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Alabama begins issuing marriage licenses to gay couples
Court News | 2015/02/09 15:39
Alabama began issuing marriage licenses to same-sex couples Monday despite an 11th-hour attempt from the state's chief justice - an outspoken opponent - to block the weddings.

The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages, and shortly after, probate judges began granting the licenses to couples, some of whom had been lined up for hours and exited courthouses to applause from supporters.

"It's about time," said Shante Wolfe, 21. She and Tori Sisson of Tuskegee had camped out in a blue and white tent and became the first in the county given a license.

Most probate judges issued the licenses despite Chief Justice Roy Moore's Sunday night order that they refuse. It was a dramatic return to defiance Moore, who was removed from the post in 2003 for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building. Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional.

Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples.


Judicial candidates' appeals for campaign cash at high court
Court News | 2015/01/20 11:55
The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.

The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.

The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.

A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.

In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.

The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.

In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.


Suspect in trooper shooting case heads to court
Court News | 2015/01/05 15:36
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.

A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.

Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.

Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.

Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.

The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.


US Supreme Court takes case, but plaintiff missing
Court News | 2014/12/31 11:29
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.


Court sides with POM Wonderful in beverage fight
Court News | 2014/12/31 11:28
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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