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Court: Ark. can't stop desegregation funds
Headline Legal News |
2011/12/27 18:30
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A federal appeals court ruled Wednesday that Arkansas can't cut off funding for desegregation programs in Little Rock-area school districts without a separate hearing and judge's order.
The ruling from the 8th U.S. Circuit Court of Appeals comes months after U.S. District Judge Brian Miller ordered an end to most of the payments, calling them counterproductive. The appeals court heard the case in September.
The state has been spending about $38 million per year to help finance magnet schools that help keep a racial balance in the Little Rock, North Little Rock and Pulaski County school districts, according to Wednesday's ruling, which keeps the money flowing until the matter is resolved in a separate court proceeding.
The state is required by a 1989 settlement to fund magnet schools, transfers between districts and other programs to support desegregation. Lawmakers have long wanted to end the payments, but the districts say they're still necessary.
Battles over school desegregation in Little Rock date back to 1957, when nine black children needed the protection of federal troops to integrate Central High School. Little Rock sued the state and its two neighboring districts in 1982. Two years later, a judge agreed that the districts hadn't done enough to help the city schools desegregate. |
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Supreme Court says Manchester property tax data private
Headline Legal News |
2011/12/27 00:14
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov/ |
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Supreme Court rejects Hessler appeal
Areas of Focus |
2011/12/27 00:14
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The Nebraska Supreme Court on Friday rejected a death-row inmate’s claim that his lawyer failed to properly represent the convicted kidnapper, rapist and murderer at his sentencing.
Jeffrey Hessler had argued that his trial-court lawyer should have demanded a competency hearing when Hessler moved to represent himself at his sentencing. The state Supreme Court rejected that argument, saying allowing someone to serve as their own attorney did not constitute ineffective counsel and Hessler failed to show he couldn’t adequately represent himself at sentencing.
Hessler was convicted of first-degree murder, kidnapping, first-degree sexual assault of a child and use of a firearm to commit a felony in December 2004. He was sentenced to die for the 2003 kidnapping, rape and shooting death of 15-year-old Heather Guerrero. She was delivering newspapers on her morning route just blocks from her home when Hessler grabbed her and forced her into his car.
A jury found that Hessler took her to an abandoned house at nearby Lake Minatare, raped her and then shot her in the head on Feb. 11, 2003. Guerrero’s body was found the next day at the house, about 12 miles from where she disappeared.
Hessler claimed in his appeal that his trial lawyer was ineffective and failed to tell the court that he suffered from mental health problems, including hallucinations.
Scotts Bluff County District Judge Randall Lippstreu dismissed that claim earlier this year, saying Hessler and his attorneys seemed to have had philosophical differences between the time of Hessler’s conviction and sentencing hearing. But, the judge said, that did not constitute ineffective counsel. |
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France ponders removing risky breast implants
Areas of Focus |
2011/12/22 18:27
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Emmanuelle Maria's breasts were burning and globules of silicone gel were protruding into her armpits. Her implants had exploded inside her. Yet her doctors, she says, told her nothing was wrong.
Now, she wants the French government to tell 30,000 women to get their implants removed — at the state's expense — to call attention to their risks and save others from potential pain and indignity.
Prompted by calls from implant wearers and leading doctors, French health authorities are considering a drastic and unprecedented move: recommending mass surgery to rid the country of a type of breast implant that investigators say was secretly made with cheap industrial silicone whose medical dangers remain unclear.
Governments around Europe are hanging on France's decision Friday. Tens of thousands more women in Britain, Italy, Spain and other European nations are walking around with the same pre-filled implants, made by the now-defunct French company Poly Implant Prothese, or PIP.
Health officials from several European countries held a conference call Wednesday to discuss the implants, Portugal's Director-General of Health, Dr. Francisco Jorge, told The Associated Press. European Commission spokesman Frederic Vincent said no decisions were made, but France informed the others of the situation. |
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Suspect in immigration agent killing held in US
Headline Legal News |
2011/12/21 18:43
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An alleged Mexican drug cartel member was arraigned in U.S. federal court Wednesday on murder charges from the roadside ambush of two U.S. immigration agents working south of the border.
