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Idaho gay marriage fight appealed to Supreme Court
Court Watch |
2015/01/05 15:36
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Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage. |
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US Supreme Court takes case, but plaintiff missing
Court News |
2014/12/31 11:29
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When the U.S. Supreme Court agreed to take Bobby Chen's case involving a run-down Baltimore row house razed by the city, it looked past the fact he was too poor to pay the court's filing fee and had no attorney. But now Chen can't be found, something unheard of at the nation's highest court.
The Supreme Court agrees to take less than 1 percent of the roughly 10,000 petitions it receives every year, but it was even rarer for the court to take a case like Chen's. On average, the court takes just 10 petitions a year like his, in which the party making the request is too poor to pay the court's $300 filing fee.
But since the court agreed to take Chen's case in November, he hasn't surfaced. Dec. 22 was Chen's deadline to mail his main legal brief in the case. The court hadn't heard from him as of Tuesday, said Supreme Court spokeswoman Kathy Arberg.
The court's Clerk's Office, which corresponds with parties who have a case before the court, has tried to reach Chen by letter and email. But it's not clear he got the messages, Arberg said. And he didn't list a phone number when he asked the court to take his case. The Associated Press also tried to reach Chen by email, but the message bounced back as undeliverable. Efforts to find a telephone number were also unsuccessful.
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Court sides with POM Wonderful in beverage fight
Court News |
2014/12/31 11:28
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A federal appeals court has sided with juice maker POM Wonderful in a lawsuit over another beverage company's use of the term "pom."
The 9th U.S. Circuit Court of Appeals on Tuesday reversed a lower court ruling that denied POM Wonderful's request for a preliminary injunction against Portland, Oregon-based Pur Beverages.
POM Wonderful argues that Pur Beverages' use of the term "pom" on a pomegranate energy drink is a violation of POM Wonderful's trademarks. A lower court said POM Wonderful was unlikely to succeed in the case and denied the company's request to stop Pur Beverages from selling the drink.
The 9th Circuit disagreed and ordered the lower court to reconsider the preliminary injunction.
Pur Beverages President Robert Hubbard says he still doesn't think POM Wonderful will be granted a preliminary injunction.
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Woman at center of 1961 Supreme Court case dies
Court News |
2014/12/11 11:48
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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RI court hears $60M dispute with Catholic order
Headline Legal News |
2014/12/08 14:19
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The niece of a woman who gave more than $60 million to a now-disgraced Catholic order is asking the Rhode Island Supreme Court to let her sue so the money can go somewhere more deserving.
The court is due to hear arguments Tuesday over lawsuits brought by Mary Lou Dauray against the Legion of Christ, whose founder secretly molested seminarians and fathered three children. Dauray's aunt, Gabrielle Mee, died in 2008 and left everything she owned to the Legion.
A Superior Court judge ruled in 2012 that Douray did not have standing to sue and threw out her lawsuits against the Legion of Christ and Bank of America, which Douray claimed breached its fiduciary duty as the trustee of Mee's estate.
When Judge Michael Silverstein issued that decision, however, he wrote there was evidence that the Legion had exerted undue influence on the widow.
The Legion was founded in 1941 by the late Rev. Marcial Maciel. Documents show Vatican officials knew about his abuse for decades but looked the other way as the conservative order brought in money and vocations. The Vatican took over the Legion in 2010 and launched a reform process which culminated this year with the election of a new government and approval of constitutions.
But priests and followers continue to leave the movement. The Legion announced in October that the college it owned in Smithfield, where Mee once lived as a consecrated member of its lay movement, would close next year. |
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