gettinger, this court held that claims like these are not return-of-property type claims. they are claims that can be subject to sovereign immunity. and if that is true, it's not property of the criminal defendant after a lawful conviction has been entered and -- justice kagan: could you just sort of describe to me in sort of common sensical terms, you know, rather than point me to a sovereign immunity case or something, just in common sensical terms why is this the state's money? frederick r. yarger: it's the state's money -- just as it -- just as the state lawfully incarcerated these defendants -- and petitioners don't dispute that. the state lawfully, but erroneously, took the defendants' liberty away in this case. that was lawful. same as the court -- or the state lawfully took custody of and property in the state's -- or excuse me -- the criminal defendants' money. and -- justice roberts: so -- so do you have any obligation to return the money at all, pursuant to any procedures? could you just say once -- once you pay the money, we have no procedure for you to get it

for example, the united states versus gettinger, the court held that claims like these are not return of property type of claims. they are claims that can be subject to sovereign immunity. and if that is true, it's not property of the criminal defendant after a lawful conviction has been entered. >> that's sort of described in a common sense terms rather than point me to a sovereign immunity case or something. just a common sense terms, why is this the state's money? >> it's the state's money just as the state lawfully incarcerated these defendants and petitioners don't dispute that, lawfully but erroneously took the liberty away in this case. that was lawful, same as the court or state lawfully took custody of or property in or excuse me, the criminal defendant's money. >> so do you have any obligation to return the money at all pursuant to any procedures? could you just say, once you pay the money, we have no procedure for you to get it back? in fact, we won't give it back to you ever? it's our money, we don't have to give it back. >> so long as the conviction itself existed at the

up, gettinging knocked out of the playoffs. cowboys fans were also not allowed announcer: you are 7 news at noon," on your side. jummy: we have an update now the condition of two of the children hurt last week in a house fire are improving. they have been upgraded from critical to good condition. their mother remains in critical condition. six children died in that fire. because of the blaze is still under investigation. family members of the victims are joined by members of the community for a vigil where the house used to stand. many of the people who attended say they never even met the family before but were touched either tragedy. many sang gospel songs and read prayers for the survivors. >> you are not going to know the right thing to say. you just have to hug and love this family. >> let them know that they are loved, they are thought of, we are paying for their comfort and their keep in their recovery. jummy: family members of the victims but also asked them to respect the family plus privacy. we have a crime alert in p

you saw, of course, as you mattis gettingal confirmed. this administration was already get moreisten, let's of these done today and if not, monday.ing speaking of monday, that is when we really expect to see a accomplishments and some changes made by this administration. house press secretary has been saying that donald trump will very quickly put pen to paper on those issues as well, repealing some measures that president obama had put into place and starting some others. they also have more than 500 ready tobers that are be placed in offices at major departments throughout the city they can start making a very quick transition, even if they don't have, for example, a cabinet position filled for that particular department. >> scott, thank you very much. our coverage continues just ahead. we're gonna meet people who came 1,00 to be part of history. >> we're also getting an up-close look at the inaugural parade. you're watching coverage of the presidential of the memorable sites from the inaugural parade, about two ago. president-elect --

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see what one boy did for his friendeed eveneant gettinge fun of. video of toddlers getting stuck under the dresser when it fell over give an explanation as people question the viral video. >>> and you can still stay connected without it ruling your life. erin o'hearn has more over a digital detox. >>> and the beverage tax in philadelphia. it levies a half cent tax on said as and oth drinks and they pass it o ttail higher prices for customers and the money goes to pre-k and services not everyone is happy about it. john rawlins is live in east falls with the consyver the extra cost. >> reporter: well earlier this week the city signals that some retailers jumped the gun and rices at the retail level before the tax took effect. it is not intended to penalize anyone but to r out to educate folks. >> i would have me some gatorade and have me some pepsi >> but not this time? >> not this time. >> confusion in the grocery aisle. according to the group that legally challenged the tax. >> why is the city sending more than $2 million in outreach shoppers still

