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High court to consider drunken driving case
Law & Court News |
2012/09/27 16:13
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The Supreme Court will decide when law enforcement officers must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.
The issue has divided federal and state courts around the country and the justices on Tuesday agreed to take up a case involving a disputed blood test from Missouri.
In siding with the defendant in the case, the Missouri Supreme Court said police need a warrant to take a suspect's blood except in special circumstances when a delay could threaten a life or destroy potential evidence.
Other courts have ruled that dissipation of alcohol in the blood is reason enough for police to call for a blood test without first getting a warrant.
The Missouri case was one of six new cases accepted for argument in front of the Supreme Court. The new term begins Monday and the cases probably will be argued in January.
The American Civil Liberties Union, representing Tyler McNeely, said the arresting officer made no effort to obtain a warrant and didn't think he needed one, not that he feared a delay would lower the level of alcohol in McNeely's blood. The ACLU said the case was not a good one for resolving complex issues of science and law. |
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Mo. high court hears arguments on incentive fund
Law & Court News |
2012/09/22 16:16
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Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.
Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.
During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect.
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High court won't stop Texas voting map
Topics in Legal News |
2012/09/20 16:16
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The Supreme Court is allowing Texas to use congressional districts that were drawn by a lower federal court for the November election.
The court declined without comment Wednesday a request from a Latino rights group to block use of those districts. The groups said the districts discriminate against minorities.
The court-drawn map is intended for use only in this year's election.
The League of United Latin American Citizens said the map has the same flaws identified by federal judges in Washington who last month rejected political boundaries drawn by Texas lawmakers as discriminatory.
The interim congressional map was used in Texas' primaries in May and was devised to let the state hold elections while courts considered challenges to redistricting plans adopted by the Legislature following the 2010 census.
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Outgoing NC Sen. Stevens resigns, joins law firm
Attorney Blog News |
2012/09/14 12:09
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A state senator has resigned from the North Carolina General Assembly and is joining a Raleigh law firm to help clients on economic development, regulatory and other government policy issues.
Five-term Republican Sen. Richard Stevens of Cary resigned effective last Friday, and the Smith Anderson law firm announced his hiring Monday.
Stevens already had announced in February he wasn't seeking re-election this fall. He served in the budget-adjusting session that ended in early July. Stevens is a former Wake County manager who once served as the trustee board chairman at the University of North Carolina at Chapel Hill.
It's unclear whether Wake County Republican leaders will choose someone to serve out the remaining four months of Stevens' term, since there are no plans for the Legislature to reconvene this year. |
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Federal agency charged with enforcing consumer finance laws
Topics in Legal News |
2012/09/12 12:09
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The new federal agency charged with enforcing consumer finance laws is emerging as an ambitious sheriff, taking on companies for deceptive fees and marketing and unmoved by protests that its tactics go too far.
In the 14 months it has existed, the Consumer Financial Protection Bureau has launched dozens of enforcement probes and issued more than 100 subpoenas demanding data, testimony and marketing materials -- sometimes amounting to millions of pages -- from companies that include credit card lenders, for-profit colleges and mortgage servicers.
More than two dozen interviews with agency officials and industry executives offered sweeping insight into the new agency's behind-the-scenes efforts, which have taken the financial industry off guard and have been far more aggressive than previously known.
The number of subpoenas and probes was confirmed by agency, industry and trade group officials who spoke to The Associated Press on condition of anonymity because the subpoenas bar both sides from discussing them.
The bureau's actions have many banks, payday lenders and credit card companies racing to adjust. They're tightening their record-keeping and budgeting for defense lawyers, according to attorneys and trade group executives who work with them. The companies themselves are reluctant to discuss the bureau because they don't want to be seen as criticizing a regulator that is still choosing its battles. |
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