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Court: MySpace Postings are Free Speech
Court Watch |
2007/04/10 01:49
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A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled. The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records. "While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion. In February 2006, Greencastle Middle School Principal Shawn Gobert discovered a Web page on MySpace purportedly created by him. A.B., who did not create the page, made derogatory postings on it concerning the school's policy on body piercings. The state filed a delinquency petition in March alleging that A.B.'s acts would have been harassment, identity deception and identity theft if committed by an adult. The juvenile court dropped most of the charges but in June found A.B. to be a delinquent child and placed her on nine months of probation. The judge ruled the comments were obscene. A.B. appealed, arguing that her comments were protected political speech under both the state and federal constitutions because they dealt with school policy. The Court of Appeals found that the comments were protected and that the juvenile court had unconstitutionally restricted her right of free expression. There was no number for Shawn Gobert in publishing phone listings. The Associated Press left a message seeking comment Monday at Greencastle Middle School. |
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Man to plead guilty to slaying of 10-year-old girl
Criminal Law |
2007/04/10 00:56
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A man accused of killing his family will plead guilty to the abduction and murder of a ten-year-old girl, his attorney said. Simon Rios, 35, will plead guilty in Delaware County in the death of Alejandra Gutierrez to avoid the death penalty, attorney Michelle Kraus said Monday. Prosecutors will agree to sentence Rios to life in prison, she said. Rios' trial was scheduled to begin April 23. He is charged in the murder and rape of Gutierrez, who lived in Rios' neighborhood and went missing Dec. 8, 2005. Her body was found in a wooded area near Muncie. Rios also is accused of killing his 28-year-old wife, Ana Casas, and the couple's three daughters on Dec. 13, 2005, after he and Casas argued over his household duties. His trial is scheduled for October, and prosecutors in that case are seeking the death penalty. |
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TV host pleads guilty in $20M bogus art scam
Court Watch |
2007/04/10 00:07
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A La Canada Flintridge TV host who used a satellite cable show to sell fake prints supposedly signed by such artists as Picasso and Dali pleaded guilty today to federal charges. Kristine Eubanks, 49, is scheduled to be sentenced Sept. 24, when she faces up to 10 years in prison. She and her husband, Gerald Sullivan, who pleaded guilty last week, admitted in their plea agreements that they conned more than 10,000 buyers through their "Fine Art Treasures Gallery" show, which aired Friday and Saturday nights on DirecTV and The Dish Network.
Despite the claims on the show, the supposed fine art prints were either bought by the couple or forged at a print shop, according to the government. Eubanks and Sullivan, 51, fabricated certificates of authenticity and appraisals, and the works bore fake signatures, according to the government. In pleading guilty, the couple also admitted running up the prices of the fake works by creating fake bids for live auctions. Eubanks entered her guilty plea to tax evasion and one count of conspiracy. Sullivan pleaded guilty to conspiracy and failing to file tax returns, and faces up to six years in prison, according to the U.S. Attorney's Office. Sullivan, whose sentencing is also set for Sept. 24, is free on bond. His wife, who was on probation when arrested in the art case, remains in custody. Eubanks' attorney, Donald Randolph said outside court that his client "acknowledged her guilt in these actions today." Randolph said he will attempt to convince U.S. District Judge Florence- Marie Cooper to "take other factors" from his client's life into consideration at sentencing, but he declined to elaborate. In addition to the possible prison time, the couple has agreed to forfeit nearly $4 million and various pieces of art seized during the investigation. |
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Olympic gold medallist admits bank fraud
Court Watch |
2007/04/10 00:06
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Montgomery, 32, was indicted for conspiracy for depositing or trying to deposit three checks worth $775,000 into an account he controlled. He was one of 11 co-conspirators named in the indictment, including Montgomery's former track coach, 1976 Olympic gold medallist Steven Riddick. Montgomery pleaded guilty to one count of conspiracy and two counts of bank fraud, for which he could face up to 46 months in prison. His lawyers said the guilty plea "reflects his minor role in the charged bank fraud conspiracy." Montgomery's plea agreement does not force him to cooperate with prosecutors, and his lawyers said he has no plans to testify in the trial of the other defendants, scheduled to begin on Tuesday at U.S. District Court in Manhattan. "I sincerely regret the role I played in this unfortunate episode. I have disappointed many people, and for that I am truly sorry," Montgomery said in a statement. The scheme involved a couple, Douglas Shyne and Natasha Singh, who are accused of receiving stolen checks, altering legitimate checks and receiving copies of checks that had been processed by bank employees, which they then counterfeited, prosecutors said. The conspiracy involved approximately 20 checks totaling more than $5 million, prosecutors said. In 2000, Montgomery won a gold medal as a member of the United States 4x100-metre relay team. Two years later, he set a 100m world record of 9.78 seconds, but the time was erased from the record books after the US antidoping agency found him to have received steroids. He retired from the sport immediately afterward.
