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Justices chide California-based appeals court
Court Watch | 2008/12/03 18:53
The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant.

The justices threw out a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals in the case of Michael Robert Pulido, who was convicted for his role in robbing a gas station and killing the defendant.

A U.S. District Court judge set aside Pulido's conviction because the trial judge in the case gave the jury improper instructions.

The high court said in an unsigned opinion that the appeals court ruling affirming the federal judge's action used faulty reasoning. The justices did not reinstate Pulido's conviction.

Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct.

Last month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales.

The case is Hedgpeth v. Pulido, 07-544.



Paralyzed Calif. man loses high court appeal
Court Watch | 2008/11/17 18:50
A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits.

Jarek Molski has been labeled a "vexatious litigant" by federal courts in California because he has filed roughly 400 lawsuits alleging that restaurants and other businesses are in violation of the federal Americans with Disabilities Act. Molski is paralyzed from the chest down and uses a wheelchair.

The justices rejected his case without comment.

Molski frequently complains about the lack of handicapped van parking, counters that are too high, narrow doorways and grab-bars installed too high or low in bathrooms. In addition, he often says he was injured in the course of his visit. Targeted business owners often have settled out of court rather than pay attorneys and take the time to fight the lawsuits.

A federal judge in Los Angeles described the lawsuits as extortion. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the ruling that Molski was an abusive litigant, although it noted that many of the establishments he sued probably were violating federal law.

"On the other hand, the district court had ample basis to conclude that Molski trumped up his claims of injury," the appeals court said.

The case is Molski v. Evergreen Dynasty Corp., 08-38.



Supreme Court wrestles with TV profanity case
Court Watch | 2008/11/04 14:07
The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them.

The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years.

At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then.

The words in question begin with the letters "F" and "S." The Associated Press typically does not use them.

Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force."

Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image.



Chicago torture victims face uphill legal battle
Court Watch | 2008/10/27 19:42
Melvin Jones says he screamed and begged for mercy as Chicago police touched metal clips to his feet and thighs, churned a hand-cranked device and sent shock waves of electricity through his body more than 25 years ago.

He says he was told the torture would stop when he confessed to murder.

Jones is among the dozens of alleged torture victims who have little hope of winning compensation, despite the arrest this week of a former police commander who officials say lied about the abuse.

Some have already completed prison terms for crimes they claim they confessed to only after police beat or electrocuted them. More than 20 remain in prison.

But the indictment of former police Lt. Jon Burge — while a moral victory — is unlikely to spring anyone from prison soon or prompt any quick settlement of claims for damages, lawyers for alleged torture victims say.

The state attorney general's office hasn't agreed to new trials for those claiming coerced confessions and the city opposes paying damages to alleged victims, they say.



Ohio top court mulls Planned Parenthood files
Court Watch | 2008/10/08 07:19
Ohio Supreme Court justices appeared skeptical Tuesday that an abortion clinic's medical records on other patients are relevant to a lawsuit brought by parents of a 14-year-old girl who had an abortion without their consent.

Lawyers for the girl's family argued that the information they seek is necessary to prove that Planned Parenthood of Cincinnati had a pattern of violating Ohio's parental consent law and failing to report abuse. The unusual case pits a single plaintiff against the privacy interests of a decade's worth of patients.

Planned Parenthood attorney Daniel Buckley says the clinic has a legal obligation to protect the privacy of its clients' records.

Charles Miller, an attorney for the parents, told the justices the plaintiffs seek only three facts about other minors treated at the clinic: the girl's age, whether she had a sexually transmitted disease, and whether she entered the clinic pregnant. He said about 200 cases a year would be involved.

Chief Justice Thomas Moyer questioned how any of those three details would advance the family's case for damages.

"Where's the linkage?" he asked.

The court did not indicate when it would rule.

The case involves a girl who was 14 at the time of her abortion in 2004, when the state's parental consent law had not been completely settled by the courts. She had been impregnated by her 21-year-old youth soccer coach, John Haller.

The family's lawsuit accuses the Planned Parenthood clinic of failing to get parental consent, report suspected abuse or to inform the girl of risks and alternatives. It seeks unspecified damages.

Court records say the girl gave Haller's cell phone number as her father's, and clinic officials thought they had reached the father when they called inquiring about parental consent. Haller was later convicted on seven counts of sexual battery.

An appeals court ruled last year that records on other patients weren't necessary for the family's lawsuit.



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