man

ATLANTA -- The U.S. Supreme Court gave a reprieve Tuesday to a condemned Georgia man, less than two hours before he was to be executed for the 1989 slaying of an off-duty police officer.

kla. judge who used sex device in court disbarred
18 hours ago
OKLAHOMA CITY (AP) The Oklahoma Supreme Court on Tuesday disbarred a former judge who served prison time for using a sexual device while presiding over trials.
Former Creek County District Judge Donald Thompson, 61, was accused of using a 'penis pump' in court and convicted in June 2006 on four counts of indecent exposure.
Thompson was released in April after serving 20 months of a four-year prison term and has had to register as a sex offender. He was suspended from the bar association in late 2006.
The opinion written by Supreme Court Justice John Reif states that discipline less than disbarment has been imposed in cases involving felony convictions

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, ) was notified today that the Kentucky Court of Appeals upheld the air permit for the Thoroughbred Energy Campus. The court reversed the Franklin County Circuit Court's decision to remand the air permit, which was approved by the Secretary of the Energy and Environment Cabinet, the state air permitting agency.

, ) today announced that, on September 19, 2008, the Delaware Chancery Court issued its decision in the shareholder derivative and Loral Skynet noteholder actions pending before the court.

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The stock dipped 21 cents, or 7.1 percent, to $2.76 in afternoon trading. Shares have traded between $2.10 and $5.29 over the last 52 weeks.
On Tuesday, the company said the U.S. District Court for the District of Delaware granted Amgen (nasdaq: AMGN - news - people )'s motion for summary judgment a series of noninfringement claims related to related to Enbrel. The drug is approved as a treatment for arthritis and psoriasis, among other conditions, and is made in partnership with Wyeth.
The court found that the administration of Enbrel falls outside of Ariad's asserted claims

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a. courthouse shooting trial opens, security high
By GREG BLUESTEIN 1 hour ago
ATLANTA (AP) Prosecutors played a haunting audiotape of a 2005 courthouse shooting rampage that left four people dead as they launched their case against the alleged gunman Monday, while his attorneys said he was so deluded he believed he was carrying out a rebellion.
Brian Nichols could face the death penalty for the shootings of a judge, court reporter and sheriff's deputy at the Fulton County Courthouse, and a federal agent later that day. Nichols, 36, has pleaded not guilty by reason of insanity. His lawyers say he couldn't tell right from wrong.
During opening statements in Nichols' oft-delayed trial, Fulton County prosecutor Kellie Hill called him a 'conniving, vicious, cold-blooded, remorseless, evil and extremely dangerous killer' who carefully planned the attack and methodically sought out his targets

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ussian court finds 13 guilty of ethnic killings
By MIKE ECKEL 2 hours ago
MOSCOW (AP) A Moscow court on Monday convicted 12 teenage boys and a man of committing a series of vicious ethnic attacks, including the murder of a chess champion who was a member of Russia's Yakut ethnic group.
The attacks, which were videotaped, set to heavy music and widely disseminated on Web sites, prompted widespread outrage among many Russians and again focused attention on the country's increase in race attacks and hate crimes.
The Moscow City Court sentenced them to prison terms ranging from 4 1/2 years to 10 years after convicting them of crimes including ethnically motivated assault, murder and attempted murder, court spokeswoman Anna Usacheva and city prosecutors said.
The group's oldest member, 20-year-old Ivan Kalinichenko, was ordered to undergo psychiatric treatment in addition to being imprisoned 10 years

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BANGKOK, Sept 22 (Reuters) - A lawyer for a suspected Russian arms dealer urged a court in Thailand on Monday to refuse a U.S. request to hand him over for trial.
U.S. prosecutors say Viktor Bout, arrested in Bangkok in an American sting operation after arriving from Moscow in March, has been trafficking arms since the 1990s, using a fleet of cargo planes to send weapons to Africa, South America, and the Middle East

