Court Roundup

Supreme Court High court to decide lawyer immunity question WASHINGTON (AP) -- The Supreme Court will decide whether private lawyers hired as outside counsels for governments can be sued. The high court on Tuesday agreed to hear lawyer Steve Filarsky's appeal. He was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave. Nicholas B. Delia, a firefighter suspected of working on his house while on sick leave, sued Filarsky after the investigation. Delia had said he had bought material to work on his house but never opened it. The fire chief then ordered Delia to bring the unopened material out of his house for inspection or face disciplinary action. Delia said that order was an unconstitutional warrantless search and sued the city, the fire department and Filarsky. A federal judge threw it all of Delia's lawsuits out, including the one against Filarsky. The judge ruled that Filarsky had the same immunity as the city's employees. But the 9th U.S. Circuit Court of Appeals disagreed, saying its rulings had never extended to a nongovernment worker the same immunity government workers enjoy. A separate appeals court -- the 6th U.S. Circuit Court of Appeals -- has extended immunity to nongovernment employees. The Supreme Court will now resolve this conflict. The case is Filarsky v. Delia, 10-1018. Supreme Court Court to review rules for some deportations WASHINGTON (AP) -- The Supreme Court has agreed to hear the Obama administration's appeal of lower court rulings in favor of immigrants who were seeking to avoid being deported. The justices said Tuesday they would review two rulings by the federal appeals court in San Francisco that allowed immigrants accused of crimes to try to stop their deportations. Both cases hinge on a provision of immigration law that allows people who have been in the United States legally for more than five years or illegally for more than seven years to seek leniency. The appeals court said immigrants who came as children could count their parents' years in the United States. The Obama administration opposes that rule, saying it conflicts with its "high-priority efforts to remove criminal aliens." Kentucky Judge rules Iraqi can be tried in civilian court LOUISVILLE, Ky. (AP) -- A federal judge has ruled that an Iraqi national charged in Kentucky with terrorism-related crimes can be tried in civilian court. U.S. District Judge Thomas B. Russell on Tuesday ruled that the Geneva Convention doesn't stop federal prosecutors from bringing charges against 30-year-old Waad Ramadan Alwan. Alwan's attorneys sought to have several charges dismissed because they stem from conduct in Iraq. Alwan and 23-year-old Mohanad Shareef Hammadi were arrested in Kentucky in May and charged with conspiring to send weapons and money to al-Qaida in Iraq. The FBI said that Alwan also spoke of setting roadside explosives in Iraq from 2003 through 2006 and that investigators found his fingerprints on an unexploded bomb. They have pleaded not guilty and remain in federal custody. Georgia Detective: Witness ID'd ex-NBA player as gunman ATLANTA (AP) -- An Atlanta police detective said at a court hearing that an ex-NBA player was charged with murder in a drive-by shooting after a witness identified him in a photo lineup. Detective James Thorpe testified Tuesday that police charged Javaris (jah-VAHR'-ihs) Crittenton with the August shooting of Julian Jones after the man she was with said he had a "good, clear look" at the gunman. Thorpe said the witness then picked Crittenton out of a photo lineup and that a neighbor also identified him as the shooter. Defense attorney Brian Steel said his client is not guilty and the charges are based on faulty eyewitness testimony. Police have said the shots were aimed at someone walking with Jones. Crittenton, a former Georgia Tech star, played for the Washington Wizards. New Jersey Top recruiter in Ponzi scheme enters guilty plea NEWARK, N.J. (AP) -- A Florida man who was the top recruiter in a $930 million Ponzi scheme admitted in federal court in New Jersey Tuesday that he lied about his income to the IRS. Sydney Williams pleaded guilty to one count of subscribing to a false tax return. The 63-year-old Naples, Fla., resident said he recruited more than 60 people to invest in Florida-based Investments USA, which was operated by Nevin Shapiro of Miami Beach. Williams faces up to three years in prison when he's sentenced. Shapiro is serving a 20-year sentence after he pleaded guilty to securities fraud and money laundering charges. Prosecutors say Shapiro siphoned at least $35 million for personal use and donated to athletic groups, getting a student-athlete lounge named after him at the University of Miami. Maryland Opening statements given in Currie case BALTIMORE (AP) -- Federal prosecutors say a prominent state senator sold his office to help a grocery store chain, but the senator's lawyers say he arranged meetings but did nothing illegal. Attorneys gave opening statements on Tuesday in a federal case in Baltimore against Sen. Ulysses Currie, a Prince George's County Democrat. Prosecutors outlined conspiracy, bribery, extortion and false statement charges. But Currie's lawyers say his relationship with Shopper's Food Warehouse wasn't the secret conspiracy prosecutors are alleging. Currie chaired the Senate Budget and Taxation Committee, which steers state spending. But he stepped down from the position last year when he was indicted. He is still a state senator. The trial could last six weeks. Published: Wed, Sep 28, 2011