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Most Canadians support elected judiciary, poll finds
International |
2007/04/10 00:05
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Nearly two-thirds of Canadians support having judges elected to the bench, the Globe and Mail reported Monday. According to a poll conducted by Globe and CTV, 63 percent of the respondents favored electing judges, with 24 percent strongly endorsing the idea. Support for the idea was strongest in the predominantly French-speaking province of Quebec. The poll result comes as a surprise to most Canadian legal scholars, as many view American-style judicial election processes negatively. Ontario Chief Justice Roy McMurty told the Globe that he questions the ability of judges to remain impartial under an elected system, saying judges could be pressured into imposing popular but unjust sentences. The same poll found that a majority of Canadians - some 53 percent - think that the Canadian Charter of Rights and Freedoms with its enumerated and judicially-enforced US-style guarantees of personal freedoms - has had a positive effect on the country since its adoption in 1982. US-style legal structures and procedures have gained increasingly popularity in Canada in the last 50 years, a trend that has arguably accelerated in the late 25, partly under the impetus of the Charter itself. |
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State Sen. Wayne Bryant pleaded not guilty
Law Center |
2007/04/10 00:01
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One of the most powerful politicians in Southern New Jersey pleaded not guilty to federal corruption charges. Senator Wayne Bryant is accused of using his clout as head of the Senate Budget Committee to steer millions in grants to two state schools that gave him no-show jobs. During a court hearing this morning in Trenton, Bryant pleaded not guilty to the fraud, bribery and pension-padding allegations. Also charged in the case is former UMDNJ Dean R. Michael Gallagher of Haddonfield. He also entered a not guilty plea Monday, as expected. U.S. Attorney Christopher Christie alleges Bryant and Gallagher both gained financially from their relationship with the school.
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DOJ and Inova Fairfax Hospital Reach Settlement Agreement
Law Center |
2007/04/09 23:08
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The Department of Justice today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Inova Fairfax Hospital, a hospital serving the Virginia suburbs of Washington, D.C. The settlement agreement, which is designed to ensure effective communication with patients or companions who are deaf or hard of hearing, resolves allegations that the hospital did not appropriately respond to an incident involving a patient who was hearing-impaired. "Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "This agreement should serve as a model for other hospitals to make certain that individuals who are deaf or hard of hearing have equal access to medical care and treatment as required by the ADA." The settlement agreement resolves allegations that the hospital did not appropriately respond to requests to provide a qualified sign language interpreter for the deaf mother of a pregnant patient who had been involved in a car accident. Approximately 30 minutes after arrival, while still in the ER, the patient expressly requested a sign language interpreter for her mother; however, Inova failed to call for an interpreter until 5 ½ hours after the initial request. This forced the patient to act as the interpreter for her mother at the same time that the patient was receiving distressing news about her own condition. Under the agreement, the hospital will provide auxiliary aids, when needed, to family members and companions as well as to patients; assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; and provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis and treatment. The hospital has also agreed to pay the patient and her mother a total of $55,000 in damages. "Effective communication is particularly critical in the health care setting," said Chuck Rosenberg, U.S. Attorney for the Eastern District of Virginia. "We are committed to ensuring that individuals with disabilities and their families are not subjected to unequal treatment because of poor communication with medical personnel about their symptoms, diagnoses and treatment." Title III of the ADA applies to private entities such as hospitals and other medical care facilities and, among other things, requires that private entities such as hospitals ensure effective communication with persons with speech, hearing and vision impairments. People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at http://www.ada.gov. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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