Superior Court Judge Charlotte Woolard, who had reinstated a jury's murder verdict for the January 2001 attack at a hearing last month, rejected a defense lawyer's request for probation today and said the horrific circumstances of the crime far outweighed Knoller's previous crime-free record.
Woolard said Knoller had not bothered to put a muzzle on her aggressive 140-pound dog before taking him out of the apartment and did not call for help, retrieve a weapon or dial 911 while the animal was mauling Diane Whipple for at least 10 minutes.
Knoller 'left Ms. Whipple in the hallway to die alone,' the judge said. She said Knoller lied repeatedly in grand jury and trial testimony, has never expressed remorse, and 'blamed the victim' in a television interview after the attack.
The 25-minute hearing included a statement from Whipple's partner, Sharon Smith, who looked at Knoller and declared that more than seven years after 'the worst day of my life and the last day of Diane's life, finally there is some justice.'
Knoller, 53, wearing orange jail clothing, looked straight ahead throughout the hearing and did not speak before being led away by guards

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an in court over sisters' murders
12 hours ago
A man has appeared in court charged with the murders of two sisters found dead in the flat they rented.
Mohammed Ali, 28, spoke only to confirm his name and address when he appeared at Birmingham Magistrates' Court charged with murdering Yasmine and Sabrina Larbi-Cherif.
Ali, of Old Snowhill, Birmingham, was charged with two counts of murder

TACOMA, Wash. -
An arrest warrant has been issued for a 21-year-old Spanaway man who failed to show up in Pierce County Superior Court to answer a vehicular homicide charge.
Richard Allen Frazer missed his arraignment Thursday in Tacoma.
He is accused of street racing last October when the other car crashed, killing the 19-year-old driver, Cameron Harbin of Spanaway.
The Tacoma News Tribune reports that Frazer told investigators he saw Harbin lose control but did not call 911.
---
Information from: The News Tribune, http://www.thenewstribune.com

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Galareka Harrison was convicted of stabbing Mia Henderson 23 times with a knife that she had bought before the attack on Sept. 5, 2007.
Both women were Navajo tribal members from northern Arizona.
The Pima County Superior Court jury deliberated about 31/2 hours before reaching the verdict.
Harrison, 19, was also found guilty of three forgery counts and identity theft.
She had no visible expression as the verdicts were read, leaning over and whispering to her lawyer a couple of times. After court recessed, she gave a wan smile, stood up and put on a black jacket before being led out of the courtroom by jailers.
Outside court, Henderson's sobbing parents huddled with family members, consoling one another

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In District of Columbia v. Heller, the Supreme Court ruled that individuals have a Second Amendment right to possess handguns and struck down the District's total ban. The court said that the right to have handguns is not absolute, but it gave scant guidance as to what limitations would be permissible. The District now faces a formidable balancing act in that it must honor the right and protect public safety. Our task is especially daunting since we must work in the shadow of lawsuits and NRA-inspired congressional interference

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The ruling came in a lawsuit filed in 2005 by the American Civil Liberties Union on behalf of Diane Schroer after she was denied a job as a terrorism research analyst at the Library of Congress's Congressional Research Service.
'It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal,' Schroer, 52, of Alexandria, said in a statement released by the ACLU. 'I knew all along that the 25 years of experience I gained defending our country didn't disappear when I transitioned, so it was hard to understand why I was being turned down for a job doing what I do best.'
U.S. District Judge James Robertson found that officials at the Library of Congress had no legitimate reason to deny Schroer the job and said their decision violated the Civil Rights Act's prohibition against sex discrimination.
'Schroer's case indeed rests on direct evidence, and compelling evidence, that the Library's hiring decision was infected by sex stereotypes,' Robertson wrote.
Robertson compared Schroer's plight to that of someone denied a job because she was converting from Christianity to Judaism.
Schroer is a former U.S

