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State court again strikes down Philly gun laws
Law Center |
2009/06/19 03:15
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A state appeals court ruled Wednesday that the city cannot enforce an assault weapons ban and a law prohibiting guns bought by one person and given to another, measures passed by City Council in an effort to combat persistent gun violence.
The 6-1 ruling marked the latest setback for Philadelphia officials, who have fought for years for the right to pass their own gun legislation. The Pennsylvania Supreme Court has previously upheld the state's exclusive right to enact gun laws.
The National Rifle Association challenged a series of measures that were passed by City Council in April 2008 and signed by Mayor Michael Nutter. Both sides expect the case to end up before the state's highest court again. "The bottom line is, we won," NRA attorney C. Scott Shields said of the ruling. In Thursday's ruling, the court said the city could not ban assault weapons or pass the law prohibiting straw purchases, in which one person fills out forms and buys a gun for someone else — often convicted felons who can't legally own guns. In a dissenting opinion, Commonwealth Judge Doris A. Smith-Ribner asserted the city does have the right to pass its own gun laws, citing the hundreds of residents killed by gun violence every year. The NRA has also asked the U.S. Supreme Court to strike down strict gun control laws in the Chicago area. The NRA wants the court to rule that last year's decision invalidating a handgun ban in the District of Columbia also applies to local and state laws. The justices likely won't decide before late September whether to hear the NRA's case. |
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High court rules in favor of ex-Enron executive
Securities |
2009/06/18 09:03
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The Supreme Court on Thursday sided with a former Enron Corp. executive in a ruling that makes it unlikely he can be tried a second time on charges related to financial fraud at the one-time energy giant.
The court, in a 6-3 vote, threw out an appeals court ruling that would have allowed a retrial of F. Scott Yeager, a former executive at Enron's failed broadband venture, on charges for which a jury could not reach a verdict at his first trial.
But Justice John Paul Stevens, writing for the majority, did not completely shut the door to another trial. Yeager sold Enron stock for more than $54 million before the company began a downward spiral that ended in bankruptcy in 2001. In his first trial in 2005, Yeager faced 125 counts and was acquitted of five, including four counts of wire fraud and one of conspiracy to commit wire and securities fraud. The jury couldn't reach a verdict on the remaining counts, which alleged insider trading and money laundering. Yeager was later reindicted on 13 counts of insider trading and money laundering. The issue for the court is whether a variation on the Constitution's guarantee against double jeopardy applies in this situation: The jury votes not guilty on some charges, but fails to reach a verdict on others that are based upon the same essential facts as the charges that resulted in acquittal. Prosecutors frequently retry defendants when juries can't reach a verdict. They cannot pursue a defendant when juries return not guilty verdicts. This case was about what happens when there is a combination of those elements. |
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Court upholds settlement in asbestos law
Court Watch |
2009/06/18 09:02
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The Supreme Court has agreed to reinstate a roughly $500 million settlement of asbestos lawsuits against the Travelers Companies Inc.
Travelers had been named in lawsuits alleging that it tried to hide dangerous health effects of asbestos. The company argued that asbestos claims be paid out of a trust created by Johns Manville in the 1980s and approved by a federal bankruptcy judge.
Travelers settled with several groups of plaintiffs with the caveat that federal courts make clear the company would not have to face any new similar lawsuits. The 2nd U.S Circuit Court of Appeals in New York overturned lower-court approval of the settlement, saying a bankruptcy judge lacks the authority to act so broadly. The high court overturned that decision. |
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Court finds convicts have no right to test DNA
Court Watch |
2009/06/18 06:05
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The Supreme Court said Thursday that convicts have no constitutional right to test DNA evidence in hopes of proving their innocence long after they were found guilty of a crime.
The decision may have limited impact because the federal government and 47 states already have laws that allow convicts some access to genetic evidence. Testing has led to the exoneration of at least 232 people who had been found guilty of murder, rape and other violent crimes.
The court ruled 5-4, with its conservative justices in the majority, against an Alaska man who was convicted in a brutal attack on a prostitute 16 years ago. William Osborne won a federal appeals court ruling granting him access to a blue condom that was used during the attack. Osborne argued that testing its contents would firmly establish his innocence or guilt. In parole proceedings, however, Osborne has admitted his guilt in a separate bid for release from prison. The high court reversed the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco. States already are dealing with the challenges and opportunities presented by advances in genetic testing, Chief Justice John Roberts said in his majority opinion. |
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NJ man freed after murder convictions overturned
Court Watch |
2009/06/17 09:13
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After spending more than 20 years in prison for two murders he repeatedly denied committing, Paul Kamienski spoke Tuesday as a man freed under unusual circumstances.
