State Court

HARTFORD — A Florida millionaire accused of walking out on a $1.2 million gambling debt is fighting Mohegan Sun in court, arguing that the state judicial system cannot decide the case because the casino is run by a sovereign American Indian tribe. Jerome Powers, chief executive of the cable television network Plum TV, asked the state Appellate Court this week to throw out a lower court’s ruling that would allow Mohegan Sun to seize his assets ahead of a potential final judgment against him. It’s not clear when the Appellate Court will take up the case.

Massachusetts prosecutors who charge people with unlawful possession of a firearm don't have to prove that the person doesn't have a gun license. Rather, the person charged can present the license as a defense, if they have one, the state's highest court ruled today. The Supreme Judicial Court said it had long held that the absence of a license was not an element of the crime that prosecutors had to prove but having a license was an "affirmative defense. " The court said the burden was on the defendant to come forward with the evidence and, if evidence of a...

NEW YORK -- The New York Stock Exchange has moved to dismiss a $50 million countersuit filed by former chief Richard A. Grasso, claiming the US District Court in which Grasso sued does not have jurisdiction in the case. The filing, made late yesterday, does not address whether Grasso's countersuit has merit, instead focusing on the fact that Grasso moved the case to federal court in June. The exchange's lawyers instead bolstered New York Attorney General Eliot Spitzer's claim that the case should be returned to state court.

Lewis H. "Harry" Spence, a former state social services commissioner, was named today to fill a new position overseeing administration of the state trial courts, which have been embroiled in controversy over patronage hiring while facing continued budget tightening. Spence's selection was announced by Supreme Judicial Court Chief Justice Roderick Ireland, who noted that Spence has a long history of managing complex organizations in both the private and public sector. "His in-depth background in fiscal and operational management, visionary leadership and strong...

WASHINGTON - A corporation’s principal place of business is where its executives work, not where its products are sold, the Supreme Court ruled yesterday. The unanimous ruling will probably make it harder to sue out-of-state corporations in state courts, which are considered friendlier to class-action lawsuits than are federal courts. Hertz Corp. was sued in California state court by employees seeking overtime and vacation pay. The company, headquartered in New Jersey, wanted the trial moved to federal court.

PROVIDENCE — A murder suspect who could face the death penalty if convicted on federal charges offered to plead guilty and take life without parole in state court, according to a letter sent to state prosecutors from Rhode Island’s public defender. In the May 17 letter, obtained yesterday by the Associated Press, public defender John J. Hardiman told state prosecutors that Jason Pleau wished to plead guilty to murder charges in state court and was willing to accept life without parole.

WASHINGTON -- The Supreme Court said yesterday that it will use a renters' lawsuit claiming personal injury from toxic mold in apartments to clarify when plaintiffs can sue in federal or state court. The question is a hot political topic, since consumers often pursue claims in state courts, where large payouts in class-action lawsuits tend to be made. Last month, President Bush signed legislation aimed at steering big-money lawsuits to federal courts. Under federal rules, a defendant has a right to "remove" a case from state to federal...

WASHINGTON -- The Supreme Court said yesterday that people who lose state lawsuits claiming the government improperly took their property cannot count on federal courts for help. Land rights is a major issue at the high court this year, and so far the justices have made it tougher for people to win lawsuits claiming that local and state laws amount to an unconstitutional "taking. " The biggest of three cases dealing with government authority to seize properties, from New London, Conn., will be decided within the next week, before the Supreme Court begins a...

DES MOINES -- The Iowa Supreme Court struck down a state law yesterday guaranteeing visitation rights to grandparents, ruling it an unconstitutional intrusion on the rights of parents. The court said it is unconstitutional for judges to question a parent's decisions unless the health or safety of the child is in danger. The ruling prevents the state from intervening in the case of Arnie and Lucille Lamberts, who wanted to use the law to assure visitation with their granddaughter.

Connecticut police say a Tennessee man stole nearly $51,000 from World Wrestling Entertainment Inc. by somehow obtaining the number of a company bank account. The Advocate of Stamford reports (http://bit.ly/zkxXmz) that 34-year-old James Dewayne Bass of Prospect, Tenn., was extradited this week to Stamford from Tennessee. He was arraigned in state court Thursday on felony larceny and forgery charges. Police in Stamford, where WWE is based, say a company attorney called them in November to report that $50,816 had been taken out of a company bank account and was...

