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Md. court considering same-sex spousal privilege
Headline Legal News |
2011/04/25 16:22
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A court in Hagerstown is poised to consider whether a woman who legally married her lesbian partner in another jurisdiction can assert the spousal privilege of refusing to testify against her in Maryland, where same-sex marriage isn't allowed.
Lawyers are set to argue their positions Monday during a hearing in a 2010 assault case
Washington County prosecutors want the judge to compel Sharron Saleem to testify about her statement to police that Deborah Snowden pushed her and threatened her with a knife.
A brief filed by Snowden's public defender cites a 2010 opinion by Maryland Attorney General Douglas Gansler that out-of-state, same-sex marriages may be recognized under Maryland law. But Gansler's opinion didn't directly address the question of spousal privilege. |
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Court denies Va. inmate's lawsuit over beard
Areas of Focus |
2011/04/23 16:23
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A federal court has denied a Muslim inmate's lawsuit claiming the Virginia prison system violated his religious rights by refusing to allow him to grow a 1/8-inch beard.
William Couch challenged the Department of Corrections' grooming policy that bans long hair or beards.
A federal court in Harrisonburg sided with the department Thursday.
Couch's attorney, Jeffrey Fogel, filed an appeal Monday. He argues the beard is too short to allow Couch to easily change his appearance or hide weapons, which is the department's reason for the policy.
A federal appellate court ruled against a group of inmates who sued the department after the grooming policy was instituted in 1999. Several lived in segregation for more than a decade until the department developed a separate living space for them last year. |
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Treasury risks overpaying law firms
Legal Topics |
2011/04/18 16:38
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The Treasury Department paid out more than $27 million to law firms overseeing the financial bailouts without requiring detailed bills or questioning the incomplete records that the lawyers provided, a government watchdog says.
Treasury's "current contracts and fee bill review practices create an unacceptable risk that Treasury, and therefore the American taxpayer, is overpaying for legal services," the Special Inspector General for the Troubled Asset Relief Program said in a report issued Thursday.
Treasury could not have adequately gauged whether the fees were reasonable because the records are so sparse, the report says.
The report criticizes so-called "block billing," in which law firms submit "vague and inadequate descriptions of work, and administrative charges — all of which should have been questioned before payment," the report says.
Treasury staff failed to question the charges for work that was described vaguely, the report says. |
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Court turns down appeal in murder plot case
Legal Topics |
2011/04/18 16:37
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The Supreme Court has rejected an appeal in a murder-for-hire plot after the star prosecution witness forged documents used at trial and lied about his military background.
The court said Monday it will not review a divided appeals court ruling that, by a 6-5 vote, upheld the conviction of Idaho businessman David Hinkson for plotting to kill a federal judge, prosecutor and tax agent. Hinkson is serving a 43-year prison term.
Earlier, a three-judge panel on the San Francisco-based 9th U.S. Circuit Court of Appeals had decided that Hinkson deserved a new trial because the witness, Elven Joe Swisher, lied about his war record, including presenting forged documents.
Swisher later was convicted of defrauding the government of nearly $100,000 in veterans' benefits and wearing unauthorized military medals. |
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Democrats criticize hiring of firm for House remap
Areas of Focus |
2011/04/18 15:37
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Democratic lawmakers are raising complaints about Republican House Speaker Jim Tucker's decision to hire a law firm with national GOP ties to submit the state House remap to federal officials.
The head of the House redistricting committee, Democratic Rep. Rick Gallot, said Friday the choice creates the appearance of impropriety because the firm had given the Republican delegation advice about redistricting.
The Senate is using its staff to do its redistricting submission.
Tucker has hired Washington, D.C.-based Holtzman Vogel PLLC to guide the redesign of the 105 House districts to the U.S. Justice Department for review under the Voting Rights Act.
Tucker says he chose a firm with the expertise needed for the complex legal work.
The managing partner of Holtzman Vogel is chief counsel to the Republican National Committee. |
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US court turns away new appeal from Uighurs
Headline Legal News |
2011/04/17 16:38
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The five remaining Chinese Muslims who are being held at Guantanamo Bay lost their latest bid Monday to get the Supreme Court to hear their case.
The justices turned away a plea from the five detainees, who have been held at the U.S. naval base in Cuba for nearly nine years.
The detainees had previously declined an offer to be resettled in the tiny Pacific nation of Palau, where six other Chinese Muslims, or Uighurs, have gone to live. It is not clear why the five refused to go to Palau, or to a second, unidentified country that the Obama administration has said was willing to take them.
Justice Stephen Breyer, writing for three of his colleagues, said he agreed with the court's decision not to hear the case because of the two countries' offers and "the government's uncontested commitment to continue to work to resettle" the Uighurs. Justices Ruth Bader Ginsburg, Anthony Kennedy and Sonia Sotomayor joined Breyer's opinion.
Justice Elena Kagan, who worked on the case while serving in the Justice Department, did not take part in the court's action Monday.
The detainees wanted the court to consider the question of whether a judge can order detainees released into the United States. |
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Court ruling could mean NJ budget scramble
Legal Topics |
2011/04/10 18:54
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Gov. Chris Christie is warning that if the state Supreme Court rules the way it usually does on a long-running school funding case, it could doom other state services. The build-up about the immediate consequences gives the chapter of the court case known as Abbott v. Burke even more significance than many of the 20 other decisions in the case dating back to the 1980s. The question now before the court is whether the state's cuts in aid to schools for the current academic year were so deep that New Jersey didn't live up to its constitutional requirement of providing a "thorough and efficient education" to all students.It's not clear when it might be decided. But lawyers for the state and for children in the poorest school districts filed legal papers last week laying out their sides. Oral arguments are scheduled for April 20. Over the long history of the case, the state Supreme Court has consistently ruled that New Jersey should provide more money to the state's poorest school districts. The rulings have led to free preschools for 3- and 4-year-olds in those cities. Those programs are often cited as national models and given credit for improving test scores of grade-school students. The infusion of money has also brought replacements and repairs for many of their decrepit school buildings, extra help for teaching key areas such as reading.
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