Prop 8 To be Decided on Soon
Legal Topics | 2009/06/17 16:10
Gov. Arnold Schwarzenegger says a federal lawsuit challenging California's gay marriage ban poses a valid legal question that should be decided by the courts.

Schwarzenegger's position came in a court filing Tuesday in response to the lawsuit filed on behalf of two unmarried same-sex couples who want to overturn Proposition 8.

Heading the legal team for the couples are famed attorneys David Boies and Theodore Olson, who opposed each other in the 2000 presidential election challenge.

Last week, California Attorney General Jerry Brown, also named as a defendant, said in a court filing that he agrees Proposition 8 violates the U.S. Constitution's promise of equal protection and due process.

Schwarzenegger didn't elaborate on the merits of the lawsuit, only saying that it "presents important constitutional questions."


Some possible nominees had easy Senate path before
Legal Topics | 2009/05/24 16:09
Some of the people President Barack Obama is considering for the Supreme Court got significant support from Republicans when they were last before the Senate seeking jobs in the judiciary or executive branches of government.


But a yes vote then doesn't necessarily mean a yes vote now.

"I'd say the stakes are higher for the Supreme Court," said Sen. Jeff Sessions of Alabama, senior Republican on the Senate Judiciary Committee.

Obama will soon nominate a successor to Justice David Souter, who has announced he will retire next month. The people Obama is considering include Solicitor General Elena Kagan, Homeland Security Secretary Janet Napolitano, U.S. Appeals Court Judges Diane Wood and Sonia Sotomayor and Michigan Gov. Jennifer Granholm, according to officials familiar with the president's thinking.

Of that list, all but Granholm have been voted on before by the Senate and all have been confirmed with Republican votes. Wood and Napolitano got votes from every Republican in the chamber when they came before the Senate.

Wood sailed through the Senate Judiciary Committee on an unanimous vote, and her nomination for the 7th U.S. Circuit Court of Appeals in Chicago cleared the Senate without an objection as part of a package of nominees the Senate confirmed in 1995 before heading out for the Fourth of July holiday.



Calif. wants US Supreme Court OK of video game ban
Legal Topics | 2009/05/22 16:09
California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown petitioned the U.S. Supreme Court on Wednesday to reinstate a state law banning the sale or rental of violent video games to minors.


In February, the 9th U.S. Court of Appeals struck down the law as a free speech violation that could limit minors' access to other material under the guise of protecting children. The court said there are less restrictive ways, such as parental control, to prevent children from accessing violent video games.

The court also dismissed as unpersuasive the scientific studies linking violent video games to aggressive and anti-social behavior.

The state Legislature passed the law in 2005, but it never took effect because the video game industry sued soon after Schwarzenegger signed the measure that would have barred sales and rentals to anyone under the age of 18.

The governor and attorney general argued Wednesday that the same legal justifications for banning minors from accessing pornography can be applied to violent video games.



Key player in sports-bribery case appears in court
Legal Topics | 2009/05/15 16:28
Two former University of Toledo football players charged in a point-shaving scheme were arraigned in federal court Wednesday, including an ex-running back from Canada who is described as a key contact for Detroit-area gamblers.


Not guilty pleas were entered on behalf of Adam Cuomo of Hagersville, Ontario, and Quinton Broussard of Carrollton, Texas.

The FBI says Cuomo, 31, incriminated himself during an interview in December 2006. Authorities also have recordings of phone calls between him and Ghazi "Gary" Manni of Sterling Heights.

In December 2005, the talk turned to how a reluctant basketball player had agreed to shave points.

"Cuomo responded by saying that money will overcome all," FBI agent Stephen Ferrari said in a court document unsealed last month.

Cuomo is charged with conspiring with Manni, Mitchell "Ed" Karam and others to fix the results of Toledo football and basketball games, from late 2004 through 2006.

He met Manni through the owner of a phone shop in Toledo, Ohio, the FBI says.



Supreme Court Takes on Special Ed Case
Legal Topics | 2009/04/23 18:21
The Supreme Court is again trying to decide when taxpayers must footthe bill for private schooling for special education students.

The court will hear arguments Tuesday in an Oregon case in which alocal school district contends that students should at least givepublic special education programs a try before seeking reimbursementfor private school tuition.

Afederal appeals court sided with a high-school student identified incourt papers only as T.A. The student enrolled in a $5,200-a-monthprivate program and sought reimbursement from the Forest Grove SchoolDistrict.

The Supreme Court heard a similar case from New York in 2007, but split 4-4 on the outcome.

The case is Forest Grove School District v. T.A., 08-305.



Supermarket Mogul Guilty of Charges
Legal Topics | 2009/04/21 18:20
George Torres, a feisty entrepreneur who built a multimillion-dollargrocery store chain by catering to some of Los Angeles' poorestcommunities, was convicted of racketeering, solicitation of murder,bribery and other crimes Monday by a federal court jury.

Torres, who faces potential life imprisonment as a result of theverdict, showed no emotion when it was read. Friends and family,however, burst into tears and embraced one another outside thecourtroom of U.S. District Judge Stephen V. Wilson.

The verdict represents a major victory forfederal authorities who charged Torres last year with running acriminal enterprise, or so-called shadow organization, to ensure thesuccess of his Numero Uno market chain.

Prosecutors' portrayal of Torres differed starkly from the52-year-old's public persona as a successful businessman andinfluential political donor.

According to prosecutors, Torres hired undocumented workers at hisstores, bribed a Los Angeles city planning commissioner and sought tohave people killed.

In one such instance, jurors concludedthat Torres arranged for the murder of a local gang member who tried toshake him down for protection money. Jose "Shorty" Maldonado wasfatally shot and his pregnant girlfriend was wounded as they walkedacross the street from Torres' main market on Jefferson Boulevard in1994.

A former associate of Torres' testified that he was present when Torressolicited the killing, and another witness admitted driving the carfrom which the shots were fired.

The jury acquitted Torres of arranging the killing of his onetimeconfidant Ignacio "Nacho" Meza, who mysteriously disappeared in 1998after supposedly stealing half a million dollars from Torres. Anotherslaying charge Torres faced was dropped by the judge during the trial.


Man Jailed for Dodging Child Support
Legal Topics | 2009/04/13 17:53
Authorities in Michigan say a man fathered 14 children with 13 different women and owes more than $530,000 in unpaid child support.


The Flint Journal reports 42-year-old Thomas Frazier was jailed Thursday. Court records say he hasn't made a support payment in six years.

The newspaper says the unemployed man could be held for 90 days if he doesn't pay $27,900.

Frazier says he thinks he fathered only three of the children and that it's unrealistic for authorities to expect him to pay child support that was $3,000 a month at one point.

Frazier remains held at the Genesee County Jail. It wasn't immediately clear if he had a lawyer who could speak for him.


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