Pop star Britney Spears will return to court next month to revisit her ongoing illegal driving case.
The trial was originally scheduled to begin in January but a Los Angeles Superior Court judge ruled in favor of the star's conservatorship attorneys, who charged she was incapable of issuing a deposition at the time due to much-publicized health issues.
Judge T.K. Herman issued the renewed trial date on Thursday, calling on the singer to reappear in court on October 15.
The hearing relates to an incident in August 2007, when Spears scraped a parked car in a private parking lot in California's San Fernando Valley while driving without a valid license.
The hit-and-run charge, which was caught on camera, was dismissed in court in October after Spears offered a personal apology and $1,000 in compensation to the other vehicle's owner, Kim Robard-Rifkin.
But the troubled star is still facing a charge of driving without a valid California driving license, because, at the time of the incident, she was only in possession of a permit from her native Louisiana

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S high court asked to examine case of Qatari terror suspect
7 hours ago
WASHINGTON (AFP) Lawyers for the only 'enemy combatant' jailed in the United States without trial on Friday asked the Supreme Court to examine whether the government has the right to detain indefinitely terror suspects captured on US soil.
If the nine-judge panel agrees to take up the case, it could deliver a stinging rebuke to the administration of President George W. Bush's 'war on terror' policies.
Defense lawyers for Qatari citizen Ali al-Marri, who was arrested in the United States after the September 11, 2001 attacks, have asked the court to consider whether US law allows 'the seizure and indefinite military detention of a person lawfully residing in the United States.'
Marri, they note, is being held 'without criminal charge or trial, based on government assertions that the detainee conspired with Al-Qaeda to engage in terrorist activities,' according to court documents.
The last three times the Supreme Court took up 'war on terror' cases, the rulings were against the government

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money-market fund, was sued for deviating from its objective after exposing investors to losses and writing off $785 million of debt issued by bankrupt Lehman Brothers Holdings Inc.
Investors accused the money-market mutual fund of violating the federal Investment Company Act by deviating from the policy stated in its registration statement, according to a complaint which seeks class-action, or group, status.
It did so by sacrificing preservation of capital and liquidity in pursuit of higher yields,'' according to the lawsuit, filed Sept. 17 in Manhattan federal court. This strategy was exemplified by the fund's disastrous and unreasonable concentration of $785 million (face value) in commercial paper issued by Lehman Brothers.''
Shareholders pulled more than 60 percent of the fund's $64.8 billion in assets in the two days since New York-based Lehman collapsed Sept. 15. Losses on the securities firm's debt forced the fund to break the buck, meaning its net asset value fell below the $1 a share price paid by investors, New York-based Reserve Management Corp., its closely held owner, said on Sept. 16 in a statement.
The fund's spokeswoman, Ming Hatch, declined to comment

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BELLEVUE, Wash., Sept 18, 2008 /PRNewswire-USNewswire via COMTEX/ -- Today's ruling by the Ohio Supreme Court that strikes down a ban on legal concealed carry in public parks was 'a proper decision that upholds the state's concealed carry preemption statute,' the Second Amendment Foundation said.

Court upholds 'Mafia Cops' conviction BY ANTHONY M. DESTEFANO | anthony.destefanonewsday.com 6:33 PM EDT, September 17, 2008

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aris court fines British photographer for Diana-Dodi photos
13 hours ago
PARIS (AFP) A Paris appeals court on Thursday convicted British celebrity photographer Jason Fraser of invasion of privacy by snapping photos of Princess Diana kissing her boyfriend Dodi Fayed on a yacht.
It overturned the not guilty verdict made by another court in 2006 and fined Fraser, as well as the publisher of the France Dimanche weekly which published the pictures in 1997, 3,000 euros (4,300 dollars) each.
Fraser, 41, was also ordered to pay Mohamed Al Fayed, Dodi's father, 5,000 euros in damages

