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Appeals court overturns ex-49er Dana Stubblefield’s rape conviction
Legal Interview |
2024/12/27 03:47
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A California appeals court has overturned the rape conviction of former San Francisco 49er Dana Stubblefield after determining prosecutors made racially discriminatory statements during the Black man’s trial.
The retired football player was sentenced to 15 years to life in prison in October 2020 after being convicted of raping a developmentally disabled woman in 2015 who prosecutors said he lured to his home with the promise of a babysitting job.
The Sixth Court of Appeals found Wednesday that prosecutors violated the California Racial Justice Act of 2020, a law passed during a summer of protest over the police killing of George Floyd. The measure bars prosecutors from seeking a criminal conviction or imposing a sentence on the basis of race.
Prior to the law, defendants who wanted to challenge their convictions on the basis of racial bias had to prove there was “purposeful discrimination,” a difficult legal standard to meet.
The appeals court said prosecutors used “racially discriminatory language” that required them to overturn Stubblefield’s conviction.
The case was “infected with tremendous error from the minute we started the trial,” said Stubblefield’s lead attorney, Kenneth Rosenfeld.
In April 2015, Stubblefield contacted the then-31-year-old woman on a babysitting website and arranged an interview, prosecutors said.
According to a report by the Morgan Hill Police Department, the interview lasted about 20 minutes. She later received a text from Stubblefield saying he wanted to pay her for her time that day, and she went back to the house.
The woman reported to the police that Stubblefield raped her at gunpoint, then gave her $80 and let her go. DNA evidence matched that of Stubblefield, the report said.
During the trial, prosecutors said police never searched Stubblefield’s house and never introduced a gun into evidence, saying it was because he was famous Black man and it would “open up a storm of controversy,” according to the appellate decision.
By saying Stubblefield’s race was a factor in law enforcement’s decision not to search his house, prosecutors implied the house would’ve been searched and a gun found had Stubblefield not been Black, the appeals court said. The reference to controversy also links Stubblefield to the events after the recent killing of Floyd based on his race.
Defense attorneys said there was no rape, and Stubblefield said the woman consented to sex in exchange for money.
“The trial had a biased judge who didn’t allow the evidence from the defense, the fact that she was a sex worker, to be heard in front of a jury,” Rosenfeld said. He called the incident a “transactional occasion” between Stubblefield and the woman.
He remains in custody until a hearing next week, during which his attorneys will ask a judge to approve a motion to release him. Prosecutors have several options, including asking the court to stay their decision so they can appeal to the state’s Supreme Court, or refile charges.
The Santa Clara District Attorney’s Office said it was “studying the opinion.”
Stubblefield began his 11-year lineman career in the NFL with the 49ers in 1993 as the league’s defensive rookie of the year. He later won the NFL Defensive Player of the Year honors in 1997 before leaving the team to play for Washington. He returned to the Bay Area to finish his career, playing with the 49ers in 2000-01 and the Raiders in 2003.
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Luigi Mangione pleads not guilty to murder and weapons charges
Legal Interview |
2024/12/25 03:48
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The man accused of fatally shooting the CEO of UnitedHealthcare pleaded not guilty on Monday to state murder and terror charges while his attorney complained that comments coming from New York’s mayor would make it tough to receive a fair trial.
Luigi Mangione, 26, was shackled and seated in a Manhattan court when he leaned over to a microphone to enter his plea. The Manhattan district attorney charged him last week with multiple counts of murder, including murder as an act of terrorism.
Mangione’s initial appearance in New York’s state trial court was preempted by federal prosecutors bringing their own charges over the shooting. The federal charges could carry the possibility of the death penalty, while the maximum sentence for the state charges is life in prison without parole.
Prosecutors have said the two cases will proceed on parallel tracks, with the state charges expected to go to trial first. One of Mangione’s attorneys told a judge that the “warring jurisdictions” had turned Mangione into a “human ping-pong ball” and that New York City Mayor Eric Adams and other government officials had made him a political pawn, robbing him of his rights as a defendant and tainting the jury pool.