A spokesman for the U.S. District Court in Washington says Julian Zapata Espinoza entered a not guilty plea and is being held in jail.
The charges included murder and attempted murder for the Feb. 15 mid-day attack along a four-lane highway that killed U.S. Immigration and Customs Enforcement agent Jaime Zapata
and wounded colleague Victor Avila as they were driving to Mexico City after a meeting with other U.S. personnel. The shooting in the northern state of San Luis Potosi was a rare attack on American officials in the country fighting violent drug cartels.
Zapata Espinoza is known by the nickname "El Piolin," or Tweety Bird, apparently because of his short stature. He was captured along with five other suspected members of the Zeta cartel during an army raid a week after the shooting and recently was extradited to the United States.
The Mexican army said Zapata Espinoza admitted killing Zapata in what he claimed was a case of mistaken identity, with the Zetas mistaking the ICE agents' Chevrolet Suburban for one used by a rival gang. |
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Poker company co-founder pleads guilty in NYC
Areas of Focus |
2011/12/20 18:20
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The co-founder of an Internet poker company pleaded guilty Tuesday to conspiracy charges, admitting that he knew he was breaking the law when he arranged for U.S. banks to process gambling proceeds.
Brent Buckley, 31, entered the plea in U.S. District Court in Manhattan, saying he knew it was illegal to accept credit cards so that customers could gamble on the Internet.
"I knew that it was illegal to deceive the banks," Buckley told Magistrate Judge Ronald Ellis in a plea deal that calls for him to receive a sentence between a year and a year and a half in prison. Sentencing was set for April 19.
The charges stem from a prosecution that shut down U.S. operations of the three largest Internet companies last spring.
Buckley was a co-founder of Absolute Poker. Prosecutors said Absolute Poker, Full Tilt Poker and PokerStars tricked U.S. banks into processing billions of dollars of gambling transactions by disguising the money as payments to hundreds of non-existent online merchants purporting to sell merchandise such as jewelry and golf balls.
Buckley, who stood with his hands clasped behind his back, was described in court as the director of payments for Absolute Poker.
The U.S. in October 2006 enacted the Unlawful Internet Gambling Enforcement Act, which makes it a crime for gambling businesses to knowingly accept most forms of payment in connection with the participation of another person in unlawful Internet gambling. |
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Gingrich assails judges as he courts conservatives
Headline Legal News |
2011/12/20 18:20
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As he works to rev up his conservative base in Iowa with just two weeks to go until the state's caucuses, Newt Gingrich is launching a full-throated assault on a reliable GOP target: judges.
There is little love for the judicial branch among the Republicans seeking the White House. But Gingrich's ridicule has been, by far, the sharpest and the loudest. And it's taken a central role as his campaign struggles to stay atop polls in Iowa, a state where irate social conservatives ousted three judges who legalized same-sex marriage.
"I commend the people of Iowa for sending a strong signal that when judges overreach that they can find a new job," Gingrich told about 200 supporters who turned out to hear him speak in Davenport, Iowa, on Monday.
Gingrich has suggested that judges who issue what he termed "radical" rulings out of step with mainstream American values should be subpoenaed before Congress to explain themselves before facing possible impeachment. As president, he said, he'd consider dispatching U.S. marshals to round up judges who refuse to show voluntarily. In extreme cases, whole courts could be eliminated.
In the final debate before voters weigh in at the Jan. 3 Iowa caucuses, Gingrich called the courts "grotesquely dictatorial." He cast the fight in stark religious terms reminiscent of the culture wars, in which a secular, legal elite was encroaching on religious liberties.
The targets of Gingrich's strongest derision: the West Coast's 9th U.S. Circuit Court of Appeals, a perennial punching bag for the right, and a federal judge in Texas who banned prayer in a public school. |
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