Fugitive treasure hunter to appear in Florida federal court
Court News | 2015/01/30 17:31
A treasure hunter locked in a legal battle over one of the greatest undersea hauls in American history was scheduled to appear in federal court Thursday after two years on the run.

The U.S. Marshals Service captured former fugitive Tommy Thompson at a Hilton hotel in West Boca Raton on Tuesday. The capture was announced Wednesday by Brian Babtist, a senior inspector in the agency's office in Columbus, Ohio, where a federal civil arrest warrant was issued for him in 2012 for failing to show up to a key court hearing. A criminal contempt warrant was unsealed Wednesday.

Thompson had been on the lam for two years, accused of cheating investors out of their share of $50 million in gold bars and coins he had recovered from a 19th century shipwreck.

Thompson made history in 1988 when he found the sunken S.S. Central America, also known as the Ship of Gold. In what was a technological feat at the time, Thompson and his crew brought up thousands of gold bars and coins from the shipwreck. Much of that was later sold to a gold marketing group in 2000 for about $50 million.


Arizona sheriff could face civil contempt hearing in court
Court News | 2015/01/19 22:19
An Arizona sheriff could face a civil contempt hearing in federal court for his office's repeated violations of orders issued in a racial-profiling case.

U.S. District Judge Murray Snow held a telephonic conference Thursday and told Maricopa County Sheriff Joe Arpaio's attorneys that the six-term sheriff may face an April 21-24 hearing.

But a top lawyer with the Arizona chapter of the American Civil Liberties Union said Friday that Snow stopped short of officially ordering the hearing. The judge has given both sides until Jan. 23 to file additional paperwork.

At a Dec. 4 hearing, Snow sent strong signals that he intended to pursue contempt cases that could expose Arpaio to fines and perhaps jail time.

Lawyers for the sheriff didn't immediately return calls for comment on the possible civil contempt hearing.

Dan Pochoda, senior counsel for the Arizona ACLU, said Friday that Arpaio's office could face sanctions or fines for not following court orders and "fines to deter future bad acts and fines to compensate anyone permanently harmed" in the racial-profiling cases.


Nebraska court could hold up Keystone pipeline
Court News | 2015/01/08 21:14
The Republican-led Congress appears ready to approve the Keystone XL oil pipeline, but no matter what actions are taken in Washington, the entire 1,179-mile project could be delayed until Nebraska signs off on the route.

After several years of intense debate, the routing process is before the Nebraska Supreme Court, and depending on how the justices rule, months or years could pass before construction begins in that state.

Even if approval comes from Washington and the high court, opponents are looking for new ways to block the project, including filing a federal lawsuit on behalf of Native American tribes in Nebraska and South Dakota over the possible disruption of Indian artifacts.

The court is considering whether an obscure agency known as the Nebraska Public Service Commission must review the pipeline before it can cross the state, one of six on the pipeline's route. Gov. Dave Heineman gave the green light in 2013 without the involvement of the panel, which normally regulates telephones, taxis and grain bins.

The justices have given no indication when they will render a decision.

President Barack Obama has said he is waiting for the court's decision, and the White House on Tuesday threatened to veto the bill in what was expected to be the first of many confrontations with the new Congress over energy and environmental policy.


Idaho gay marriage fight appealed to Supreme Court
Court News | 2015/01/05 22:48
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.


Woman at center of 1961 Supreme Court case dies
Court News | 2014/12/11 19:01
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.


Sen. Kennedy awarded honorary degree from Harvard
Court News | 2008/12/02 23:10
Saying he has "lived a blessed time," Sen. Edward Kennedy smiled broadly and flashed a thumbs up as he accepted an honorary degree Monday from his alma mater during a rare special convocation at Harvard University.

The 76-year-old senator walked onstage to a standing ovation and leaned lightly on a cane. He made no mention of his battle with cancer but sounded a reflective note toward the end of his eight-minute address.

"We know the future will outlast all of us, but I believe that all of us will live on in the future we make," Kennedy said. "I have lived a blessed time. Now, with you, I look forward to a new time of aspiration and high achievement for our nation and the world."

In being honored at a special convocation, Kennedy joins a select group that includes George Washington, Winston Churchill and Nelson Mandela.

Supreme Court Justice Stephen Breyer, a former Kennedy staffer, spoke at the ceremony, and Vice President-elect Joe Biden was among those in attendance. The event had been scheduled for last spring but was postponed as the senator recovered from surgery to treat a malignant brain tumor.

Kennedy devoted nearly a third of his speech to the election of Barack Obama, describing the election of the first African-American head of state as a giant step forward in U.S. history, and one that marks a new beginning for the country.

He said he was "proud to have played a small part" in the historic election. Kennedy gave Obama a key endorsement during his hard-fought Democratic primary against Sen. Hillary Rodham Clinton.

"There is no other time when I would rather receive this honor than this year — at this turning point in American history," he said.

Kennedy also defended his reputation as the "liberal lion" of the Senate, where he has served for 46 years.

He quoted his brother, former President John F. Kennedy, saying: "If by a liberal, they mean someone who looks ahead and not behind ... someone who cares about the welfare of the people — their health, their housing, their schools, their jobs, their civil rights ... then I am proud to say I am a liberal."

Kennedy graduated from Harvard in 1956 and was elected to the Senate six years later to fill the seat held by his brother before he was elected president.

Breyer, a former assistant professor at the Harvard Law School, introduced himself not as a member of the Supreme Court, but as a "former member of the Kennedy staff" who cut his political teeth working in the senator's office.

He said he learned key lessons from Kennedy, including how to work across political divides.

"He'd say be generous with the credit," Breyer said, "If you're successful there'll be plenty of credit to go around, and if you're not successful, who wants credit for that?"

Breyer ticked off a list of some of Kennedy's legislative successes, including his push to foster neighborhood health centers and to expand health care for children and the mentally ill.

During his comments, Kennedy recalled his love of sailing in the waters off Cape Cod, a metaphor for what he said was the next great adventure in the nation's history.

"I have believed that America must sail toward the shores of liberty and justice," Kennedy said. "There is no end to that journey, only the next great voyage."



Prospective Lawyers May Face Higher Bar Exam Fees
Court News | 2008/03/07 03:18

New lawyers in Maryland could be paying a lot more to take the bar exam.

The Maryland Senate is debating whether bar exam fees should increase from $150 to $325 or as high as $400. The proposal has sparked a fiery debate among lawmakers, many of whom are lawyers.

Some say bar exam fees are too low and that the current fee doesn't cover state expenses. They also say doctors pay a lot more than lawyers to cover licensing.

But some lawmakers insist young lawyers are fresh out of school and don't have hundreds of dollars laying around to cover the higher costs.

The debate continues Thursday in the Senate.



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