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irginia QB admits probation violation in court
9 hours ago
CHARLOTTESVILLE, Va. (AP) Peter Lalich, the starting quarterback at Virginia for the first two games before he was sidelined by legal trouble, admitted Thursday to violating his probation by drinking, but told a judge he has not recently smoked marijuana.
During a court appearance that was moved up at the request of his attorney, Lalich told General District Court Judge Robert Downer that he misspoke when admitting to his probation officer that he had smoked marijuana since his arrest on July 21 for underage drinking.
He said the results of drug tests he provided to the court backed his claim.
Lalich, 20, was placed in a pre-conviction probation program after being charged with unlawful purchase and possession of alcohol, a misdemeanor. He is scheduled to return to court July 21, 2009, at which time the charge will be dropped if he stays out of trouble.
In a statement distributed by Lalich's attorney, Tim Heaphy, Lalich said he has learned about personal responsibility from his problems and pledged to clean up his behavior.
'My family, the University of Virginia and the court have all given me opportunities to succeed in life,' his statement said

LOS ANGELES (Reuters) - A U.S. appeals court on Wednesday upheld an Arizona law that targets employers who hire illegal immigrants by revoking their licenses to do business in the state.

The U.S. 9th Circuit Court of Appeals noted that the 2007 law, which has not been enforced, arose from 'rising frustration with the United States Congress's failure to enact comprehensive immigration reform.'

Some 12 million illegal immigrants are believed to live in the United States; many work with false papers and the issue of what to do with them has become a political hot potato.

It was not immediately clear whether Arizona would now begin enforcing the law or if its opponents would appeal to the U.S. Supreme Court

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SAN DIEGO - The state discipline organization for judges Tuesday publicly reprimanded Vista Superior Court Judge Lisa Guy-Schall, who pleaded guilty in March to a drunken-driving charge.
The commission said Guy-Schall was arrested Sept. 12, 2007, in Escondido. She was driving south in the northbound lane of Centre City Parkway at Grand Avenue, then turned onto Grand and accelerated into a left-hand turn.
An Escondido police officer pulled her over, and the judge failed field-sobriety tests. She was arrested and a blood test an hour later showed she had a blood-alcohol level of 0.09 percent, above the legal limit of 0.08 percent

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Thai politicians squeezed by the courts: analysts

BANGKOK (AFP) - Thailand's politicians are being forced to face up to a new adversary as an emboldened judiciary increasingly flexes its muscles in the political arena.

However analysts say that it remains to be seen whether the courts will act in an even-handed way and prosecute cases against politicians deemed close to the country's military-backed elites.
Samak Sundaravej's ejection from his post as premier last week for hosting TV cooking shows was the latest example of a new willingness by the courts to get involved in politics.
In the past year, the foreign minister and two other cabinet officials were forced out by courts, a speaker of parliament was convicted of vote fraud, and the wife of former premier Thaksin Shinawatra was found guilty of tax evasion.
Other corruption cases are pending against Thaksin himself, as well as the ministers of finance and labour.
Analysts say that historically the courts have not played an active role in government and their credibility has been undermined by the military which has used them to legitimize coups.
Many of the recent cases stemmed from the new military-backed constitution, passed after the 2006 coup that ousted Thaksin, and they have targetted the former premier's allies in the People Power Party (PPP)

MADISON, Wis. -
An appeals court on Tuesday dismissed a lawsuit that challenged Wisconsin lawmakers' practice of sharing drafts of bills with lobbyists while withholding them from the public.
Former Attorney General Peg Lautenschlager does not have legal standing to continue the case since she left office after losing re-election in 2006, the District 1 Court of Appeals ruled.
Lautenschlager filed suit in 2005 seeking a court order declaring that drafts of bills are public records when lawmakers share them with selected lobbyists and experts. She claimed that practice was a violation of the open records law and gave special interests greater influence than average citizens.
She sued two Republicans - Rep. Scott Gunderson and former Sen

