- Posted February 24, 2011
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SUPREMECOURTNOTEBOOK
Justices turn down
appeal over divided jury
By Mark Sherman
Associated Press
WASHINGTON (AP) -- The Supreme Court has rejected an appeal from a defendant who was convicted of attempted murder in Louisiana by a jury's 10-2 vote.
The justices acted without comment Tuesday in turning down a plea from Troy Barbour to require juries in all criminal trials to reach unanimous verdicts to convict. Two states, Louisiana and Oregon, allow defendants to be convicted of most crimes despite disagreement among jurors.
Those states rely on a nearly 40-year-old Supreme Court ruling that mandates unanimous verdicts in federal, but not state, criminal trials.
Appeal in spotted
owl dispute rejected
WASHINGTON (AP) -- The Supreme Court has decided to let stand a Bush administration designation of 8.6 million acres in four Western states as critical habitat for an endangered owl.
The justices on Tuesday rejected an appeal from cattle ranchers that challenged the designation by the U.S. Fish and Wildlife Service, and lower court rulings that upheld it.
The designation covers land in Arizona, Colorado, New Mexico and Utah that is critical habitat for the Mexican spotted owl. The designation is aimed at protecting the habitat from activities that remove forest cover, including logging, cattle grazing, urban sprawl or power lines.
The case is Arizona Cattle Growers' Association v. Salazar, 10-454.
Nevada can ban brothel ads
WASHINGTON (AP) -- The Supreme Court is refusing to invalidate Nevada laws banning newspaper advertisements that identify places where prostitution is legal.
The court refused to hear on Tuesday an appeal from two newspaper companies, the American Civil Liberties Union and a Nye County brothel called the Shady Lady Ranch.
Laws went into effect in Nevada in 1979 that prohibited brothel advertising in counties where prostitution is illegal. Prostitution is illegal in five counties, which include Las Vegas and Reno, and 10 Nevada counties authorize prostitution by local ordinance.
A federal judge said the laws were overly broad and unconstitutional, but the judgment was overturned by the 9th U.S. Circuit Court of Appeals. The Supreme Court upheld that ruling
Court rejects campaign
disclosure challenge case
WASHINGTON (AP) -- The Supreme Court has rejected an appeal challenging campaign disclosure laws in Washington state.
The court on Tuesday let stand without comment a federal appeals court ruling that upheld the state's disclosure requirements. Human Life of Washington challenged the requirements as a violation of the First Amendment. The group didn't want to reveal its donors in a 2008 campaign opposing an assisted suicide ballot measure.
The San Francisco-based 9th U.S. Circuit Court of Appeals said the disclosure requirements "have become an important part of our First Amendment tradition."
The case is Human Life of Washington v. Brumsickle, 10-686.
Railroad can challenge Alabama fuel tax
WASHINGTON (AP) -- The Supreme Court says a railroad company can challenge an Alabama tax of its purchase of diesel fuel.
The high court on a 7-2 vote overturned a decision by a federal appeals court that allowed Alabama to place a sales and use tax on CSX Transportation's purchase of diesel.
The railroad company argued that the tax was illegal. The law says states cannot put a tax on railroads that are not also charged to their main competitors, motor and water carriers. Water and motor carriers are not charged the 4 percent tax.
But the 11th U.S. Circuit Court of Appeals said the railroad could not challenge the state's decision to levy the tax. The high court disagreed.
The case is CSX Transportation Inc., v Alabama Department of Revenue, 09-520.
Justices decline new case
on 10 Commandments
WASHINGTON (AP) -- The Supreme Court has passed up a chance to take another look at a six-year-old ruling that struck down the display of the Ten Commandments in two Kentucky courthouses.
McCreary and Pulaski counties had appealed recent lower court rulings barring them from posting the commandments, despite changes to the displays to include multiple religious and government documents.
The counties were hoping that those differences, as well as critical changes in the composition of the high court, would lead the justices to take up their appeal.
But the court declined to do so Tuesday, without comment.
Published: Thu, Feb 24, 2011
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