No choking charges for Wis. Supreme Court justice
Headline Legal News | 2011/08/26 17:04
A conservative Wisconsin state Supreme Court justice who staved off an unusually intense campaign to replace him this summer will not face criminal charges over allegations that he tried to choke a liberal colleague, a prosecutor said Thursday.

Sauk County District Attorney Patricia Barrett, a special prosecutor in the case, said that after reviewing investigators' reports, she decided there's no basis to file charges against either Justice David Prosser or Justice Ann Walsh Bradley, who accused Prosser of choking her.

Barrett, who is a Republican, told The Associated Press that the accounts of the other justices who were present when the alleged altercation occurred varied widely, however she declined to elaborate.

"I believe a complete review of the report suggests there is a difference of opinion. There are a variety of statements about what occurred ... the totality of what did happen does not support criminal charges against either Justice Bradley or Justice Prosser," Barrett said.

Walsh Bradley accused Prosser of choking her in June while the justices were deliberating the merits of a lawsuit challenging Republican Gov. Scott Walker's contentious law stripping public workers of most of their collective bargaining rights. Walsh Bradley, 61, is seen as part of the court's three-justice liberal minority, while Prosser, a 68-year-old former Republican legislator, is considered part of the four-justice conservative majority. The factions have been feuding for years.

The court delivered its verdict the day after the alleged incident, ruling 4-3 to uphold the law and allowing it to finally take effect. As expected, Prosser voted with the majority.


Court asked to stop immigrant license checks
Legal Topics | 2011/08/24 15:57

Four state legislators and a Silver City woman asked a judge Wednesday to stop Gov. Susana Martinez's administration from trying to verify whether immigrants who received a driver's license in New Mexico still live in the state.

An Albuquerque law firm and the Mexican American Legal Defense and Educational Fund filed a lawsuit in state District Court in Santa Fe on behalf of the Democratic lawmakers and the Hispanic woman.

The suit seeks to block a state agency from checking a random sample of 10,000 license holders who are foreign nationals to determine their residency.

New Mexico is one of only three states — the others are Washington and Utah — where an illegal immigrant can get a driver's license because no proof of citizenship is required. However, Utah's permits cannot be used as government ID cards.

Martinez wants the Legislature to end New Mexico's policy of granting driver's licenses to illegal immigrants. She and other critics contend it jeopardizes public safety and attracts illegal immigrants who fraudulently claim to live in the state only to get ID cards that make it easier to stay in the country.




Prosecutors: Blagojevich convictions should stand
Legal Topics | 2011/08/23 17:20
Rod Blagojevich received a fair retrial and his convictions for corruption including trying to sell President Barack Obama's Senate seat should stand, prosecutors said Tuesday in their retort to the ousted Illinois governor's request for another new trial.

The government's 133-page filing in U.S. District Court in Chicago nearly matched a 158-page defense motion last month that alleged a litany of errors at Blagojevich's retrial earlier this year.

"In reality, there was no bias, manipulation, or unfairness on the part of the prosecution, judge or jury," prosecutors said in their response. "The defendant was fairly convicted by a jury of his peers based on overwhelming evidence."

The filing comes just weeks before Blagojevich's sentencing hearing, scheduled to begin Oct. 6. Many legal experts say U.S. District Judge James Zagel is likely to give the 54-year-old Democrat around ten years in prison.

Blagojevich's retrial ended in June with jurors convicting him on 17 of 20 corruption counts, including that he tried to sell or trade the appointment to Obama's vacated Senate seat for a top job or campaign cash.

At the former governor's first trial last year, jurors were deadlocked on all but one count, convicting the twice-elected Blagojevich of making a false statement to the FBI about the extent of his participation in political fundraising.

Among other alleged judicial errors, defense attorneys pointed in their motion to one of the most memorable moments at the retrial — when lead prosecutor Reid Schar opened a blistering cross-examination of Blagojevich.


NY court rejects $18M class action writers deal
Areas of Focus | 2011/08/23 17:20
A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.

The writers had said their copyrights were infringed upon when their works were reprinted online without permission.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.

The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago.


NY court rejects $18M class action writers deal
Headline Legal News | 2011/08/18 16:19
A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.

The writers had said their copyrights were infringed upon when their works were reprinted online without permission.

The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.

The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago.


Man found guilty in Atlanta of killing boxer
Headline Legal News | 2011/08/18 16:18
A Fulton County jury has found DeMario Ware guilty of felony murder and other charges in the shooting of former world champion boxer Vernon Forrest.

The jury acquitted Ware on a malice murder charge.

The 22-year-old Ware did not fire the gun that killed the 38-year-old welterweight, but was charged with malice murder, felony murder, armed robbery and aggravated assault. He could be sentenced to life in prison.

The Atlanta Journal-Constitution reports that in a police interview played for the jury, Ware admitted pointing a loaded gun at Forrest on the night of July 25, 2009, and taking the boxer's gold championship ring and Rolex watch. Police say Forrest chased Ware but failed to catch him and wound up being shot to death by Charman Sinkfield, one of Ware's codefendants.


EPA settles with owners of Mass. chemical plant
Headline Legal News | 2011/08/17 17:34
The owners of a suburban Massachusetts chemical plant that exploded in 2006, destroying dozens of homes, have agreed to pay the federal government an estimated $1.3 million to help cover the cost of cleaning up the hazardous waste that was left behind.

The Environmental Protection Agency said a consent decree unveiled Monday requires the companies to pay for some of the $2.7 million spent by the agency to clean up the site after the explosion in Danvers, a town about 25 miles north-northeast of Boston.

The EPA said the action resolves claims against former operator CAI Inc. and property owners Sartorelli Realty LLC and Roy Nelson, of the Nelson Danvers Realty Trust.

The EPA also announced that CAI will pay $100,000 to settle allegations that conditions at the facility violated the federal Clean Air Act. The $1.3 million includes cash and the net proceeds from the sale of the property, assuming the property sells for its appraised value, the agency said.

A series of explosions at the ink and paint factory shared by CAI and Arnel Co. Inc. on Nov. 22, 2006, damaged 270 local homes and businesses. No one was killed or seriously injured.


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