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ouse debates bill to kill D.C. gun restrictions
By JIM ABRAMS 1 hour ago
WASHINGTON (AP) The House took up legislation Tuesday to eliminate most of the gun restrictions in the nation's capital, including a ban on semiautomatic weapons.
City officials contend it will be harder to protect dignitaries but are fighting an uphill battle against the National Rifle Association in an election year.
The House action comes three months after the Supreme Court, in a 5-4 vote, struck down the District of Columbia's ban on handgun possession, ruling that what had been one of the nation's toughest gun control laws violated the Second Amendment right to bear arms.
It is not likely that the vote, which could come late Tuesday or Wednesday, would have an immediate effect on gun ownership in one of the country's more violent cities. The Senate probably won't consider the bill in the few remaining weeks of this session.
But it could bolster the pro-gun credentials of some Democrats from more rural districts who face tough elections in November. The drive to repeal D.C

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In January, the Court ruled that a number of massage chairs marketed and sold by the defendant, namely Premier Health Products' PHP 2024, 2026, 2026w and 2027 massage chairs have infringed the patent at issue, which describes Human Touch's proprietary lower leg massage technology and is used in the footrest portion of some Human Touch massage chairs. The technology has a unique paddle design and movement that provides a multi-dimensional massage around the user's calf and lower leg.

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ST. PAUL, Minn. - Minnesota's first statewide election recount in 46 years will occur at a much faster clip than the last: It's due to take three days compared with 139 days to finish the 1962 tallying.
The state canvassing board has approved the aggressive timetable for the recount to determine who will take on state Supreme Court Justice Lorie Gildea. It's being done quickly because the printing of absentee ballots for the general election begins Monday.
Returns from the Sept. 9 primary had Hennepin County District Court Judge Deborah Hedlund ahead of defense lawyer Jill Clark by 1,348 votes in the chase to face Gildea. That margin was less than one half of one percentage point, triggering the automatic recount

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Bangkok - A Thai court issued a second arrest warrant on Tuesday for deposed Prime Minister Thaksin Shinawatra, who fled to London last month to escape a string of corruption cases at home. The Supreme Court said Thaksin failed to appear in court on Tuesday to acknowledge charges against him in connection with a government loan to Myanmar while he was prime minister. Thaksin and his wife, Pojaman, left Thailand on July 31, telling authorities they were travelling to Japan and then China for the Olympics opening ceremony. Thaksin then failed to appear at a court hearing on August 11 and sent a letter from London saying the couple had fled to the UK because they feared the Thai courts were biased against them.

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An Islamic Sharia court in Nigeria has ordered the detention of the country's most married man for contempt after he failed to follow a court order to divorce all but four of his 86 wives, a court official said Tuesday.
Muhammadu Bello Masaba, 84, appeared before a Sharia court in central Nigeria's Niger state on Monday after his arrest by the police in his home town Bidda, court clerk Usman Egiworo told AFP.
'He was arraigned in the afternoon and charged with incendiary contempt of religious laws and contracting unlawful marriage to 86 wives contrary to sections ..

ST. PAUL, Minn. - A Mankato man accused of injuring his baby boy shortly after the infant was separated from his conjoined twin will have to face an assault charge.
The Minnesota Court of Appeals on Tuesday reinstated the first-degree assault charge against Robert Lee Heck.
A lower court judge had thrown out the charge after questioning evidence brought forward by prosecutors when allegations of abuse were raised regarding the baby, Jordan James.
The appeals court opinion says the Olmsted County judge misapplied the probable cause standard and prosecutors are justified in trying Heck.
In an emergency room, doctors examined the infant and discovered multiple broken bones. It happened after the boy had been released from the Mayo Clinic where he was separated from his twin brother

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And lots of people have done that through history. I did it when the Springbok tour was on, and I didn't break any law, and I protested like mad.
In some Ploughshares' cases courts have taken a liberal view.
In July 2006, an Irish jury acquitted a group of criminal damage to property. Five activists had broken into Shannon Airport in County Clare, beating on an American supply plane with hammers and pouring their own blood over it.
The airport's use as a pitstop for American troops in Iraq was largely unknown in Ireland and the five used the case to highlight what they viewed as complicity in the war machine.
They argued their protest was necessary to prevent worse crimes.
The jury essentially agreed that in the circumstances damaging the plane could not be considered a crime

