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Court: New health law doesn't infringe on religious freedom
Court Issues | 2015/07/13 16:02
The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.

The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.

Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.

The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.

"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.

The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain.



Oklahoma court to look at blocking Tulsa grand jury probe
Court Issues | 2015/07/01 21:03
The Oklahoma Supreme Court said Thursday it will consider whether to stop a grand jury investigation into an embattled sheriff whose longtime friend and volunteer deputy fatally shot an unarmed man.

Attorneys for Tulsa County Sheriff Stanley Glanz want justices to toss out a lower court's decision to empanel a grand jury on July 20. The state Supreme Court late Thursday appointed a referee to hear evidence and arguments in the case on July 14.

More than 6,600 Tulsa residents petitioned for the investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were shown special treatment. Glanz's lawyers say some signatures were gathered improperly and the petition should be tossed.

District Judge Rebecca Nightingale on Tuesday rejected Glanz's claims. Terry Simonson, a spokesman for the sheriff, said Glanz is appealing to the high court because the law has been applied incorrectly.

"He has the same rights as every citizen in Oklahoma to defend the position he believes in and the right to appeal based upon that conviction," Simonson said. "That's what he did today."

The petition drive began after reserve deputy Robert Bates, 73, shot and killed Eric Harris on April 2. Harris ran from authorities during a gun-sales sting operation and Bates maintains he confused his stun gun and handgun. Bates has pleaded not guilty to second-degree manslaughter in the slaying.



Appeals court: Apple must submit to imposition of monitor
Court Issues | 2015/06/02 07:18
A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.

A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.

The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.

After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.



Suge Knight returns to court to try to dismiss murder case
Court Issues | 2015/06/01 07:18
Marion "Suge" Knight's lawyer argues that a murder case against the former rap music mogul should be dismissed because one of the men he allegedly ran over earlier this year didn't identify him in court.

Attorney Matt Fletcher contends in a motion filed before a hearing Friday that murder, attempted murder and hit-and-run charges filed against the Death Row Records co-founder should be thrown out based on the testimony of a man seriously injured in January. Knight has pleaded not guilty to running over Cle "Bone" Sloan and another man who died from his injuries.

Sloan refused to identify Knight while testifying during a preliminary hearing last month, but gave detectives a lucid account after being struck by Knight's pickup and said he started a fight in the parking lot of a Compton burger stand in late January.

A response filed by prosecutor Cynthia Barnes points to Sloan's statements to detectives and other evidence to support their case, including Knight's unique nickname, "Suge."

Fletcher contends that is not enough.

"There is nowhere in this transcript that Mr. Sloan ever identifies Marion Knight, the defendant, as a murderer," Fletcher wrote. "There is nowhere in the entire transcript that Mr. Sloan even identifies Marion Knight as a driver of the red truck in question; the red truck that hit the victims."

The 50-year-old Knight is charged with running over the two men outside a Compton burger stand. Fletcher has said his client was fleeing an ambush. A trial in the case has been scheduled for July 7.

Knight is also scheduled for a hearing in a separate robbery case that a judge delayed. The former rap mogul told deputies he was too sick to come to court, but Superior Court Judge Ronald Coen said he would order Knight forcibly brought to court on Friday if necessary.


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