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South Carolina Supreme Court strikes down state abortion ban
Health Care |
2023/01/05 14:51
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The South Carolina Supreme Court struck down Thursday a ban on abortion after cardiac activity is detected — typically around six weeks — ruling the restriction violates the state constitution’s right to privacy.
The decision comes nearly two years after Republican Gov. Henry McMaster signed the measure into law. The ban, which included exceptions for pregnancies caused by rape or incest or pregnancies that endangered the patient’s life, drew lawsuits almost immediately. Since then, legal challenges have made their way through both state and federal courts.
“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy. Six weeks is, quite simply, not a reasonable period of time for these two things to occur, and therefore the Act violates our state Constitution’s prohibition against unreasonable invasions of privacy,” Justice Kaye Hearn wrote in the majority opinion.
Currently, South Carolina bars most abortions at 20 weeks. Varying orders have given the law’s supporters and opponents both cause for celebration and dismay. Those seeking abortions in the state have seen the legal window expand to the previous limit of 20 weeks before returning to latest restrictions and back again.
Federal courts had previously suspended the law. But the U.S. Supreme Court’s overturning of Roe v. Wade allowed the restrictions to take place — for just a brief period. The state Supreme Court temporarily blocked it this past August as the justices considered a new challenge.
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State seeks long prison term for accused NYC subway gunman
Breaking Legal News |
2023/01/03 11:53
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Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.
Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself.
Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter.
Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday.
James had been scheduled to stand trial in late February.
His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement.
Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees.
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Military police enforce driving ban in snow-stricken Buffalo
Bankruptcy |
2022/12/27 09:48
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State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.
Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.
“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.
The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.
The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.
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North Dakota woman who brought raccoon to bar gets probation
Corporate Governance |
2022/12/24 13:12
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A woman who brought a wild raccoon into a bar earlier this year will spend a year on probation.
On Tuesday, Erin Christensen of Maddock, 38, pleaded guilty to misdemeanor charges of providing false information to law enforcement, tampering with evidence and unlawful possession of a live furbearer, reported the Bismarck Tribune.
Northeast District Judge Donovan Foughty gave her a suspended six-month jail sentence and a year on probation. He also ordered her to pay $1,100 in fines and fees.
She faced a maximum sentence of about two years in jail and $7,500 in fines.
According to court documents, Christensen said her family found the raccoon, nicknamed Rocky, on the side of a road and was nursing it back to health when she brought it into the bar on Sept. 6. A bartender said Rocky didn’t got loose nor did he bite anyone but state health officials still issued a warning about potential rabies exposure.
Authorities arrested Christensen on Sept. 14 after serving several search warrants in and around Maddock to find her and the raccoon. According to court documents, she wouldn’t disclose Rocky’s location.
Keeping a wild raccoon as a pet is illegal under state law — as is keeping a bat or skunk because they are known carriers of rabies, according to North Dakota’s Game and Fish website. Authorities ultimately euthanized the racoon, who tested negative for rabies.
Christensen has said Rocky’s fate has left her family traumatized.
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Canada condo killer faced possible eviction before shooting
Criminal Law |
2022/12/21 11:58
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A suburban Toronto man who was killed by police after authorities say he fatally shot five people in his condominium building, including three members of the condo board, had a court hearing scheduled for the next day to determine if the building’s management could evict him.
Francesco Villi, 73, attacked neighbors on three floors of his building on Sunday night, killing three men and two women and wounding a sixth person, a 66-year-old woman who is expected to survive, according to police. One of the officers who responded to a call about an active shooter inside the building in the suburb of Vaughan shot and killed Villi, authorities said.
The attack happened the day before a scheduled online court hearing in which lawyers for the condominium corporation were set to argue that it should be allowed to evict Villi because he had spent years harassing building employees, board members and other neighbors. In court documents, the building’s lawyers said Villi ignored court orders to end the harassment and stop posting online about a longstanding dispute he had with the condo’s management.
Villi long claimed in videos posted on social media and in court documents that vibrations, noises and emissions from the building’s electrical room under his unit were making him sick, and that board members and the building’s developer were to blame.
According to court documents, at least two condominium managers quit because of him, and security guards quit or changed shifts to avoid him. Residents also said Villi would swear at them and film them.
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US woman who killed UK teen in crash gets suspended sentence
Human Rights |
2022/12/12 12:21
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An American woman who left the U.K. after killing a teenager in a road accident was given an eight-month suspended prison sentence on Thursday, though she declined to come to Britain for the court hearing.
Anne Sacoolas, 45, was sentenced over an August 2019 accident in which 19-year-old Harry Dunn was killed when his motorcycle collided with a car outside RAF Croughton, an air base in eastern England that is used by U.S. forces. Sacoolas was driving on the wrong side of the road at the time.
Sacoolas and her husband, an American intelligence officer, returned to the U.S. days after the accident. The U.S. government invoked diplomatic immunity on her behalf, prompting an outcry in Britain and causing tensions between the governments in London and Washington.
Sacoolas admitted causing death by careless driving, which carries a maximum sentence of five years imprisonment. Justice Bobbie Cheema-Grubb said Sacoolas’ actions were “not far short of deliberately dangerous driving,” but she reduced the penalty because of Sacoolas’ guilty plea and previous good character.
The suspended sentence means that Sacoolas faces jail if she commits another offense within a year — though the judge acknowledged the sentence could not be enforced if she remains in the U.S.
The sentencing follows a three-year campaign by Dunn’s family, who met with politicians on both sides of the Atlantic in a campaign to get Sacoolas to face British justice. American authorities refused to extradite her.
Sacoolas entered a guilty plea in October, but the U.S. administration advised her not to come to Britain for sentencing. She attended the hearing at London’s Central Criminal Court by video link.
Lawyer Ben Cooper said Sacoolas had not asked for the diplomatic immunity asserted on her behalf by the U.S. government. He read a statement from Sacoolas in which she said she was “deeply sorry for the pain I have caused.”
“There isn’t a day that goes by that I don’t think about Harry,” the statement said.
The judge said the “calm and dignified persistence” of Dunn’s parents had led Sacoolas to acknowledge guilt and appear before the court.
Dunn’s mother Charlotte Charles said in a victim impact statement that her son’s death “haunts me every minute of every day and I’m not sure how I’m ever going to get over it.”
“As a family we are determined that his death will not have been in vain and we are involved in a number of projects to try to find some silver lining in this tragedy and to help others,” she said. “That will be Harry’s legacy.”
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Former Nazi camp secretary voices regret, seeks acquittal
Business |
2022/12/06 14:26
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Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.
Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.
Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.
Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.
Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.
Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.
The court said a verdict is expected on Dec. 20.
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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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