SUPREME COURT NOTEBOOK

Court reverses conviction of Louisiana death row inmate

WASHINGTON (AP) - The Supreme Court on Monday reversed the 2002 murder conviction of a Louisiana death row inmate after ruling that prosecutors failed to disclose evidence that could have helped his defense.

The ruling came in the case of Michael Wearry, who was convicted in the 1998 death of a 16-year-old pizza delivery driver near Baton Rouge.

The justices said in an unsigned opinion that prosecutors should have turned over evidence casting doubt on the credibility of a prison informant and another witness who testified against Wearry. The court also said the state failed to disclose medical records raising questions about a witness' description of the crime.

Lower courts had rejected Wearry's post-conviction appeals.

Wearry was implicated in the case nearly two years after the victim, Eric Walber, was found lying face down on the side of a gravel road in a rural area of Hammond, Louisiana. Officials said Walber was beaten to death. Wearry claimed that he was at a wedding reception 40 miles away at the time of the murder.

The high court said the state's trial evidence "resembles a house of cards" built on the questionable testimony of a prison informant who other inmates said was seeking revenge against Wearry. It sent the case back for a new trial.

"Beyond doubt, the newly revealed evidence suffices to undermine confidence in Wearry's conviction," the court said.

Justices Samuel Alito filed a dissent joined by Justice Clarence Thomas. Alito said the jury might have convicted Wearry even with the additional evidence. He said the high court should have taken up the case on the merits to give the state "the opportunity to make its full case."
 

Justices turn down Apple appeal over electronic books

WASHINGTON (AP) - The Supreme Court rejected an appeal from Apple Inc. Monday and left in place a ruling that the company conspired with publishers to raise electronic book prices when it sought to challenge Amazon.com's dominance of the market.

The justices' order on Monday lets stand an appeals court ruling that found Cupertino, California-based Apple violated antitrust laws in 2010.

Apple wanted to raise prices to wrest some book sales away from Amazon, which controlled 90 percent of the market and sold most popular books online for $9.99. Amazon's share of the market dropped to 60 percent.

The 2-1 ruling by the New York-based appeals court sustained a trial judge's finding that Apple orchestrated an illegal conspiracy to raise prices. A dissenting judge called Apple's actions legal, "gloves-off competition."

The Justice Department and 33 states and territories originally sued Apple and five publishers. The publishers all settled and signed consent decrees prohibiting them from restricting e-book retailers' ability to set prices.

In settlements of lawsuits brought by individual states, Apple has agreed to pay $400 million to be distributed to consumers and $50 million for attorney fees and payments to states.

The case is Apple v. U.S., 15-565.


Appeal in Batmobile copyright case rejected

WASHINGTON (AP) - The U.S. Supreme Court is staying out of a copyright dispute involving a California man who produced replicas of the Batmobile for car-collecting fans of the caped crusader.

The justices on Monday let stand a lower court ruling that said the Batmobile's bat-like appearance and high-tech gadgets make it a character that can't be duplicated without permission from DC Comics, the copyright holder.

Mark Towle produced replicas of the car as it appeared in the 1966 television show featuring Adam West as Batman and the 1989 movie starring Michael Keaton. He sold them for about $90,000 each.

The 9th U.S. Circuit Court of Appeals last year sided with DC Comics in finding that the Batmobile is entitled to copyright protection.


Court voids Alabama ruling against lesbian adoption

WASHINGTON (AP) - The Supreme Court says Alabama's top court went too far when it tried to upend a lesbian mother's adoption of her partner's children.

The justices on Monday threw out a ruling by the Alabama Supreme Court in a dispute between two women whose long-term relationship ended bitterly.

Before their breakup, one partner bore three children; the other formally adopted them in Georgia. The Alabama residents went to Georgia because they had been told Atlanta-area courts would be more receptive than judges in Alabama.

Alabama courts got involved when the birth mother tried to prevent her former partner from regular visits with the children.

The Alabama Supreme Court sided with the birth mother in refusing to recognize the other woman as a parent and declaring the adoption invalid under Georgia law.


Appeals of two former Stanford executives denied

WASHINGTON (AP) - The Supreme Court has rejected appeals from two defendants convicted of helping disgraced financier R. Allen Stanford cheat investors out of more than $7 billion in one of the largest Ponzi schemes in U.S. history.

The justices on Monday let stand the convictions of Gilbert Lopez Jr. and Mark Kuhrt. Both were found guilty in 2012 of wire fraud and conspiracy charges.

Prosecutors said Lopez and Kuhrt helped hide Stanford's misuse of investor funds. Lopez is a former chief accounting officer of Stanford Financial Group Co. Kuhrt is a former global controller of Stanford Financial Group Global Management.

The men claimed there was not enough evidence to convict them and that certain expert testimony was improperly excluded.

They each were sentenced to 20 years in prison.

Published: Wed, Mar 09, 2016