“I am very concerned about my client’s right to a fair trial,” lawyer Karen Friedman Agnifilo said.
Adams and Police Commissioner Jessica Tisch stood among a throng of heavily armed officers last Thursday when Mangione was flown to a Manhattan heliport and escorted up a pier after being extradited from Pennsylvania.
Friedman Agnifilo said police turned Mangione’s return to New York into a choreographed spectacle. She called out Adams’ comment to a local TV station that he wanted to be there to look “him in the eye and say, ‘you carried out this terroristic act in my city.’”
“He was on display for everyone to see in the biggest stage perp walk I’ve ever seen in my career. It was absolutely unnecessary,” she said.
She also accused federal and state prosecutors of advancing conflicting legal theories, calling their approach confusing and highly unusual.
In a statement, Adams spokesperson Kayla Mamelak Altus wrote: “Critics can say all they want, but showing up to support our law enforcement and sending the message to New Yorkers that violence and vitriol have no place in our city is who Mayor Eric Adams is to his core.”
“The cold-blooded assassination of Brian Thompson — a father of two — and the terror it infused on the streets of New York City for days has since been sickeningly glorified, shining a spotlight on the darkest corners of the internet,” Mamelak Altus said.
State trial court Judge Gregory Carro said he has little control over what happens outside the courtroom, but can guarantee Mangione will receive a fair trial.
Authorities say Mangione gunned down Thompson as he was walking to an investor conference in midtown Manhattan on the morning of Dec 4.
Mangione was arrested in a Pennsylvania McDonald’s after a five-day search, carrying a gun that matched the one used in the shooting and a fake ID, police said. He also was carrying a notebook expressing hostility toward the health insurance industry and especially wealthy executives, according to federal prosecutors.
At a news conference last week, Manhattan District Attorney Alvin Bragg said the application of the terrorism law reflected the severity of a “frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation.”
“In its most basic terms, this was a killing that was intended to evoke terror,” he added.
Mangione is being held in a Brooklyn federal jail alongside several other high-profile defendants, including Sean “Diddy” Combs and Sam Bankman-Fried.
During his court appearance Monday, he smiled at times when talking with his attorneys and stretched his right hand after an officer removed his cuffs.
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Amazon workers strike at multiple facilities as Teamsters seek labor contract
Legal Topics |
2024/12/21 14:26
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Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period.
The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history.
The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices.
At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections.
The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said.
“Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement.
The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board. |
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Americans’ trust in nation’s court system hits record low, survey finds
Headline Legal News |
2024/12/17 14:22
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At a time of heightened political division, Americans’ confidence in their country’s judicial system and courts dropped to a record low of 35% this year, according to a new Gallup poll.
The United States saw a sharp drop of 24 percentage points over the last four years, setting the country apart from other wealthy nations where most people on average still express trust in their systems.
The results come after a tumultuous period that included the overturning of the nationwide right to abortion, the indictment of former President Donald Trump and the subsequent withdrawal of federal charges, and his attacks on the integrity of the judicial system.
The drop wasn’t limited to one end of the political spectrum. Confidence dropped among people who disapproved of the country’s leadership during Joe Biden’s presidency and among those who approved, according to Gallup. The respondents weren’t asked about their party affiliations.
It’s become normal for people who disapprove of the country’s leadership to also lose at least some confidence in the court system. Still, the 17-point drop recorded among that group under Biden was precipitous, and the cases filed against Trump were likely factors, Gallup said.
Among those who did approve of the country’s leadership, there was an 18-point decline between 2023 and 2024, possibly reflecting dissatisfaction with court rulings favoring Trump, Gallup found. Confidence in the judicial system had been above 60% among that group during the first three years of Biden’s presidency but nosedived this year.
Trump had faced four criminal indictments this year, but only a hush-money case in New York ended with a trial and conviction before he won the presidential race.
