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Legal news from Sunday, August 19, 2012




Idaho Supreme Court to stream oral arguments live from courtroom
Jaimie Cremeans on August 19, 2012 3:07 PM ET

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[JURIST] The Idaho Supreme Court [official website] announced Friday that on Monday it will begin streaming video of all oral arguments held in Boise live for the public to see. The live videos [AP report] will be available on the court's online calendar [official website] for free and will be streamed via Idaho Public Television's Idaho Legislature Live [official website], which already broadcasts sessions of the Idaho Senate and House of Representatives [official website]. Although the court will only be broadcasting oral arguments held in Boise for now, this may change in the future.

Allowing cameras in courtrooms is a controversial issue that courts have debated about over the years. In 2006 US Supreme Court [official website] Justices Clarence Thomas and Anthony Kennedy spoke [JURIST report] at a US House Appropriations Committee Meeting against a proposed bill that would have permitted public broadcasting of Supreme Court oral arguments. The justices believed having cameras in the courtroom would harm the nature of the court's proceedings and did not believe that Congress should interfere with the way another branch of government operates. US Supreme Court Justices Sandra Day O'Connor, Anthony Kennedy and Stephen Breyer also debated [JURIST report] the topic the previous year during an American Bar Association [official website] event. Only Kennedy seemed receptive of the idea, arguing that it may be helpful to future litigants who go in front of the court. The other justices worried, however, that cameras would degrade the institution and it proceedings.




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Google's Motorola Mobility division sues Apple for patent infringement
Keith Herting on August 19, 2012 2:55 PM ET

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[JURIST] Google's recently acquired Motorola Mobility filed suit against Apple with the US International Trade Commission (ITC) [official website] on Friday. The filing, which should be made public on Monday, alleges that Apple's mobility devices infringe on seven patents [Bloomberg report] held by Motorola. The suit seeks to block the import of products such as the iPad, iPhone and the iPod Touch into the US. In an e-mail statement sent to Bloomberg [agency website] Motorola claims, "We would like to settle these patent matters, but Apple's unwillingness to work out a license leaves us little choice but to defend ourselves and our engineers' innovations."

Motorola has been involved in a number of patent litigations in the past, including suits against Apple, though this suit marks the first time since being acquired by Google in May. In February Apple filed a suit [JURIST report] against Motorola in the US District Court for the Southern District of California [official website] seeking an injunction to stop the company from bringing patent claims against Apple in Germany. That suit was thrown out with prejudice [JURIST report] in June. Apple had brought two separate lawsuits [JURIST report] against Motorola in October of last year alleging that several of Motorola's products infringe six patents owned by Apple.




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Utah AG: immigration law should be upheld given Supreme Court ruling
Jaimie Cremeans on August 19, 2012 2:27 PM ET

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[JURIST] The Utah Attorney General's Office [official website] said in court documents filed with the US District Court for the District of Utah [official website] on Friday that the state's immigration law [HB 497 text, PDF] should be allowed to go into effect based on the recent US Supreme Court [official website] decision regarding Arizona's similar immigration law. The attorneys general filed a 20-page response Friday that said the Supreme Court's decision "reflects that the state of Utah acted prudently when it rejected some of the Arizona provisions and reworked others." The law requires police officers to verify the immigration status of anyone arrested for felonies and class A misdemeanors or booked into jail on class B or C misdemeanors, and allows them to verify the status of anyone detained for class B and C misdemeanors. It was challenged [JURIST report] last year by the American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC) [advocacy websites] as both an unconstitutional interference with federal powers over immigration and a violation of the Equal Protection Clause. The ruling was stayed [JURIST report] in February until the Supreme Court decided the Arizona case. The attorney general now argues in the supplemental brief that the US Supreme Court's upholding of Arizona's "show me your papers" provision supports the upholding of Utah's law. The court has now received both sides' briefs and will determine shortly whether another hearing is necessary before making a decision.

Immigration laws have became a hot button issue over the past few years when many states, Arizona being the first, passed laws giving their state and local officials more power to crack down on illegal immigration. Last month, the ACLU and NICL asked [JURIST report] a federal judge to strike down a provision of Arizona's law that requires police to check the immigration status of people they stop on Equal Protection grounds. The provision was upheld [JURIST report] by the US Supreme Court but only on the grounds that it did not conflict with the federal government's powers regarding illegal immigration. This decision also struck down two provisions of Arizona's law that made it a crime to be in the state or apply for a job in the state without valid immigration papers and one that allowed police officers to arrest without a warrant people whom they believed had committed a crime which could cause them to be deported. Other states' laws have been challenged as well, but many have been made easier due to the Supreme Court's ruling. Georgia argued [JURIST report] last month that its law is valid under the ruling, while Alabama conceded that some provisions of its law would need to be changed.




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Federal judge refuses to dismiss challenge to Utah polygamy ban
Keith Herting on August 19, 2012 1:53 PM ET

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[JURIST] A judge for the US District Court for the District of Utah [court website] on Friday refused to dismiss [opinion] a case challenging the state's prohibition on bigamy. The lawsuit was filed by the stars of the reality TV show "Sister Wives." Judge Clark Waddoups ruled that even though the Utah County Attorney has stated his office would not prosecute the family, the family is not barred from pursuing the suit based on the constitutional mootness doctrine. The family's attorney, Jonathan Turley, welcomed the news in a blog post [text] saying that as a result of the opinion "both the Brown family and the people of Utah can now expect a ruling on the power of the state to criminalize private relations among consenting adults."

Kody Brown and his four wives, the plaintiffs in this case, are stars of TLC's reality show Sister Wives [official website]. A police investigation [Utah News report] against them has been ongoing since September 2010, when the show was first announced and premiered. Utah's Anti-Bigamy Statute [statute, text] has been on the books since 1862. The family challenged the law [JURIST report] last year as a violation of the First and Fourteenth Amendments. While polygamy is now recognized in most of Africa and the Middle East, it is still illegal in most of North and South America, Europe and China. In 2005, the US District Court for the District of Utah rejected a similar lawsuit [JURIST report] brought against Utah's Anti-Bigamy Statute, reaffirming the 1879 US Supreme Court case Reynolds v. United States [text], which upheld a conviction under an anti-polygamy law as constitutional.




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