and even though they weren't gettinger search warrants, they would want to tell them about the son orr. the dispatcher said that's the son that the mom was looking for. deep respect for all of the rescue workers on that day. >>> much mesh to come on the 9 right after the break. ♪[music] >> welcome back, everybody. we're checking our twitter feed. the question of the day is in regards to the affordable care act and the support to repeal or replace it as president- elect donald trump wants to do. bruce bowman chimed in and said what will trump care be. that's right. he doesn't care. >> people want to hear what the replacement is. john tweeted saying so many people will lose coverage during the transition. where are the details of the replacement? kevin brown says i finally have health care through the program. i will lose it if he repeals it. wish there was something to help everything. >> absolutely repeal. increase premiums, sky rocketing deductibles, fewer choices forced to pay for unneeded coverages. hoar i had. just like the president and just like -- it is polarized. some really w

corridor so upup north in cumberland frostburg fu those parts of maryland that'sd where you could be gettingehe grass. g in maryland mix of rain and freezing rain put inrai southeru maryland if it's rain falling ra and you're at 32 degrees we're e concerned about some brief freezing rain there.th weather service has taken theg v washingtonice haarea out of thh winter weather advisory.dv highest impacts look to remain e towards our north and west inin purple where we'll have light snow and sleet accumulationssleu only about up to anlati inch ih through today. fox futurecast showing the snow most likely again ag northern maryland along that tht pennsylvania border and thatandt will continue through about abo the noon hour where you couldred get about an inch of snow but bt again it will be tough toghto stick to the warm roads.the warm mix to rain showers here iners n washington.shington. that fades away by this evening and we're left justes at cloudy and j uscoltd. c clouds quickly recede intoee that what looks like an whalook improving forecast for sunday. more sunshine and i think wei should

gettinging forward to into the specifics of those. is ant feel like it adversarial relationship right now. i'm the first one to stand in line in say. we need to move on. that's the bottom line. >> it may be worthy of the government's time, aca. speaker ryan this morning, as conversationm your on folks on the hill, do you have a friendship in the senate to do a repeal of obamacare at this point? there are a lot of movements the need to be made. repeal without an adequate replacement journey together, i mean, 400,000 virginians will risk losing health care. we met with leader pelosi yesterday. we met with speaker ryan today. nobody is quite sure. it was clear from speaker ryan today that they want a block grant. he what the states you can do a better job administering it. the issue for us at state level is what is that fresh number? what you do about the non-expansion states? right now, we are an efficient state. i worry they you get $4.6 billion from the government and we match it, what will happen to us in virginia? our threshold, if

just as in united states versus gettinger because the statute on which was base this court denied compensation because there was no waiver of sovereign immunity. >> we're not talking about compensation we're talking about getting money back. >> that's the question. is this properly considered under state law as a substantive matter, property of the criminal defendant or is it not and. >> it says in page 27 of their brief they have three cases one going back to 1830 of this dort that says the law that when you reverse the judgment in a civil case with no -- apply to criminal the person on the other side gets the money back. and now, it doesn't say what law and moreover you heard your brother here say, well, colorado supreme court said that this wasn't a question here of whose property it was, it was a question of the remedy, the property belonged to the criminal defendant. so what do you say about those cases? two, what did the colorado supreme court say as a matter of property law? >> yes. first of all, the cases -- there are cases that say upon reversal of erroneous judgment there can be rest

have a lot of y people showing up, just aou whole bunch of people justple j arrived here and are gettinge checkc point here. poin just want to show constitution avenue here.venue h we can walk down the sidewalks d but nobody can drive down thethe street. we've got a lot of buses, au lot of barricades but this isbu nothing like what you see att the areas where you can driven e and then you come to a deadad end. there are national guard humvees, there are dump trucks, there are metrobuses.mt it is a fortress downtown andowd you see a lot of buses and a fencing here but this is, you know, inside the perimeter yetre not onto the mall yet. we have three students from gw. ladies, how are you.la >> pretty good. >> reporter: good morning. orte lady from that a greece, from connecticut andt a rhode island.is tell me, it's awfully early.ly . why are you guys up so early.e >> well. >>> we we want to get there here before everybody else.fore evero we want to get great seats. >> it's a historical event.. we're excite there had we cantha go. >> we want to get there first.e >> reporter: yeah, and you a