Since then, special counsel Jack Smith has ended his two federal cases, which pertained to Trump’s efforts to overturn his 2020 election loss and allegations that he hoarded classified documents at his Mar-a-Lago estate in Florida. A separate state election interference case in Fulton County, Georgia, is largely on hold. Trump denies wrongdoing in all.
Other Gallup findings have shown that Democrats’ confidence in the Supreme Court dropped by 25 points between 2021 and 2022, the year the justices overturned constitutional protections for abortion. Their trust climbed a bit, to 34%, in 2023, but dropped again to 24% in 2024. The change comes after a Supreme Court opinion that Trump and other former presidents have broad immunity from criminal prosecution.
Trust in the court among Republicans, by contrast, reached 71% in 2024.
The judicial system more broadly also lost public confidence more quickly than many other U.S. institutions over the last four years. Confidence in the federal government, for example, also declined to 26%. That was a 20-point drop — not as steep as the decline in confidence in the courts.
The trust drop is also steep compared with other countries around the world. Only a handful of other countries have seen larger drops during a four-year period. They include a 46-point drop in Myanmar during the period that overlapped the return of military rule in 2021, a 35-point drop in Venezuela amid deep economic and political turmoil from 2012 to 2016 and a 28-point drop in Syria in the runup and early years of its civil war.
The survey was based on telephone interviews with a random sample of 1,000 U.S. adults between June 28 and August 1. |
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US appeals court rejects Nasdaq’s diversity rules for company boards
Areas of Focus |
2024/12/14 22:23
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An appeals court in Louisiana has ruled that Nasdaq can’t require diversity on the boards of companies that list on the exchange.
The decision comes more than three years after the Securities and Exchange Commission approved Nasdaq’s proposal to boost the number of women, racial minorities and LGBTQ people on U.S. corporate boards.
The proposed policy — which was to be the first of its kind for a U.S. securities exchange — would have required most of the nearly 3,000 companies listed on Nasdaq to have at least one woman on their board of directors, along with one person from a racial minority or who identifies as gay, lesbian, bisexual, transgender or queer. It also would have required companies to publicly disclose statistics on the demographic composition of their boards.
Some conservative groups and Republican lawmakers have strenuously opposed the proposal, arguing the requirements were arbitrary and burdensome. And on Wednesday the Fifth U.S. Circuit Court of Appeals in New Orleans decided that the proposal was not legal.
The court said in its ruling that the SEC should not have approved Nasdaq’s proposed diversity policy.
“It is not unethical for a company to decline to disclose information about the racial, gender, and LGTBQ+ characteristics of its directors,” the ruling stated. “We are not aware of any established rule or custom of the securities trade that saddles companies with an obligation to explain why their boards of directors do not have as much racial, gender, or sexual orientation diversity as Nasdaq would prefer.”
Nasdaq stands by its proposed policy.
“We maintain that the rule simplified and standardized disclosure requirements to the benefit of both corporates and investors,” Nasdaq said in a statement. “That said, we respect the Court’s decision and do not intend to seek further review.”
The Nasdaq’s U.S. exchange is dominated by technology companies, like Apple and Microsoft, but there are many financial, biotech and industrial companies as well. The SEC also weighed in.
“We’re reviewing the decision and will determine next steps as appropriate,” an SEC spokesperson said in a statement.
The court ruling comes at a time when many companies are taking a closer look at their diversity, equity and inclusion initiatives. In October a group of Democrats in Congress appealed to the largest U.S. companies to hold onto their diversity, equity and inclusion programs, saying such efforts give everyone a fair chance at achieving the American dream.
The 49 House members, led by U.S. Rep. Robert Garcia of California, shared their views in a letter emailed to the leaders of the Fortune 1000. The move followed several major corporations saying in recent months that they would end or curtail their DEI initiatives.
