Judge admonishes victims' dad who charged at Nassar in court
Legal Topics | 2018/02/03 23:48
A distraught father seething over sexual abuse suffered by three daughters tried to attack former sports doctor Larry Nassar in a Michigan courtroom Friday after a judge rejected his request to confront the "demon" in a locked room, a stunning rush that reflected the anguish felt by parents who trusted him with their children.

Randall Margraves was blocked by an attorney, tackled by sheriff's deputies and hauled out of court. He later apologized, saying he had lost control. Eaton County Judge Janice Cunningham said there was "no way" she would fine him or send him to jail under her contempt-of-court powers.

"I don't know what it would be like to stand there as a father and know that three of your girls were injured physically and emotionally by somebody sitting in a courtroom. I can't imagine that," the judge said.

Nonetheless, she added, it is "not acceptable that we combat assault with assault."

The incident occurred during the third and final sentencing hearing for Nassar, who has admitted to sexually assaulting girls under the guise of medical treatment. This case focuses on his work at Twistars, an elite gymnastics club southwest of Lansing.

Nassar, 54, already will spend the rest of his life in prison. He was sentenced last week to 40 to 175 years in prison for assaults at Michigan State University and his home and was ordered in December to spend 60 years in a federal prison for child pornography crimes.

Nassar pleaded guilty to molesting nine victims in Eaton and Ingham counties, but the courts have been open to anyone who says she was assaulted during his decades of work at Michigan State, Twistars and USA Gymnastics, which trains Olympians. More than 200 accusers so far have spoken or submitted statements in the two counties, and at least 80 percent have agreed to be publicly identified.

Margraves' dramatic move occurred after he listened to two of his daughters speak in court for 10 minutes. Lauren Margraves, a college student, said her parents were "filled with regret" because they took three daughters to see Nassar for sports injuries.

"I see the look in their faces and I know they want to be able to do something but they can't," she told Nassar. "The guilt they have will never go away. All this is because of you."

Her father then stepped up and asked the judge if she would grant him "five minutes in a locked room with this demon." Cunningham declined and also turned down his request for "one minute." That is when Randall Margraves rushed toward Nassar.

There were gasps and tears in the courtroom. Assistant Attorney General Angela Povilaitis turned to the gallery and told families to "use your words," not violence.




Court error unmasks person of interest in Las Vegas massacre
Legal Topics | 2018/02/01 10:17
A court error publicly revealed the name of a man identified as a person of interest in the deadliest mass shooting in modern U.S. history.

Clark County District Court Judge Elissa Cadish acknowledged that a member of her court staff failed to black out the man’s name on one of 276 pages of documents released to news organizations including The Associated Press and Las Vegas Review-Journal.

After the error was recognized, lawyers for the news organizations were told to return the documents. The attorney representing AP and other media did so, but the other lawyer had already transmitted the documents and the Review-Journal published Douglas Haig’s name online.

Cadish later ordered the document not be published without redactions, but she acknowledged she couldn’t order the newspaper to retract the name.


Analysis: Outside groups may factor in Arkansas court race
Legal Topics | 2018/01/26 21:42
Arkansas Supreme Court Justice Courtney Goodson lost her bid to run the state's highest court two years ago after coming under fire from conservative groups that spent big on mailers and TV ads targeting her. Two years earlier, David Sterling was defeated in the race for the Republican attorney general nomination despite outside groups going after his rival in that race.

Now, the two are about to face off in what could wind up being another costly and heated fight for a state high court seat that could overshadow other races on the ballot this year. It could also turn into a proxy fight over the state's resumption of executions and the court's role in scaling back what had been an unprecedented plan to put eight men to death over an 11-day period.

Goodson quietly launched her campaign last week, with an adviser confirming that she planned to seek another term on the state's high court in the May judicial election. The same day, Sterling said he planned to challenge the incumbent jurist.

Neither candidate has laid out campaign arguments, but the past two election cycles offer some guide of what to expect. Goodson launched her bid for the chief justice seat ago vowing to represent "conservative values" on the court.

"The Supreme Court is supposed to represent your common sense, conservative values, to uphold the rule of law and to look out for your rights," Goodson said in a campaign video she posted in the fall of 2015.