Lawmakers are hearing warnings from lawyers and judges that budget constraints on the state's judiciary are imperiling the delivery of justice and compromising security in Massachusetts courts. The Boston Bar Association and the Massachusetts Bar Association hosted a Court Advocacy Day at the State House Monday to lobby for level funding for the state's courts. The groups are asking for a $25 million boost in spending over what Governor Deval Patrick has recommended for the fiscal year starting July 1. The chief administrative justice of the trial court, Robert Mulligan, said a nearly four-year...

Connecticut police say a Tennessee man stole nearly $51,000 from World Wrestling Entertainment Inc. by somehow obtaining the number of a company bank account. The Advocate of Stamford reports (http://bit.ly/zkxXmz) that 34-year-old James Dewayne Bass of Prospect, Tenn., was extradited this week to Stamford from Tennessee. He was arraigned in state court Thursday on felony larceny and forgery charges. Police in Stamford, where WWE is based, say a company attorney called them in November to report that $50,816 had been taken out of a company bank account and was used to buy...

The state's highest court updated its rules for news coverage of trials and other court proceedings Friday in response to changes in technology used by the news media and the rise of bloggers and citizen journalism. The goal of the revisions approved by the Supreme Judicial Court is "to recognize the changes in technology and journalism . . . and to maintain the necessary order and decorum in the Massachusetts courts," the court said Friday. The rules permit electronic devices such as laptops in the courtroom, but also require anyone seeking to use high-tech gear to register with...

FOXBOROUGH - Rumors began swirling last week that Patriots offensive coordinator Bill O'Brien might be interviewed for a head coaching position in the NFL, his name at one point tied to the Chiefs, who, it was reported, could hire him as offensive coordinator and "head coach in waiting. " But yesterday multiple reports tied O'Brien's name to an entirely different job, and in the college game: Penn State. Last night, ESPN reported that O'Brien and Penn State officials were "expected to meet this week to work out a deal.

FOXBOROUGH - Rumors began swirling last week that Patriots offensive coordinator Bill O'Brien might be interviewed for a head coaching position in the NFL, his name at one point tied to the Chiefs, who, it was reported, could hire him as offensive coordinator and "head coach in waiting. " But yesterday multiple reports tied O'Brien's name to an entirely different job, and in the college game: Penn State. Last night, ESPN reported that O'Brien and Penn State officials were "expected to meet this week to work out a deal.

PROVIDENCE — A murder suspect who could face the death penalty if convicted on federal charges offered to plead guilty and take life without parole in state court, according to a letter sent to state prosecutors from Rhode Island’s public defender. In the May 17 letter, obtained yesterday by the Associated Press, public defender John J. Hardiman told state prosecutors that Jason Pleau wished to plead guilty to murder charges in state court and was willing to accept life without parole.

PROVIDENCE -- A federal judge yesterday dismissed a lawsuit alleging that the state attorney general and the city police department failed to protect a teenager who was killed before she could testify in a murder trial. US District Judge Ernest Torres said 15-year-old Jennifer Rivera's constitutional rights were not violated when she was fatally shot outside her home on May 21, 2000, but he left the suit open for future litigation in state court. Rivera had been subpoenaed to testify against Charles "Manny" Pona, who was on trial for murder.

WASHINGTON — The Supreme Court yesterday unanimously upheld a Nevada ethics law that governs when lawmakers should refrain from voting on official business because they might have a conflict of interest. The court reversed a Nevada Supreme Court decision that said elected officials have a constitutional right to vote on official business and that the state law violated that right. The decision came in the case of Michael Carrigan, a Sparks, Nev., council member who voted on a casino project even though his campaign manager served as a project consultant.

WASHINGTON — The Supreme Court yesterday unanimously upheld a Nevada ethics law that governs when lawmakers should refrain from voting on official business because they might have a conflict of interest. The court reversed a Nevada Supreme Court decision that said elected officials have a constitutional right to vote on official business and that the state law violated that right. The decision came in the case of Michael Carrigan, a Sparks, Nev., council member who voted on a casino project even though his campaign manager served as a project consultant.

WASHINGTON — The Supreme Court yesterday limited the ability of people to combine forces and fight corporations together when they want to dispute contracts for cellphones, cable television, and other services, a move consumer advocates called a crushing blow. In a 5-to-4 ideological split, the high court’s conservatives said businesses can block their customers from using class-action lawsuits. The court said the federal arbitration law trumps state laws that invalidate contracts banning class actions.