A handful of U.S. companies, including Ford, Harley-Davidson, John Deere, Lowes and Molson Coors, dialed back their DEI initiatives over the summer. The retreats came in the wake of the U.S. Supreme Court outlawing affirmative action in college admissions and after conservative activists targeted prominent American brands over their diversity policies and programs. |
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Supreme Court rejects Wisconsin parents’ challenge to school guidance
Headline Legal News |
2024/12/11 17:45
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The Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.
The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.
Three justices, Samuel Alito, Brett Kavanaugh and Clarence Thomas, would have heard the case. That’s one short of what is needed for full review by the Supreme Court.
Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.
Sixteen Republican-led states had urged the court to take up the parents’ case.
Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.
A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.
But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.
“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families. |
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US inflation ticked up last month as some price pressures remain persistent
Legal Business |
2024/12/09 01:44
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Fueled by pricier used cars, hotel rooms and groceries, inflation in the United States moved slightly higher last month in the latest sign that some price pressures remain elevated.
Consumer prices rose 2.7% in November from a year earlier, up from a yearly figure of 2.6% in October. Excluding volatile food and energy costs, so-called core prices increased 3.3%, the same as in the previous month. Measured month to month, prices climbed 0.3% from October to November, the biggest such increase since April. Core prices also rose 0.3% for a fourth straight month.
Wednesday’s inflation figures from the Labor Department are the final major piece of data that Federal Reserve officials will consider before they meet next week to decide on interest rates. The relatively mild November increase won’t likely be enough to discourage the officials from cutting their key rate by a quarter-point. The probability of a rate cut next week, as envisioned by Wall Street traders, rose to 98% after Wednesday’s inflation report was released, according to futures pricing tracked by CME FedWatch.
“It’s generally in the ballpark of what the Fed would like to see,” said Jason Pride, chief investment strategist at Glenmede, a wealth management firm. Though sharp increases for such items as groceries and hotel rooms increased overall inflation last month, those categories are often volatile. Pride noted that the cost of services, such as rents, car insurance, and airline fares, cooled in November.
Last week, Fed Chair Jerome Powell suggested that with the economy generally healthy, the Fed could reduce its key rate slowly.
“We’re not quite there on inflation, but we’re making progress,” Powell said. “We can afford to be a little more cautious.”
With the job market cooling, growth in Americans’ paychecks has slowed from a nearly 6% annual pace in 2022 to about 4% now, a rate nearly consistent with inflation at the Fed’s 2% target. Powell has said he doesn’t think the current job market is a driver of higher prices.
Randy Carr, CEO of World Emblem, a maker of patches, labels and badges for companies, universities and law enforcement agencies, said he is providing smaller wage increases, in the 3% to 5% range, than his company did during the height of inflation.
“Things have kind of leveled off,” he said.
Carr’s customers, which include the company that makes emblems for UPS uniforms, generally won’t accept price hikes much more than 2% a year. So World Emblem aims to offset the cost of its higher wages through greater efficiencies in manufacturing.
In September, the Fed slashed its benchmark rate, which affects many consumer and business loans, by a sizable half-point. It followed that move with a quarter-point rate cut in November. Those cuts lowered the central bank’s key rate to 4.6%, down from a four-decade high of 5.3%.
Though inflation is now way below its peak of 9.1% in June 2022, average prices are still about 20% higher than they were three years ago — a major source of public discontent that helped drive President-elect Donald Trump’s victory over Vice President Kamala Harris in November.
Grocery prices jumped last month, an uncomfortable reminder for consumers that food prices remain a big drag on households’ budgets. Beef prices leapt 3.1% just from October to November and are up 5% from a year earlier.
Egg prices, which have been volatile for more than two years, in part because of outbreaks of bird flu, soared 8.2% just last month. They are nearly 38% higher than a year ago.
Gas prices ticked up 0.6% from October to November, ending a string of declines. Still, gas is down more than 8% from a year earlier. Hotel prices leapt 3.2% from October to November and are 3.7% higher than a year ago.
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Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
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