Planned Parenthood Asks Supreme Court's Help In Texas
Legal Topics | 2013/11/04 21:55
Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.

The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.

Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas.


Court-martial date set in Naval Academy case
Legal Topics | 2013/11/04 21:53
A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.

Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.

The court-martial is scheduled to begin Feb. 10. The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.

Another student also faces a separate court-martial in the case. It is scheduled for Jan. 27. Midshipman Eric Graham is charged with abusive sexual contact.

If you are facing trial by court-martial, you also have the right to hire an experienced civilian defense attorney to represent and defend you. It is your career and future that is at stake and it is important that you have an experienced attorney who will advocate aggressively on your behalf. Please contact Las Vegas Military Defense Attorneys.


Ride operator appears in court on NC fair injuries
Legal Topics | 2013/10/29 20:56
A carnival ride operator facing assault charges over injuries from a ride at the North Carolina State Fair made his first appearance in court Monday, with a prosecutor saying there are still unanswered questions about what happened.

Timothy Dwayne Tutterrow, 46, of Quitman, Ga., faces three counts of assault with a deadly weapon, inflicting serious injury. Each count is punishable by up to eight years in prison.

Wake County District Court Judge Keith O. Gregory declined a request during the brief hearing to lower Tutterrow's $225,000 bond. The defendant, dressed in an orange and white striped jumpsuit, was taken back to jail in handcuffs.

Wake Sheriff Donnie Harrison said investigators determined the ride had been intentionally tampered with to bypass critical safety devices, though authorities have provided no details of the evidence against Tutterrow.

The "Vortex" jolted into motion Thursday evening as people were exiting, dropping riders from heights eyewitnesses estimated at up to 30 feet.

Three people remained hospitalized on Monday with serious injuries, including a 14-year-old. Two others were treated and released.


High court weighs Mich. ban on affirmative action
Legal Topics | 2013/10/14 20:46
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.


Spanish court convicts 53 in corruption trial
Legal Topics | 2013/10/04 20:42
A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.

The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.

Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.

Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.

The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).

Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.

The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.


Federal court reverses man's murder conviction
Legal Topics | 2013/09/30 22:20
A federal court has reversed a Southern California man's conviction in the bludgeoning death of his wife.

The Orange County Register reports that a three-judge panel for the 9th U.S. Circuit Court of Appeals ruled this week that 75-year-old Marvin Vernis Smith didn't receive a fair trial.

A jury found Smith guilty of murdering his wife 66-year-old Minnie Smith in 2007. She was found dead in their Cypress home, bludgeoned to death in the head and face with a metal fireplace log roller on Dec. 15, 2005.

The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.

The district attorney's office will request that the state attorney general ask the U.S. Supreme Court to review the decision.


NM court to hear case over educator pension cuts
Legal Topics | 2013/09/09 19:15
New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.

The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.

The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.

The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.

However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.

The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.


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