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Appeals court OKs Schwarzenegger contempt hearing
Breaking Legal News |
2009/03/25 12:37
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A federal appeals court is refusing to block hearings to decide whether California Gov. Arnold Schwarzenegger should be held in contempt for refusing to provide funds for health care at state prisons.
The 9th U.S. Circuit Court of Appeals on Wednesday rejected an appeal from the administration, saying U.S. District Judge Thelton Henderson can proceed with the hearings.
The Schwarzenegger administration is refusing to turn over $250 million as a down payment sought by a court-appointed receiver. The receiver, J. Clark Kelso, wants up to $8 billion spent on new medical centers for prison inmates. The appeals court decided the case on procedural grounds. It did not weigh in on the larger question of how far the federal government can intrude on states' control of their prisons. |
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Alleged 'enemy combatant' faces trial in Illinois
Breaking Legal News |
2009/03/23 08:50
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Ali al-Marri followed his older brother to central Illinois in the mid-1980s to pursue a business education unavailable in his native Qatar, becoming a Bulls fan and honing his pool-playing skills. He returned for further study more than 10 years later, bringing along his wife and five children.
But Al-Marri's third trip to the area comes under far different circumstances — facing trial on federal charges alleging he supported al-Qaida terrorists. His first court appearance is Monday.
Al-Marri, 43, was arrested in late 2001 while studying at Bradley University in Peoria after federal authorities alleged he was an al-Qaida sleeper agent tied to organizers of the Sept. 11, 2001, attacks. He was a legal U.S. resident but became the only "enemy combatant" in custody on American soil. He was held without charges for more than five years at a Navy brig in South Carolina. Then, last month, a federal grand jury in Illinois indicted al-Marri on charges of conspiracy and providing material support to terror. The scant Feb. 26 indictment offers no details on the long-awaited charges and federal officials are not discussing al-Marri's case. |
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WA bill would smooth voting restoration for felons
Breaking Legal News |
2009/03/23 08:48
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For tens of thousands of convicted felons in Washington state, only one thing stands between them and the ballot box: debt.
Under current law, felons can't vote until they have served their sentences, including the completion of any parole or probation, and paid all restitution and other court fees.
A measure to remove that payment requirement — opponents say it's akin to a modern-day "poll tax" — has passed the House and awaits action in the Senate. If it becomes law, felons could simply re-register to vote once they're no longer in state custody, including any parole or probation. "The basic unfairness is that our system is currently based on someone paying off their legal obligations," said Rep. Jeannie Darneille, a Tacoma Democrat who sponsored the measure. "If you have money, you can get your rights restored, and if you don't have money, you won't." Washington's neighbor, Oregon, automatically restores voting rights to felons once they're released from prison. Nearly 40 other states and the District of Columbia also have less onerous restrictions on restoring voting rights to felons. But others argue Washington state is obligated to make sure felons complete all of their sentence, including all monetary obligations. "Until they pay their fines and restitution, to me, they haven't carried out their entire sentence," said Rep. Ed Orcutt, a Kalama Republican who opposes the bill. "So their voting rights shouldn't be restored." Sen. Jeanne Kohl-Welles, a Seattle Democrat who sponsored a similar measure in the Senate, said felons will still need to pay off their debts, but won't have to wait to vote while they're doing so. "It's more an issue of fairness," she said. "I don't think the right to vote should be based on one's income." |
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Ga. court revives Web hotel price scheme challenge
Breaking Legal News |
2009/03/23 08:43
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A ruling by Georgia's top court has revived a lawsuit by the city of Atlanta claiming it's been shortchanged out of "untold" millions in taxes by online travel companies.
The Georgia Supreme Court ruling Monday throws out an appeals court's dismissal of the lawsuit and sends it back to a lower court.
Atlanta claims Travelocity, Orbitz, Expedia and 14 other online travel companies owe millions in unpaid taxes. Similar challenges have been filed by Los Angeles, Philadelphia, Miami, Chicago and Branson, Mo. The lawsuits challenge pricing schemes in which consumers are charged a higher price than what the sites pay hotels for the rooms, allowing the sites to pocket service fees. The taxes are paid on that cheaper rate — and cities say they're deprived of millions in revenues. |
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Court blocks rule allowing guns in national parks
Breaking Legal News |
2009/03/20 09:42
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A federal judge on Thursday blocked a federal rule allowing people to carry concealed, loaded guns in national parks and wildlife refuges.