A year earlier, Sterling was touting his conservative credentials in his campaign for attorney general and promised to use the office to protect Arkansans from "an overreaching federal government." Sterling lost in the runoff for the Republican nomination against Leslie Rutledge, who is now seeking re-election as the state's top attorney.


Court rules that Kushner firm must disclose partners' names
Legal Topics | 2018/01/21 07:43
A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.

A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.

The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.

U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.

The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.

Westminster has said it has broken no laws and denies the charges.

In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.

In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important.


Court: Yes, there is doctor-patient confidentiality
Legal Topics | 2018/01/14 01:44
Connecticut's highest court has ruled on an issue that most people may think is already settled, saying doctors have a duty to keep patients' medical records confidential and can be sued if they don't.

The Supreme Court's 6-0 decision Thursday overturned a lower court judge who said Connecticut had yet to recognize doctor-patient confidentiality.

The high court's ruling reinstated a lawsuit by former New Canaan resident Emily Byrne against the Avery Center for Obstetrics & Gynecology in Westport.

Byrne, who now lives in Montpelier, Vermont, alleged the doctor's office sent her medical file to a court without her permission — allowing the father of her child to look at it and use the information to harass her.

The Avery Center argued there is no duty for doctors to keep patients' information confidential.



Court extends halt in Louisiana executions after judge dies
Legal Topics | 2018/01/07 10:42
A court order blocking Louisiana from carrying out any executions has been extended indefinitely after the death of the federal judge who issued it.

A lawsuit challenging the state's lethal injection protocols has kept death sentences on hold since 2014. U.S. District Judge James Brady, who died Dec. 9 after a brief illness, oversaw the lawsuit and agreed to order the temporary stay of all executions.

Brady's order was due to expire next Monday, but U.S. District Judge Shelly Dick agreed Thursday to extend it until another judge is assigned to the lawsuit.

Louisiana has 72 inmates on death row, according to state corrections department spokesman Ken Pastorick. The state's last execution was in January 2010, when it carried out a death sentence for Gerald Bordelon, who was convicted of killing his 12-year-old stepdaughter in 2002.

Drug shortages have forced the corrections department to rewrite its execution plan several times since 2010. Under the state's current execution protocols, its primary method is a single-drug injection of pentobarbital, a powerful sedative. The alternative method is a two-drug combination of the painkiller hydromorphone and the sedative midazolam.

The most recent order that Brady issued to halt executions — at the request of Louisiana Attorney General Jeff Landry — is limited to death row inmates who are plaintiffs in the litigation. But others can join the lawsuit if an execution date is set by the courts.



Myanmar court extends detention for 2 Reuters reporters
Legal Topics | 2017/12/18 10:45
A court in Myanmar extended the detention of two Reuters journalists on Wednesday and set their trial for Jan. 10 on charges of violating state secrets.

Wa Lone and Kyaw Soe Oo were arrested Dec. 12 for acquiring "important secret papers" from two policemen. The police officers had worked in Rakhine state, where abuses widely blamed on the military have driven more than 630,000 Rohingya Muslims to flee into neighboring Bangladesh. The charges are are punishable by up to 14 years in prison.

"We are just working as journalists. ... We never violate journalism ethics," Wa Lone told reporters as he and his colleague were led out of a police van into the courtroom in Mingalardon, on the outskirts of Yangon.

Their families wept as they got a chance to see them for the first time since their arrests.

"I want my husband to be free soon. And I trust him that he would never violate the law," said Wa Lone's wife, Pan Ei Mon.

U.S., U.N. and European Union officials are among others calling for their release.

Dozens of Myanmar journalists appeared at the court wearing black shirts as part of a protest against the journalists' arrests.

"We are facing the same kind of harassment under the civilian government as we did under the military government," said Thar Lun Zaung Htet, head of a local pressure group for press freedom. "It is not fair for the two journalists to be charged under the official secrets act because they were doing their job as journalists who tried to get information."

On Tuesday, authorities said they would drop charges against two Singaporean reporters and their local staff working for the Turkish state broadcaster TRT. They were arrested on Oct. 27 for allegedly flying a drone over the parliament building without permission.


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