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Pa. high court fast tracks juvenile lifer appeals
Criminal Law |
2012/08/10 11:27
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Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.
The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.
The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.
The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.
The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced. |
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Appeals court affirms that cheering is not a sport
Law Center |
2012/08/08 11:27
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A federal appeals court has ruled that colleges cannot count competitive cheerleading as a sport when trying to comply with gender-equity requirements, upholding a U.S. District Court decision against Quinnipiac University.
In a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athletics.
The ruling comes on an appeal filed by Quinnipiac, a school with about 8,000 students in Hamden, which had been successfully sued by its volleyball coach after it tried to eliminate the women's volleyball program in favor of competitive cheering.
"Like the district court, we acknowledge record evidence showing that competitive cheerleading can be physically challenging, requiring competitors to possess 'strength, agility, and grace,' the court wrote. "Similarly, we do not foreclose the possibility that the activity, with better organization and defined rules, might someday warrant recognition as a varsity sport. But, like the district court, we conclude that the record evidence shows that 'that time has not yet arrived.'"
The appeals court agreed with U.S. District Judge Stefan Underhill, who found in 2010 that competitive cheerleading did not have the organization, post-season structure or standardized rules required to be considered a varsity sport.
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Jackson Trial Lawyers - Fallbrook Personal Injury Attorney
Law Firm News |
2012/08/07 10:08
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The Law Offices of Robert W. Jackson is a Fallbrook personal injury attorney who has what it takes to represent your unique case. Insurance companies think it is acceptable to bully people with lesser knowledge of the legal system, but we are here to help.
Everyone deserves a fair chance in getting the maximum amount of compensation for their personal injuries. Because the insurance companies are out for business, and not looking for your best interests, it is easy for them to offer less compensation. As trial lawyers, we are not afraid to speak our minds and take action on what we believe is right. Therefore, we never give up on a settlement or trial.
Our Jackson trial attorneys are conveniently located in the San Diego county. Our clients are important to us, and by managing the complex and tedious relationships with insurance companies, medical facilities, and government agencies, it is our top priority to keep our clients at the top.
No one should ever have to settle for less than they deserve. If you have been injured in any type of accident, take the right steps immediately and contact one of our highly skilled Fallbrook personal injury attorneys to discuss your case today at 760-723-1295. |
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Ind. court upholds life sentence for teen killer
Law Center |
2012/08/03 11:55
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The Indiana Supreme Court on Tuesday upheld a sentence of life without parole for a teenager who said he wanted to be like the fictional television serial killer Dexter a few weeks before strangling his 10-year-old brother.
Andrew Conley was 17 in November 2009 when he killed his brother, Conner, while wrestling in their home near Rising Sun and dumped the boy's body in a park. He unexpectedly pleaded guilty in September 2010, averting a murder trial.
In the 3-2 ruling, the justices said Conley acted "as if nothing was out of the ordinary" after the killing. According to testimony during the five-day sentencing hearing, Conley joked with his mother and watched football the day after he killed Conner.
Conley told police he fantasized about killing people since he was in eighth grade. A few weeks before the killing, Conley told his girlfriend that he wanted to be just like the TV serial killer as they walked on the trail where he later disposed of his brother's body.
Three different psychological experts who interviewed Conley all said he was seriously mentally ill, but his appellate lawyer, Leanna Weissmann, said the judge gave too much credence to a psychologist's testimony that the teen could be a psychopath.
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New DC drunken driving law to take effect
Legal Careers News |
2012/08/01 15:53
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A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.
The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.
The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.
A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.
More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.
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Pa.'s tough, new voter ID law heads to court
Breaking Legal News |
2012/07/27 11:44
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The first legal test for Pennsylvania's tough new voter identification law is arriving.
A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.
The hearing could last a week.
The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.
Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.
Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.
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Court rejects Florida prison privatization appeal
Law Center |
2012/07/25 13:43
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An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets. |
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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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