Doctor charged in wife's death moved after threat to him
Court News | 2018/01/15 19:44
A New Jersey doctor accused of having his wife killed to protect an illegal prescription drug ring he was running with an outlaw biker gang has been moved to a different jail nearly 100 miles away due to an alleged plot by a co-defendant to kill him.

James Kauffman, 68, of Linwood, New Jersey, is charged with numerous offenses, including murder, racketeering and weapons offenses.

Kauffman and co-defendant Ferdinand Augello, 61, of Petersburg, New Jersey, are charged in the death of Kauffman's 47-year-old wife, April, a radio talk show host who was fatally shot in her home in May 2012.

The charges, including those relating to April Kauffman's shooting as well as the alleged plot to kill James Kauffman, were announced Tuesday after more than five years of investigation.

On Thursday, following brief initial court appearances via video links, prosecutors said Kauffman has been moved from the Atlantic County Jail in Mays Landing to the Hudson County Jail in Kearney, nearly 100 miles away, for his protection.

"We don't think it would be prudent for those two to be lodged together," Atlantic County Prosecutor Damon Tyner said.


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.



Women taking their right to go topless to state's high court
Attorney News | 2018/01/12 20:44
In a case that pits freedom of expression and equality against public decency, three women are challenging a New Hampshire city ordinance prohibiting public nudity and taking it to the state's highest court.

Heidi Lilley, Kia Sinclair and Ginger Pierro were ticketed in 2016 in Laconia after they went topless at Weirs Beach over Memorial Day weekend. Pierro was doing yoga, while the other two were sunbathing.

Some beachgoers complained and a police officer asked them to cover up. When they refused, they were arrested. A legal motion to dismiss a case against the women was denied so they have appealed it to the New Hampshire Supreme Court, which is expected to hear the case Feb. 1. The women want to the court to dismiss their conviction by invalidating the city's ordinance.

The three women argue there's no state law forbidding female toplessness and that the ordinance is discriminatory since men are allowed to go shirtless. They also contend their constitutional rights to freedom of expression were violated.

"The law in the state of New Hampshire is that it is legal for a woman to go topless so we're trying to get the town of Laconia to recognize and to stay with the state," Lilley said. "The town ordinance, in our opinion, is not constitutional. We're hoping the Supreme Court will see that."

The women are part of the Free the Nipple movement, a global campaign that argues it should be acceptable for women to bare their nipples in public, since men can. Supporters of the campaign also are taking their causes to courts with mixed success.

A U.S. District Court judge ruled in October that a public indecency ordinance in Missouri didn't violate the state constitution by allowing men, but not women, to show their nipples. But in February, a U.S. District Court judge blocked the city of Fort Collins, Colorado, from enforcing a law against women going topless, arguing it was based on gender discrimination. The city is appealing.''



Supreme Court takes the wheel in 2 cases of vehicle searches
Attorney News | 2018/01/12 02:39
The Supreme Court's justices put themselves in the driver's seat Tuesday, hearing arguments in two cases involving vehicle searches, but it was unclear what routes the justices will take to resolve the cases.

One case involved Pennsylvania state troopers' stop of a rental car driven by a man who wasn't on the rental agreement. The second involved a policeman's search for a stolen motorcycle in Virginia.

"One of the things that I think is very important in these types of cases is the ability to give clear guidance not only to the courts but to the police," Chief Justice Roberts said. Justice Stephen Breyer, when trying to describe a resolution to the case, said he was "looking for something simple."

The first case involves Terrence Byrd, who was driving his fiancee's rental car on a Pennsylvania highway when a state trooper pulled him over for an alleged minor traffic violation. He acted nervous during the stop and told troopers he had a marijuana cigarette in the car, and officers decided to search the car.

Because the rental agreement didn't authorize Byrd to drive the gray Ford Fusion, troopers told him they didn't need his consent for the search. And when troopers opened the trunk, they found body armor and about 2,500 little bags of heroin. Byrd later acknowledged he planned to sell the drugs for roughly $7,000, and a court sentenced him to 10 years in prison.

Byrd's attorneys argue his case has potential consequences for the 115 million car rentals that take place annually in the United States. They say that if the government wins, police will have an incentive to pull over a rental car driver who commits a traffic violation because police will know they can search the car if the driver isn't on the rental agreement.



Doctor charged in wife's death moved after threat to him
Court News | 2018/01/11 10:39
A New Jersey doctor accused of having his wife killed to protect an illegal prescription drug ring he was running with an outlaw biker gang has been moved to a different jail nearly 100 miles away due to an alleged plot by a co-defendant to kill him.

James Kauffman, 68, of Linwood, New Jersey, is charged with numerous offenses, including murder, racketeering and weapons offenses.

Kauffman and co-defendant Ferdinand Augello, 61, of Petersburg, New Jersey, are charged in the death of Kauffman's 47-year-old wife, April, a radio talk show host who was fatally shot in her home in May 2012.

The charges, including those relating to April Kauffman's shooting as well as the alleged plot to kill James Kauffman, were announced Tuesday after more than five years of investigation.

On Thursday, following brief initial court appearances via video links, prosecutors said Kauffman has been moved from the Atlantic County Jail in Mays Landing to the Hudson County Jail in Kearney, nearly 100 miles away, for his protection.

"We don't think it would be prudent for those two to be lodged together," Atlantic County Prosecutor Damon Tyner said.



Democratic judge announces bid for Ohio Supreme Court seat
Attorney News | 2018/01/10 10:42
A Democratic judge has announced his candidacy for a seat on the Ohio Supreme Court. Michael Donnelly currently serves on the Cuyahoga County Court of Common Pleas in Cleveland. He said Thursday he's running for the high court this year.

There are two November races for seats on the seven-person court. One is for an open seat being vacated by the retirement of Republican Justice Terrence O'Donnell. The second is for a seat being vacated this month by Democratic Justice William O'Neill, who is running for governor.

Gov. John Kasich is expected to appoint a fellow Republican to fill O'Neill's seat, and that person will then choose whether to run for the full six-year term.




State high court upholds ex-police chief's murder conviction
Court News | 2018/01/10 10:39
The South Dakota Supreme Court has upheld the murder conviction of a former police chief found guilty in the 2009 death of his pregnant fiancée.

Russell Bertram was sentenced in 2016 to life in prison for fatally shooting 26-year-old Leonila Stickney. The high court this week declined to vacate Bertram's conviction.

At the time of the incident, Bertram told authorities he was putting his shotgun into his truck after a hunting trip when the weapon fired accidentally, striking Stickney.

Officials accused the one-time Harrisburg police chief of shooting Stickney out of jealousy and to collect more than $900,000 in insurance benefits.

Supreme Court justices ruled the circuit court didn't abuse its discretion by excluding polygraph evidence from Bertram or admitting prosecutors' evidence of his sexual encounters with other women in the days before Stickney's death.



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