Man pleads not guilty in deadly Lodi crash
Areas of Focus | 2014/02/03 23:58
A man has pleaded not guilty to murder, driving under the influence and other charges in a car crash in Central California that killed five members of a family, including a pregnant woman.

The Record of Stockton reports that 28-year-old Ryan Morales entered the plea in San Joaquin County Superior Court on Monday.

Authorities say Morales was driving at freeway speeds in a residential area in Lodi on Oct. 22 when he crashed into a pickup. Five of the pickup's occupants died.

Authorities say Morales had been drinking apple-flavored vodka with his father. A preliminary analysis allegedly showed his blood alcohol count was 2 ½ times the state's limit.

Authorities say they sought a murder charge against Morales because he acted with complete disregard for human life.


Pakistan court dismisses Musharraf medical request
Headline Legal News | 2014/02/03 23:58
A Pakistani court hearing the case against former military ruler Pervez Musharraf on charges of high treason rejected Friday a request that he be allowed to go abroad for treatment, his lawyer and a court official said.

Instead, they said, it issued an arrest warrant for the retired general. But the warrant is "bailable" — meaning he can avoid jail by applying for bail and depositing a bond of 2.5 million rupees (about $20,000). The court said it didn't have the authority to remove his name from the exit control list which restricts him from going abroad.

While Musharraf can't leave the country, it's unlikely he would actually end up in handcuffs immediately and still unclear whether he will ever appear in court — a scene that could be humiliating not just to Musharraf, but to the country's politically powerful military.

The judges' decision is the latest in the legal battles that Musharraf has faced ever since returning to his homeland in March 2013 to take part in the country's elections. Instead of returning to a hero's welcome, he was almost immediately hit with a barrage of cases, threats from the Pakistani Taliban and was disbarred from running in the election.

A lawyer for Musharraf, Mohammed Ali Saif, said the judges ruled that Musharraf must appear in court on Feb. 7.

"We are of the view that no reasonable excuse has been offered to justify the failure of the accused to appear before the court, there is no alternate except to issue a bailable warrant of arrest for the accused," said the court registrar Abdul Ghani Soomro, reading from the court's decision.

Musharraf seized power in a 1999 coup, but became deeply unpopular and was forced to step down in 2008. He later left the country. The high treason case stems from his 2007 decision to impose a state of emergency and detain judges.


Supreme Court orders stay of execution
Areas of Focus | 2014/01/30 23:31
The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.

Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.

Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.

Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.

Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent.


Viacom, Fox want to run anti-smoking ads too
Legal Topics | 2014/01/30 23:30
More TV networks want to gain from tobacco companies' mandate to run anti-smoking ads that will cost tens of millions of dollars.

Fox Broadcasting and the company behind MTV, Comedy Central and BET argue that a court-ordered plan to air anti-tobacco ads on ABC, CBS and NBC won't do a good job reaching young adult and black viewers. Those populations were aggressively targeted by the tobacco industry and are areas of concern for the public health community.

Fox, which is owned by Rupert Murdoch's Twenty-First Century Fox Inc., and Viacom Inc. are asking the U.S. District Court in Washington, D.C., to include its channels in the anti-smoking ad purchase.

The required ads stem from a 2006 ruling that the nation's largest cigarette makers concealed the dangers of smoking for decades. A judge ordered the tobacco companies to pay for corrective statements related to issues such as the adverse health effects of smoking, the addictiveness of smoking and nicotine and the negative health effects of secondhand smoke. The companies involved in the case include Richmond, Va.-based Altria Group Inc., owner of the biggest U.S. tobacco company, Philip Morris USA; No. 2 cigarette maker, R.J. Reynolds Tobacco Co., owned by Winston-Salem, N.C.-based Reynolds American Inc.; and No. 3 cigarette maker Lorillard Inc., based in Greensboro, N.C.

Along with the TV ads, the tobacco companies are also meant to publish statements in newspapers, websites and on cigarette packs.

The tobacco companies and the federal government last month agreed on how to publish the statements. The court must still approve the deal.


Lawmakers push back against Washington high court
Legal Business | 2014/01/27 22:16
Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.

Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.

Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.

Those specific demands have irked budget writers in the Legislature.

"They are way out of their lane," said Republican Sen. Michael Baumgartner.

Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward.


High court rules against steelworkers' claim
Legal Topics | 2014/01/27 22:16
The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.

The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.

Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on.


Supreme Court debates 'straw purchasers' gun law
Headline Legal News | 2014/01/24 22:18
The Supreme Court on Wednesday debated whether a Virginia man who bought a gun for a relative in Pennsylvania can be considered an illegal straw purchaser when both men were legally eligible to purchase firearms.

The justices heard an appeal from Bruce James Abramski Jr., a former police officer. Abramski bought a Glock 19 handgun in Collinsville, in Southside Virginia, in 2009 and transferred it to his uncle in Easton, Pa., who paid him $400.

Abramski was arrested after police thought he was involved in a bank robbery in Rocky Mount, Va. No charges were ever filed on the bank robbery, but officials charged him with making false statements about the purchase of the gun.

Abramski answered “yes” on a federal form asking, “Are you the actual transferee buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”

Abramski’s lawyers told the high court that since he and his uncle were legally allowed to own guns, the law should not have applied to him.


Feds to limit use of shackles at immigration court.


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