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Gambling officer says south Ala. machines illegal
Court Watch |
2010/02/02 05:58
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The undercover officer who obtained a search warrant for a planned raid at the Country Crossing gambling hall in Dothan, Ala., said its electronic machines aren't bingo because they can be played blindfolded. In papers filed in federal court Monday, Lt. Mike Reese of the Alabama Alcoholic Beverage Control Board said he is the officer who obtained search warrants for a successful raid of a gambling hall in White Hall on March 19 and for a raid at Country Crossing on Jan. 6 that was blocked by a judge. Reese, a member of Gov. Bob Riley's Task Force on Illegal Gambling, told the court the Country Crossing games don't meet any of the standards for player interaction that the Alabama Supreme Court laid out in the White Hall case, including marking numbers and recognizing a winning card. "In fact, once money is inserted, the game can be played blindfolded or with the eyes closed by simply pressing the button three times, and can be played without ever looking at the bingo card," Reese said in an affidavit presented to U.S. District Judge Myron Thompson. Reese's search warrant for the Jan. 6 raid expired without ever being used. The task force is now fighting in court with Country Crossing's attorneys over whether the task force can stage a new raid on the gambling hall's 1,700 machines. A planned raid last Friday was called off when a judge sought more information before issuing a new search warrant. |
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Justice Alito's candid response to Obama's rebuke
Legal Spotlight |
2010/02/02 02:59
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Many Americans were glued to their television as President Obama delivered his first State of the Union address last Thursday. Near the conclusion of his speech, I sat and watched as the President publicly criticized the highest judicial authority, the Supreme Court, for ruling in favor of “allowing corporations to spend without limit in our elections.” While this statement alone was enough to rile support from some seated in the House chamber, six of nine justices in attendance remained seated; their unmoved faces reflecting their point of view. Except for Samuel Alito. “Not true, not true,” the Associate Justice appeared to say as he visibly shook his head in opposition to Obama’s scolding. The question I pose is, where does the disrespect come to an end across the board? While media networks criticized Alito for his blatant acts of disagreement, no one has questioned the extent to which President Obama took to openly disagree with the Supreme Court. In the years of the State of the Union address, legal experts do not recall encountering a president openly scolding the court since Roosevelt’s address to Congress in 1937. Rather than sharing how he felt about their decision, President Obama should have exercised restraint for this particular occasion. The State of the Union address should be a time designated for the president to “report to Congress the current state of the Union” and to implement his own legislative ideas. At the same time, Associate Justice Alito should refrain from making his gestures of disagreement so blatant. I am sure that Obama is grateful that he did not have another “you lie” incident, however if the President wants respect from other high ranking politicians, he too should give respect where it is due.
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Court records in teacher killing show a couple at war
Law Center |
2010/02/01 09:02
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Long before teacher Tetyana Nikitina was shot to death Friday, she said she feared for her life. In fact, according to divorce records filed in 2005, the 34-year-old Ukranian immigrant also said she was terrified her then-husband would kill their two children. Nikitina was gunned down Friday afternoon as she left the Salt Lake Head Start school where she worked. Police say she was fatally shot by her former mother-in-law, 70-year-old Mary Nance Hanson. Unified Police executed a search warrant Monday on the Taylorsville home of Nikitina's ex-husband and Hanson's son, Dale Jankowski. Police said they hoped they could piece together the circumstances that led to Nikitina's death. For his part, Jankowski said in voluminous divorce records filed in 3rd District Court that Nikitina was trying to set him up with false accusations of domestic abuse, and he was deeply afraid that she would flee the United States with their children — which resulted in a battle over the children's passports. "There is no label for him (such as person of interest)," Unified Police Lt. Don Hutson said. "He is just a relative of the suspect." Hutson said investigators are interested in the relationship Nikitina had with Hanson, who called 911 after the shooting.
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Court upholds state's death penalty
Court Watch |
2010/02/01 09:02
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Delaware's death penalty was upheld as constitutional on Monday, paving the way for executions -- on hold since May 2006 -- to resume. Delaware Attorney General Beau Biden said Monday he was pleased the court ruled that Delaware is meeting its constitutional obligations and that his office will be working with Superior Court to begin "scheduling executions as appropriate." Biden said the three-year delay "caused uncertainty, and I'm glad this has resolved that uncertainty
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In its 47-page opinion, the 3rd U.S. Circuit Court of Appeals warned Delaware about "the worrisome course it appears to have taken at times" in executions.
"The record before us reflects an occasional blitheness on Delaware's part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation ... but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands," Circuit Judge D. Michael Fisher wrote on behalf of the panel. Attorney Michael Wiseman of the Federal Community Defender's office in Philadelphia -- which represents Delaware's 18 death-row inmates in the class-action lawsuit -- declined to comment Monday, saying he was still reviewing the opinion. In court papers, attorneys for Delaware's condemned inmates detailed problems during executions, including inadequate qualifications and training of execution team members, improper dosages of the lethal injection drugs and odd procedures such as the execution team mixing drugs in the dark. Attorneys for Delaware inmates essentially charged that because of the state's history of mistakes and because it didn't follow its own rules in past executions, there was significant doubt that the state could properly follow new court-approved rules to execute inmates without unnecessary suffering.
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Extended Stay court examiner seeks more time
Bankruptcy |
2010/02/01 09:01
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Ralph Mabey, a former bankruptcy judge who was appointed as the examiner, said he was seeking an additional 21 days to conduct the investigation, as he has had some difficulty in obtaining necessary witnesses, documents and other information that he had hoped to obtain consensually. The examiner, who was originally expected to file his report on February 19, asked for a delay until March 12. Extended Stay filed for bankruptcy protection in June saying it was "significantly over-leveraged" and that projected cash flows could not continue to service its more than $7 billion in debt. In September, a U.S. bankruptcy judge approved a request by the U.S. Trustee for an examiner to be hired to probe questions surrounding the purchase and financing of the lodging chain. The examiner is tasked with looking into the acquisition of Extended Stay by David Lichtenstein's Lightstone Group, which had purchased the chain of 680 hotels from a Blackstone Group LP (BX.N) affiliate, prior to its bankruptcy.
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WaMu shareholders get their voice in bankruptcy
Bankruptcy |
2010/01/29 08:09
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Shareholders of Washington Mutual Inc will have a voice in the company's bankruptcy after a judge refused on Thursday to disband their committee, which Washington Mutual said would complicate the case. The U.S. Trustee, who plays an oversight role in bankruptcy, appointed the committee earlier this month after being petitioned by 3,500 shareholders. The company immediately asked the court to disband it. The committee will be able to speak with a unified voice and hire professionals, who would be paid by the company. Washington Mutual has said since it filed for bankruptcy in 2008 that it is hopelessly insolvent, and therefore there is no need for an official committees of shareholders.
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Man accused of keeping arsenal due in NJ court
Court Watch |
2010/01/29 08:09
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A man who authorities say had a cache of weapons and a map of an Army base in a New Jersey motel room is due in court on Friday. Lloyd Woodson was arrested Monday after a convenience store clerk in Branchburg called police to report he was acting strangely. Police say Woodson was wearing a bulletproof vest and carrying an assault rifle. Officers found weapons including a grenade launcher and a map of New York's Fort Drum in his motel room. Woodson is charged with state and federal weapons violations. Authorities have not said whether they think he was planning an attack. The FBI said Woodson has no known terrorist connections. |
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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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