The decision by U.S. District Judge Colleen Kollar-Kotelly halts a change in regulations issued in the waning days of the Bush administration and orders further review. She set an April 20 deadline for the Interior Department to review the rule and indicate its course of action in response to the injunction.
The rule, which took effect Jan. 11, allowed visitors to carry a loaded gun into a park or wildlife refuge as long as the person had a permit for a concealed weapon and the state where the park or refuge was located allowed concealed firearms. Previously, guns in parks had been severely restricted. The Obama administration had said it was reviewing the Bush rule but had defended it in court. Kendra Barkoff, a spokeswoman for Interior Secretary Ken Salazar, said Thursday the department is reviewing the injunction. The Bush administration issued the gun rule in December in response to letters from half the Senate asking officials to lift the restrictions on guns in parks that were adopted by the Reagan administration in the early 1980s. The rule went further than a draft proposal issued a year ago and would have allowed concealed weapons even in parks located in states that prohibit the carrying of guns in state parks. Some states allow concealed weapons but also ban guns from parks. |
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Autistic murder defendant poses challenges in Ohio
Breaking Legal News |
2009/03/20 09:42
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Sky Walker watches recordings of "The Price is Right" over and over again on a TV positioned just outside his jail cell, a calming ritual for the autistic teenager, who is prone to erratic behavior swings when his routine is changed.
He also gets his favorite barbecue potato chips, and visitors have been allowed to bring him McDonald's Happy Meals — an attempt to keep his environment as normal as it can be as he awaits a decision on whether he is competent to stand trial in his mother's fatal beating.
Walker, 18, is charged with murdering his long-doting mother, Gertrude Steuernagel, a professor at Kent State University who once wrote publicly about having to cope with her son's aggressive behavior. She was found unconscious in their kitchen Jan. 29 and died eight days later. The case has posed special challenges to the justice system from the start; Walker had to wear a face mask at an initial court appearance to prevent him from spitting at deputies. The case has also worried advocates, like Rory McLean, president of the Autism Society of Greater Cleveland, who fear that Walker's actions — he was found cowering in the basement when sheriff's deputies responded to the home — could be misinterpreted. Walker, who has a court-appointed guardian, is due to be arraigned Friday on the murder charge but both sides agreed he did not have to appear in court. He is also charged with assaulting a deputy who investigated the beating. No pleas have yet been entered on his behalf. |
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Lawmakers Debate Battlefronts in Economic Crisis
Breaking Legal News |
2009/03/16 09:33
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A top economic aide to President Obama defended the administration’s multi-front strategy to tackle a number of economic issues at once, calling it “the right medicine,” while a House GOP leader criticized those plans as a “lack of focus.”
“It is an economic war,” said Christina Romer, chairwoman of the Council of Economic Advisers. “We have inherited a crisis like none since we had the Great Depression. So absolutely, it is something we need to deal with. I think we are.” Speaking on NBC’s “Meet the Press,” Romer acknowledged, “We haven’t won yet. We have staged a wonderful battle. So we have put in place just a host of programs: the stimulus package, the financial rescue plan, the housing plan. We think it’s the right medicine and we think it will work.” Romer cited a “focus on fundamentals” by the administration. “The other thing I think is so important, the president has actually said in terms of fundamentals, we need to make changes,” she said. “That’s why he’s focusing on energy, education, getting the budget deficit under control...” However, House Republican Whip Eric Cantor , R-Va., also appearing on the program, criticized the administration for not targeting the fiscal crisis first. “I want to believe that we’re going to get out of this mess. I think all Americans do,” he said. “But I’ll tell you, on Friday I met with 25 small-business people in my district, and times our tough. I mean, we know that 650,000 people lost their job last month. If my math is correct, that works out to be about 15 jobs a minute that people are losing. ... “I think we’re seeing out of the Obama administration is a lack of focus on how to get things going again. If we’re going to get things going again, how can we have a budget that doubles the debt on our children?” The White House reportedly will announce Monday that it will provide an estimated $10 billion to thaw out credit markets specifically for small businesses.
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