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High Court rules against Northern Ireland's abortion law
Criminal Law |
2015/12/02 22:19
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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Court papers: Witness ID'd man in playground shooting
Law Center |
2015/12/01 22:19
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A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.
Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.
Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.
Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.
Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.
Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."
"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."
For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice.
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South African appeals court nears Pistorius ruling
Human Rights |
2015/12/01 22:19
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An official says a top South African appeals court is finalizing a decision on whether to send Oscar Pistorius back to prison by overturning a lower court's manslaughter conviction and finding the double-amputee Olympian guilty of murdering girlfriend Reeva Steenkamp.
Paul Myburgh, registrar of the Supreme Court of Appeal, told The Associated Press on Monday that no date for the ruling has been announced.
Eyewitness News, a South African media outlet, says a ruling is expected this week. It cites unnamed court officials.
Pistorius, 29, was released from jail on Oct. 19 after serving a year in prison and is under house arrest.
Prosecutors say Pistorius shot Steenkamp during an argument on Valentine's Day 2013. The defense says Pistorius killed Steenkamp by mistake, thinking an intruder was in his house. |
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US court rejects Virginia death row inmate's appeal
Legal Business |
2015/11/28 22:19
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A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.
Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.
After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.
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2 charged in pastor's wife killing say little in court
Court Watch |
2015/11/28 22:18
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.
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Lawyer: Don't judge Chicago officer based on shooting video
Breaking Legal News |
2015/11/22 20:46
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An attorney for a white Chicago police officer who shot a black teenager 16 times says his client acted lawfully and urges the public not to rush to judgment based solely on a video of the shooting that's to be released within days.
Attorney Dan Herbert told reporters Friday that Officer Jason Van Dyke is — in his words — "scared to death." Herbert says the officer is concerned about the safety of his wife and two school-age children in the event the video prompts violence.
A judge on Thursday ordered the city to release squad car dashcam video of 17-year-old Laquan McDonald's 2014 shooting.
Herbert says the video doesn't capture the whole confrontation.
Van Dyke has been stripped of his police powers, but remains at work on desk duty. |
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Rancher pleads guilty to falsely claiming cattle losses
Business |
2015/11/21 20:47
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A South Dakota rancher has pleaded guilty in federal court to falsely claiming he lost more than a hundred cattle during the autumn blizzard of 2013 that left ranchers in the state reeling with financial losses.
Karl Knutson pleaded guilty Friday as part of a deal with prosecutors, the Rapid City Journal reported. The agreement dismisses a felony count of making a false statement, and prosecutors are recommending Knutson be sentenced to probation and fines.
Knutson's indictment said he submitted a claim in May 2014 to the U.S. Department of Agriculture's Farm Service Agency for the loss of 129 head of cattle in the October blizzard, even though the Vale rancher actually lost at most 13.
Court documents say the disaster payment for that claim would have paid out nearly $117,000.
The indictment also says Knutson told the agency in "a handwritten invoice" in August 2014 that he paid $135,350 for 103 head of cattle that he didn't actually buy.
Knutson didn't immediately return a telephone message from The Associated Press requesting comment regarding the plea. The maximum sentence the 27-year-old could face would be five years in prison and a $250,000 fine, followed by three years of supervised release.
The 2013 storm is estimated to have killed more than 50,000 livestock, causing financial problems for ranchers in the western part of the state.
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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