Last month, the 3rd U.S. Circuit Court of Appeals in Philadelphia overturned his 1988 convictions and double life sentence in the murders of a Florida couple in 1983 in what prosecutors described as a drug deal gone bad. The court wrote that the evidence presented at trial was not sufficient to warrant a verdict of guilty beyond a reasonable doubt.
Such reversals, in which no new evidence is presented, are considered extremely rare. Kamienski, 61, was released from South Woods State Prison on Tuesday afternoon. Standing across the street from the prison, he spoke softly and fought to hold back his emotions. He expressed thanks for the friends who stood by him during the lengthy appeal process and said he would take time to let it all sink in. "It's hard to put into words how I feel," the lanky Kamienski said. "I'm just going to try and get my life back together, do some thinking, do some unwinding." Prosecutors contended Kamienski helped two friends dispose of the bodies of Barbara and Henry DeTournay after one of the friends, Joseph Marzeno, shot the couple during a 1983 robbery involving $150,000 worth of cocaine. Their bodies were dumped in New Jersey's Barnegat Bay and discovered several days later. Marzeno, Kamienski and a third man were convicted of the murders, but the trial judge later threw out Kamienski's conviction for a lack of evidence. A state appeals court reinstated the conviction, however, and New Jersey's Supreme Court declined to hear the case. Enter Timothy McInnis, a lawyer who heard about Kamienski's case at a holiday party in New York in the late 1990s and decided to take it on. |
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Mich. court gives judges say in witnesses' dress
Breaking Legal News |
2009/06/17 09:12
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The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.
A statewide court rule letting judges regulate the appearance of witnesses — such as asking them to remove face coverings — was approved by a 5-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.
Justices heard last month from a Muslim woman who sued because her small claims case was dismissed when she refused to remove her veil. Hamtramck District Judge Paul Paruk told Ginnnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the 2006 hearing. Some Muslim leaders interpret the Quran to require that women wear a headscarf, veil or burqa in the presence of a man who is not their husband or close relative. After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association got behind a court rule giving judges "reasonable" control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified. The two justices who voted against the rule Wednesday said they favored a religious exception endorsed by the American Civil Liberties Union of Michigan and religious groups. Muhammad originally went to court to contest a $3,000 charge from a rental-car company to repair a vehicle that she said thieves had broken into. The Detroit area is home to one of the country's largest Muslim populations. Legal observers have said the veil flap is a cutting-edge issue that will arise elsewhere in the United States. |
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Ga. court: Travel Web site shorting city on tax
Tax |
2009/06/16 07:35
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The Georgia Supreme Court concluded Monday that the online travel company Expedia Inc. has shortchanged a west Georgia city on hotel and occupancy taxes.
The court's 4-3 ruling — the first such decision by Georgia's top appellate court — found that Expedia must collect hotel occupancy taxes from its customers and pay them to the city of Columbus.
An attorney representing Columbus said the ruling doesn't say whether Expedia owes back taxes, and said that issue may be decided by a lower court. While the Georgia court's ruling doesn't apply to cases in other states, city attorneys say it could bring fresh momentum to dozens of other lawsuits around the country brought by frustrated officials who say the online travel scheme is depriving them of tax dollars. "Decisions like this are persuasive if nothing else," said Wade Tomlinson, who represented the city of Columbus in the lawsuit. "Other courts will look at it, consider it and apply it." Many similar complaints have been dismissed by federal or state judges, but attorneys say several are still pending, including lawsuits filed by officials or customers in Atlanta, Baltimore, San Antonio and a federal class action lawsuit filed on behalf of Georgia cities. Similar complaints have also been filed in New York, Chicago, Philadelphia, San Francisco and Anaheim, Calif. The lawsuits hinge on the complicated pricing schemes used by Expedia, Orbitz, Travelocity and other online travel sites. When consumers make reservations at the sites, they pay more for a room than the online outfits pay the hotels for the room, allowing the online companies to pocket the difference. |
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