'The state has to have a compelling interest to show why they should take someone's job for not answering questions about intimate sexual details,' said Charles Sciarra, an attorney who filed the initial brief on behalf of one of the troopers, identified only as Trooper No. 1.
The state Attorney General's Office, which oversees the state police, said in court filings that the investigation is necessary to determine if any of the troopers violated departmental regulations governing off-duty conduct, regardless of the lack of criminal charges.
'Public confidence in law enforcement would be eradicated if the public believed that law enforcement was helpless to investigate allegations of wrongdoing by its members,' Deputy Attorney General Dermot O'Grady argued in front of Cooper last month.
Police officers are held to a higher standard of behavior and thus have a reduced expectation of privacy even when they are not working, O'Grady argued in court. He noted that troopers can be punished for abusing alcohol or otherwise behaving 'to the personal discredit of the member or to the discredit of the Division.'
He also raised the possibility that the troopers might have violated a state police regulation that requires them to aid someone who is helpless

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Consider: Police departments have instituted mandatory arrest and 'zero-tolerance' policies that have swept up many low-level offenders. Juries have convicted defendants on charges without any inkling of the sentencing consequences. The ability of sentencing judges to respond to cases on their individual merits has been sharply curtailed or destroyed by sentencing guidelines and mandatory minimum sentences. And the granting of executive clemency has radically declined, not just in the Bush administration but also in governors' offices around the country.
One might think the courts and the Constitution provide a safeguard against excessive punishment; after all, the Eighth Amendment promises protection against 'cruel and unusual punishments.' But the Supreme Court has interpreted this provision to require great deference to state legislatures. The court, for example, has upheld sentences of 25 years to life and 50 years to life - imposed under California's 'three-strikes' law - for repeat offenders who, respectively, stole three golf clubs from a pro shop and shoplifted nine videotapes from a Kmart.
An exit strategy from this upward spiral of incarceration lies in revitalizing the exercise of mercy. Yes, mercy carries the risk of arbitrariness and discrimination

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WATERBURY, Conn. (AP) Waturbury officials are expanding a program that requires the parents of chronically truant public school students to appear before a probate judge.
A pilot program at two elementary schools during the last school year cut unexcused absences dramatically, said Probate Court Judge Thomas Brunnock.
Brunnock saw the parents of 87 students from the Walsh and Chase elementary schools. Under the program, he had the power to order a variety of remedies for the truancy, including extra tutoring, parenting classes, counseling and drug rehabilitation. Parents who do not comply with his orders can have their guardianship challenged in court

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beki's fate under debate after court ruling
14 hours ago
JOHANNESBURG (AFP) A court judgment implying South African President Thabo Mbeki's government meddled in a graft case against his chief rival will be discussed by the ruling party this week, officials said Sunday.
'We will look into the judgment and the implications thereof,' African National Congress (ANC) secretary-general Gwede Mantashe told AFP, saying there was no specific meeting to discuss Mbeki.
A South African high court on Friday threw out a corruption case against party leader Jacob Zuma, paving a clear route to him becoming the country's president in next year's elections.
Weekend media reported the ANC would discuss Mbeki's future, after the court pointed to 'baleful political influence' in the decision to charge Zuma.
Mbeki would 'be pushed on (to) his sword if he can't fall on his sword,' an unnamed ANC official was quoted as saying in the Sunday Times.
The Sunday Independent reported moves were underway to install Zuma as president without an early election being called, the newspaper said

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MOSCOW, Idaho -
A district court has summoned 150 potential jurors - about three times the normal amount - in the trial of a Washington state man accused of molesting four boys at a Boy Scout camp in northern Idaho.
An Idaho grand jury has indicted 38-year-old Timothy Andrew Kellis on nine counts of lewd conduct, one count of attempted lewd conduct, and two counts of sexual abuse of a child.
Kellis has pleaded not guilty to charges that he abused boys last summer while working as a counselor at the Camp Grizzly Boy Scout camp in Harvard, Idaho. Kellis, a former high school band director from Tumwater, Wash., is now being held at the Latah County Jail in Moscow on a $200,000 bond.
He faces the possibility of life in prison.
Kellis has also been charged with the second-degree rape of a child in Washington, where he previously worked as a high school band director

