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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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The Law Office of Erica S. Janton - East Greenwich, RI Divorce Lawyer
Legal Interview |
2024/07/21 19:32
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and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.
The Law Office of Erica S. Janton, P.C. offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child and/or spousal support, child custody and placement, post judgment modifications, mediation and other related issues.
There is only one certainty in a divorce, that no two divorces are exactly alike. The Law Office of Erica S. Janton P.C. handles contested and uncontested divorces in the State of Rhode Island.
Whether the divorce is contested or uncontested, contains many or little assets, it is still one of the most stressful times in the lives of those going through the process.
The Law Office of Erica S. Janton P.C. offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child and/or spousal support, child custody and placement, post judgment modifications, mediation and other related issues. Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.
At the Law Office of Erica S. Janton P.C., Attorney Janton is committed to providing thorough, responsive an effective advocacy for her clients, while being compassionate of the emotional toll a family court dispute can have. Attorney Janton recognizes that oftentimes there are highly emotionally charged aspects of family law disputes, even in amicable separations and she works zealously to support her clients through the entire process. Contact us to discuss your questions with a highly-qualified divorce attorney.
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NYC Sperm Donor Parental Rights - Over 35 Years Experience
Legal Interview |
2024/07/10 01:47
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We provide legal services in the area of Assisted Reproduction Law, also known as Third Party Reproduction, or Assisted Reproductive Technology (ART) law. These matters involve matters such as Surrogacy (Compensated or Compassionate), gamete (sperm/egg) donation, embryo donation and embryo disposition. We also file for Judgments of Parentage for ART and Surrogacy matters. We pride ourselves in being collaborative, while at the same time advocating strongly for our clients, and being thorough, detail oriented and efficient. We work throughout the states of New York and New Jersey.
Compassionate Surrogacy Agreements
These are agreements where there is no compensation provided to the Surrogate. These are sometimes referred to as altruistic surrogacy arrangements. It is often a family member or friend being a surrogate for the Intended Parents. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.
Sperm Donation Agreements
The majority of these agreements are known sperm donation agreements, where the Donor and the Intended Parents have chosen to work with one another. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Ovum/Egg Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Embryo Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in secure a pre and/or post-birth Judgment of Parentage.
Embryo Disposition Agreements
New York permits parties to enter into a binding agreement deciding what to do with embryos upon the separation or divorce of Intended Parents. For example, will the embryos be destroyed, donated to research, or will one Intended Parent be allowed to use them while the other Intended Parent has no parental rights or responsibilities to any child born from the embryos. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.
http://www.lawrsm.com/practice-areas/reproductive-law
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Spanish court grants bail to Dani Alves while appealing rape conviction
Legal Interview |
2024/03/22 16:49
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A Spanish court decided Wednesday that Brazilian soccer star Dani Alves could leave prison if he pays a bail of one million euros ($1.1 million) and hands over his passports while awaiting the appeal of his conviction for raping a woman in Barcelona.
Alves was found guilty of having raped the woman in a nightclub in 2022 and sentenced to four years and six months in prison. He denied wrongdoing during the three-day trial.
He has been behind bars since being arrested in January 2023. His prior requests to be released on bail were denied because the court deemed him a flight risk. Brazil does not extradite its own citizens when they are sentenced in other countries.
To now go free, in addition to the bail money, the 40-year-old Alves is also required to hand over his Brazilian and Spanish passports and is prohibited from leaving the country. He also cannot come within 1,000 meters (3,280 feet) of the victim or try to communicate with her and must make weekly check-ins at the courthouse. He still has a residence near the city.
The decision came a day after a hearing where Alves told the court via video conference from prison that he had no intention of fleeing the country, according to his lawyer, Inés Guardiola.
Guardiola and the state prosecutor have appealed the conviction. His defense is seeking his acquittal while the prosecutor wants his prison sentence increased to nine years. The victim’s lawyer wants him put away for 12 years. There is no date yet for the new trial at a higher court in Barcelona. After that, it can then go to the Supreme Court in Madrid.
The panel of judges at the Provincial Court in Barcelona was split on the decision, two to one. The judges in favor of granting Alves bail said that they believed the flight risk had lowered, adding that they considered the fact that Alves responded to police summons when he was arrested while visiting Spain. The other judge disagreed, saying he was still able to flee despite the restrictions placed on him.
Another factor cited by the two judges was that according to Spanish law a person cannot be kept in preventative detention for more than half the period of his or her prison sentence while awaiting an appeal. In Alves’ case that leaves him just over a year before he would reach the mid-way mark of two years, three months, while the appeals could easily take longer. Once his appeals are exhausted, and if his conviction is maintained, then depending on the final sentence he could go back to prison.
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Justices asked to hear dog toy dispute. Will they bite?
Legal Interview |
2022/11/16 02:50
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The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.
Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.
The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”
The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”
The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle.
But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.
“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company.
Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement. And she said it has “broad and dangerous consequences,” pointing to children who were hospitalized after eating marijuana-infused products that mimicked candy packaging.
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Israel high court suspends Palestinians’ evictions for now
Legal Interview |
2022/03/02 20:58
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Israel’s Supreme Court on Tuesday ruled that a group of families slated for eviction from a flashpoint east Jerusalem neighborhood can remain in their homes for the time being.
The ruling could work to ease tensions in Jerusalem’s Sheikh Jarrah neighborhood, which helped ignite the 11-day war between Israel and Hamas in Gaza last year.
The court ruled that the families can stay in their homes for now until Israel carries out a land arrangement, a process that could take years or may not be carried out at all, according to Ir Amim, an advocacy group that was not involved in the court case.
For the time being, the four families residing in the homes will be recognized as protected tenants. Each will deposit a largely symbolic rent amounting to $62 a month to a trust, until the property’s ownership is settled.
Sami Arsheid, a lawyer representing the families’ case before the court, said the decision was “something huge” that ran counter to the previous 63 rulings by Israeli courts on the issue of Palestinian properties in Sheikh Jarrah.
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