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High court won't step into Mich. dispute over harness racing
Legal Topics |
2016/04/25 17:21
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The Supreme Court won't step into a dispute between Michigan gaming officials and a group of harness racing drivers over allegations of race-fixing.
The drivers had refused to speak to state investigators without a grant of immunity from prosecution. The 6th U.S. Circuit Court of Appeals ruled last year that they had a constitutional right to remain silent.
Michigan officials argued that gaming officials did not have to grant immunity before taking action against the drivers. The drivers were never charged with any crimes.
The justices on Monday left in place the appeals court ruling. Harness racing is a form of horse racing. |
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JetBlue attendant pleads not guilty to cocaine charge
Legal Interview |
2016/04/24 17:21
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A JetBlue flight attendant accused of trying to sneak a suitcase full of cocaine through Los Angeles International Airport has pleaded not guilty to a federal charge.
City News Service says Marsha Gay Reynolds entered the plea Friday to possessing cocaine with intent to distribute.
Authorities say during a random security screening at LAX in March, the former Jamaican beauty queen left her carry-on luggage, kicked off her Gucci high heels and bolted down an upward-moving escalator.
Authorities found about 70 pounds of cocaine in her luggage.
Reynolds, who lives in Queens, later surrendered in New York.
If convicted, she faces 10 years in prison.
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Arkansas funeral home pleads guilty over stacked bodies
Headline Legal News |
2016/04/23 17:21
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The company that owns an Arkansas funeral home where bodies were found stacked on top of each other in unrefrigerated areas pleaded guilty Friday after felony charges were dropped against the father and son who own the business.
Arkansas Funeral Care pleaded guilty in Pulaski County Circuit Court to five felony counts of abuse of a corpse after 13 abuse of corpse charges were dismissed against LeRoy Wood and Rod Wood. The plea agreement finalized days before a trial scheduled for Monday also dropped eight corpse abuse charges against the Jacksonville funeral home.
The company faces up to $100,000 in fines during a sentencing hearing scheduled for May 19.
LeRoy Wood's attorney, Dustin McDaniel, said "none of it was on purpose" and his client "hopes the families of the loved ones who were involved in this know how deeply sad he is that any of this had happened."
"We are at the same time deeply gratified that the state has dropped the charges against them individually," McDaniel said.
The funeral home's license was suspended last year after the state licensing agency investigated complaints by a former employee and found a cooler "filled beyond capacity with bodies" and bodies "stacked on top of each other." Investigators removed 31 bodies and 22 cremated remains from the business.
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Federal lawyer gets 30 days for forging document
Legal Topics |
2016/04/22 17:22
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A U.S. Immigration and Customs Enforcement attorney was sentenced to 30 days in jail Wednesday for forging a document to make it look like a Mexican man who wanted to stay in the United States was not eligible to do so.
Jonathan M. Love was also sentenced to 100 hours of community service, must resign his law license and must pay Ignacio Lanuza $12,000 in restitution, Seattlepi.com reported. Love, 58, previously pleaded guilty to a federal deprivation of rights misdemeanor charge, acknowledging he used his position to deprive Lanuza of due process.
The U.S. Attorney's Office says Lanuza was stopped by an ICE officer in 2008, and ICE started removal proceedings.
Love was assigned the case in 2009 and submitted a document to the Immigration Court that he said was signed by Lanuza in 2000. Prosecutors say Love doctored the date to make Lanuza ineligible to have his removal cancelled.
Lanuza should have been eligible to contest his deportation because he had been living in the United States for over 10 years, showed good moral character and had a family made up of U.S. citizens. Love's forgery was meant to make it appear as though Lanuza hadn't been in the United States for 10 years and was therefore ineligible for deportation relief.
The motive for Love's actions remains unclear. He said in court Wednesday he didn't know why he did it.
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Court document: Newtown teacher carried loaded gun in school
Legal Topics |
2016/04/21 21:40
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Court documents show a Newtown middle school teacher who was arrested on a weapon possession charge was carrying a loaded .45-caliber pistol in a holster inside the school.
A Danbury Superior Court judge on Wednesday entered an initial not-guilty plea for 46-year-old Jason Adams before continuing the case to May 25.
Adams was arrested April 6 after a school employee saw the pistol and notified authorities.
Police say Adams had a valid pistol permit, but Connecticut state law prohibits possession of firearms on school grounds.
Adams was placed on administrative leave. He has not responded to messages left at his home.
Newtown Middle School is less than 2 miles from the site of the December 2012 shooting rampage at Sandy Hook Elementary School that killed 20 first-graders and six educators.
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High court nominee praises lawyers for helping the poor
Areas of Focus |
2016/04/20 21:40
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Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.
Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.
Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."
Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.
At those meetings, Garland has typically said nothing for public consumption.
His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.
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Court overturns Virginia school's transgender bathroom rule
Areas of Focus |
2016/04/18 21:40
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A Virginia high school discriminated against a transgender teen by forbidding him from using the boys' restroom, a federal appeals court ruled Tuesday in a case that could have implications for a North Carolina law that critics say discriminates against LGBT people.
The case of Gavin Grimm has been especially closely watched since North Carolina enacted a law last month that bans transgender people from using public restrooms that correspond to their gender identity. That law also bans cities from passing anti-discrimination ordinances, a response to an ordinance recently passed in Charlotte.
In the Virginia case, a three-judge panel of the 4th U.S. Circuit Court of Appeals — which also covers North Carolina — ruled 2-1 to overturn the Gloucester County School Board's policy, saying it violated Title IX, the federal law that prohibits discrimination in schools. A federal judge had previously rejected Grimm's sex discrimination claim, but the court said that judge ignored a U.S. Department of Education regulation that transgender students in public schools must be allowed to use the restroom that corresponds with their gender identity.
"We agree that it has indeed been commonplace and widely accepted to separate public restrooms, locker rooms, and shower facilities on the basis of sex," the court wrote in its opinion. "It is not apparent to us, however, that the truth of these propositions undermines the conclusion we reach regarding the level of deference due to the department's interpretation of its own regulations."
Maxine Eichner, a University of North Carolina law professor who is an expert on sexual orientation and the law, said the ruling — the first of its kind by a federal appeals court — means the provision of North Carolina's law pertaining to restroom use by transgender students in schools that receive federal funds also is invalid.
"The effects of this decision on North Carolina are clear," she said, adding that a judge in that state will have no choice but to apply the appeals court's ruling.
Other states in the 4th Circuit are Maryland, West Virginia and South Carolina. While those states are directly affected by the appeals court's ruling, Eichner said the impact will be broader.
"It is a long and well-considered opinion that sets out the issues," she said. "It will be influential in other circuits."
Appeals court Judge Paul V. Niemeyer, who was appointed to the appeals court by Republican President George H.W. Bush, wrote in a dissenting opinion that the majority's opinion "completely tramples on all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes."
The majority opinion was written by Judge Henry F. Floyd and joined by Judge Andre M. Davis, both appointees of Democratic President Barack Obama. The Richmond-based court was long considered the nation's most conservative federal appeals court, but a series of vacancies in the last few years has allowed Obama to reshape it. Including the two senior judges, the court now has 10 judges appointed by Democrats and seven by Republicans.
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