ID court rules man can face felony stalking charge
Areas of Focus | 2013/06/10 15:22
The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking.

The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor.

According to court documents, a counselor who lived in Washington but worked in Idaho sought a no-contact order preventing Hartzell from contacting her for a year.

That's after he allegedly made unwanted advances, including at her home.

Initially charged with first-degree stalking, a judge reduced the charges against Hartzell.

That didn't sit well with prosecutors.

The Appeals Court agreed, ruling unanimously the district court judge erred by concluding the Washington state order couldn't elevate the Idaho charge to first-degree stalking.


Conn. court declines to address email warrants
Areas of Focus | 2013/06/07 17:08
The Connecticut Supreme Court has declined to address whether state judges can issue search warrants for email accounts maintained by out-of-state companies like Google.

The court took up the issue in the case of former Monroe youth minister David Esarey, who was sentenced in May 2010 to six years in prison for sexually assaulting a 15-year-old girl and trading nude photos with her.

Justices upheld Esarey's convictions Friday. But they decided not to address his appeal argument that a state judge had no authority to issue a search warrant for his Google Gmail account because Google is based in California.

The court ruled instead that the issuing of the search warrant didn't affect the jury's verdict.


Intel chair says NSA court order is renewal
Headline Legal News | 2013/06/07 04:37
The chairwoman of the Senate Intelligence committee says the top secret court order for telephone records of millions of U.S. customers of Verizon is a three-month renewal of an ongoing practice.

Democratic Sen. Dianne Feinstein of California spoke to reporters at a Capitol Hill news conference on Thursday after the Obama administration defended the National Security Agency's need to collect the records.

Other lawmakers have said previously that the practice is legal under the Patriot Act although civil libertarians have complained about U.S. snooping on American citizens.


Court OKs Class-action Suit Over Apartment Leases
Legal Topics | 2013/06/05 15:50
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.

The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.

The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.

The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''


US Supreme Court orders 6 death row cases reviewed
Legal Business | 2013/06/04 15:57
The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.

The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.

The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.

Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed.


San Diego Personal Injury Attorney - McDonnell Law
Court Watch | 2013/06/03 15:58
When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit.

Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K.

Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome.

We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.

San Diego Personal Injury Attorney


Court Upholds Rifle Sales Reporting Requirement
Legal Topics | 2013/06/01 17:46
A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.

The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.

But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.

The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.


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