Published Date: September 15, 2008 By Patrick Falby
Thailand's politicians are being forced to face up to a new adversary as an emboldened judiciary increasingly flexes its muscles in the political arena. However analysts say that it remains to be seen whether the courts will act in an even-handed way and prosecute cases against politicians deemed close to the country's military-backed elites. Samak Sundaravej's ejection from his post as premier last week for hosting TV cooking shows was the latest example of a new willingness by the courts to get involved in politics. In the past year, the foreign minister and two other cabinet officials were forced out by courts, a speaker of parliament was convicted of vote fraud, and the wife of former premier Thaksin Shinawatra was found guilty of tax evasion

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Vernon courthouse this week as part of a celebration honoring Abraham Lincoln

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eenagers in court over stab death
10 hours ago
Two teenagers have appeared in court charged with murdering 18-year-old Dale Robertson, who was stabbed to death after youths clashed at a party.
The two 17-year-olds were arrested following the death of Mr Robertson when trouble flared at a girl's 16th birthday party in Sheffield last Saturday night.
It is thought a large number of youths had attended the party on Rokeby Drive, Parson Cross, in the city, when violence broke out.
Mr Robertson, of Primrose Drive, Ecclesfield, Sheffield, was stabbed in the chest and died from his injuries in hospital.
The two youths, who cannot be named for legal reasons, appeared before Sheffield Magistrates Court for a hearing which lasted only two minutes

In a ruling made public Friday, a state appeals court said the Sacramento County woman has no right to use her husband's frozen sperm to become pregnant because he had made it clear he did not want to father a child posthumously.
If only one spouse has contributed genetic material, 'the intent of the donor' must control its disposition after death, said the Third District Court of Appeal in Sacramento. The situation would be different, the court said, if the dispute involved frozen embryos - fertilized eggs - which would require that both spouses' wishes be considered

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ourt probing deadly Darfur camp attack
By MIKE CORDER 1 day ago
THE HAGUE, Netherlands (AP) Prosecutors at the International Criminal Court may add a deadly attack by Sudanese troops on a Darfur refugee camp last month to a list of war crimes allegations against President Omar al-Bashir.
In an interview Friday, chief prosecutor Luis Moreno-Ocampo told The Associated Press he was checking into reports of the Aug. 25 attack by Sudanese troops on Kalma camp in southern Darfur

At any rate the key issue about the visit would still remain state-to-state relations as Mr Zuma is president in waiting.
The parallels stem from the fact that South Africa and Tanzania both face legal problems that the two state systems, and by implication the two ruling parties, are patently finding it impossible to carry those burdens.
South Africa is putting up a brave face of the rule of law to insist on placing Mr Zuma to a court process for presumed bribes in the most routine of bribe situations, namely military purchases from Europe.
Those who know Mr Zuma thoroughly, or have been writing in South African newspapers about the issue, say his lifestyle predisposed him to such acts.
Issues of lifestyle and how they affect leadership dispositions were in our case raised in relation to the differences that arose between one-time TANU secretary general Oscar Kambona and President Julius K. Nyerere, not in relation to bribes but holding shares in private companies, owning houses for rent, etc.
Chroniclers like Cranford Pratt, a close associate of Mwalimu and first principal of the University College of Dar es Salaam wrote in his study of the rise of a socialist strategy in Tanzania that on the basis of his lifestyle, the entourage around him, extended family ties, etc it was impossible for Mr Kambona to accept the Leadership Code. It was that simple
While South Africa faces the threat of a breakdown of law and order in case the courts go ahead for a formal and fully fledged trial of Mr Zuma, and acutely raising chances of his being found guilty of having received bribes, thus being put aside in the contest to inherit the mantle of the presidency, Tanzania has similar cares

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