people are doubling and tripling up a couple of raids from the fire department and i think without gettingal task force to address how to make those places save so the whole block didn't burn down the goal to find a solution and not have displacement happen to hopefully, you guys are more receptive i hope you call a task force we'll bring our community activists from the arts community to such a as soon as it happens and also which i brought up several times the notices to the community the 311 and 312 and dr notices don't give a lot of information not what types of uses their cryptic and ask 80s notices get more information to the public and we can respond and act accordingly my box of information will help in a more timely manner thank you. >> thank you. >> good afternoon, commissioners congratulations commissioner hillis and commissioner vice president richards and thank you commissioner president fong for out going commissioner president fong for your service a busy time so thank you here today to talk about the way the city does environmental review we were at the he and she hearing a f

i love the fact he's gettinge success. but that's my comment.that'scomn my question, with kirk.get paidai another 24 mill or so by the skins. his boss so to speak now on the west coast with la.oa wit you know he's at least looking l at the possibility of signingig him long term. tm. if the skins sign him to that give him the tag again does that prevent him from signingmigni e mewhere else. what's the details here? yes.s. latest would work the redskins n have an opportunity to slap a a franchise tag on him up until u about march 15th.5th if they use the franchise tag og him there's a couple variationss but very likely what they would do is they would make itake possible for a team to acquireor him via trade.m via trade. they would have to give up 21st round picks to do it. it they can negotiate down fromiatf that rate to work a trade. tra essentially if the redskins wanw him on their team this seasonhia they have all the power to keep him on the team.he t the good news for cousins he hah the term deal.teeal. >> can he refuse the franchisenc tag and sign somewhere else if e he cho

and personally you're gettinge g maieied. >> i'm getting married. >> yes.t's coming in april. i'm marying pastor john allenn a new man the pastor of mount calgary baptist church in jacksonville florida.rida i'm so excited about this t chapter of my life. life. you're so multi if as is heeds e very interesting.ti. you went to di vin in it schools >> i did. i went to theological school in ohio.ohio ordained baptist minister, minte assistant pastor at well listis street missionary baptist churcu in los angeles. >> military chaplain. something near and dear to yourr heart.. >> i miss my fellow chaplains. s i serve with the californiaalif state military reserve at inn california and i miss thes chaplain core.in core. i miss the work that i do serving the needs of our soldiers and a lot of folksol don't know about how many h m suicides we have. how much struggles that our that soldiers have and that's part oo my calling is working withking h soldiers and making sure theyure have the spiritual care they t need and i miss that.issha >> okay.>> oy. let's talk about

well above average.well a sounds like it.bo >> and the days are gettinge ttn longer.'ll take one second at aonda time. >> 5:15 p.m. >> 5:13. >> okay. sunset today. we're getting there. >> talk traffic now. we'rk erin comaffio has got the lateso our roadways this morning.ning. hey, erin.y, >> that's right. right now we're seeing gray gra gloomy conditions little bitittt slick on the roads from earlier rain. crash still block the ryeblk t shoulder inner loop as you passs braddock road.oa slow traffic but not terrible al you make your way from they om e springfield interchange pastgeas that crash seep folks out offoou their vehicles police one o location use caution try to keet it over to the left lane. lef l as we forward our cameras we'ree seeing sluggish traffic in somem places but right now you can see 66 as pass by 28 pretty opentt seeing other problems earlierarr this morning because of a crash by 28. 95 northbound also quiet byui b prince william parkway out byut 234 you can see a little bit oft heavier vol traffic on 66 eastbound from 23f to the beltway adding ab