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Appeals court hears challenge to gay therapy ban
Court Watch |
2013/04/18 00:56
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California's novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government. It's the "pivot point" of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday. Morgan and two other judges on the nation's largest federal appellate court considered 90 minutes of legal arguments over the ban on "sexual-orientation change" counseling of minors, which other states are considering. The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later. The law was to go into effect Jan. 1, but the court put it on hold pending its decision. Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products. He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy. |
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Spanish king's son-in-law makes court appearance
Court Watch |
2013/02/27 00:20
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Protesters jeered the Spanish king's son-in-law before he was questioned Saturday by a judge about allegations he and a partner funneled away millions of euros through fraudulent deals.
The investigation has deeply embarrassed the monarchy in a country hard hit by a financial crisis and sky-high unemployment. The scandal ranks among the worst public relations mishaps the royal household has experienced in the 37-year reign of King Juan Carlos.
Inaki Urdangarin, who has not been charged with a crime, made his way into a courthouse in Palma de Mallorca amid tense street scenes where a contingent of around 170 police kept several hundred protesters away from the building. Urdangarin, married to the 75-year-old king's second daughter, Princess Cristina, has denied any wrongdoing.
Urdangarin, facing his second appearance in court, did not stop to say anything, but wished about 100 journalists accredited to cover the event a curt "good morning" as he walked in, accompanied by his lawyer Mario Pascual Vives.
The Duke of Palma, the title held by Urdangarin, had been called to answer questions behind closed doors at a courthouse on this Mediterranean island about whether he used his high-profile status to secure lucrative deals for a nonprofit foundation he ran and then fraudulently diverted money for personal gain. |
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Ex-Mass. chemist pleads not guilty to obstruction
Court Watch |
2013/01/30 09:02
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A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions.
Annie Dookhan was indicted on a total of 27 charges accusing her of fabricating test results and tampering with drug evidence while testing substances in criminal cases.
The 35-year-old Dookhan was arraigned Wednesday on four obstruction counts in Brockton Superior Court. She was scheduled to be arraigned later Wednesday on additional charges in Fall River Superior Court.
An estimated 200 convicted defendants have been released from jail and had their cases put on hold while their legal challenges are pending.
Authorities shut down the lab in August.
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Court says Obama appointments violate constitution
Court Watch |
2013/01/29 22:50
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President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a federal appeals court ruled Friday in a far-reaching decision that could severely limit a chief executive's powers to make recess appointments.
The decision of the U.S. Court of Appeals for the D.C. Circuit marked a victory for Republicans and business groups critical of the labor board. If it stands, it could invalidate hundreds of board decisions over the past year, including some that make it easier for unions to organize.
When Obama filled the vacancies on Jan. 4, 2012, Congress was on an extended holiday break. But GOP lawmakers gaveled in for a few minutes every three days just to prevent Obama from making recess appointments. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.
The court rejected that argument, but went even further, finding that under the Constitution, a recess occurs only during the breaks between formal year-long sessions of Congress, not just any informal break when lawmakers leave town. It also held that presidents can bypass the Senate only when administration vacancies occur during a recess.
White House press secretary Jay Carney said the administration strongly disagrees with the decision and that the labor board would continue to conduct business as usual, despite calls by some Republicans for the board members to resign. |
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Court upholds removing man from death row
Court Watch |
2013/01/24 09:58
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The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled.
Allegheny County Judge Lawrence O'Toole ruled in 2010 that 61-year-old Connie Williams should, instead, serve life in prison. The justices agreed in a decision Tuesday.
Williams was convicted and sentenced to death in 2002 for the 1999 killing of Frances Williams, whose head, hands and feet he cut off.
Attorneys for the Federal Community Defender Office in Philadelphia filed a motion in 2008 seeking to vacate the death sentence.
Williams had previously served seven years in prison for the 1974 stabbing murder of his girlfriend's landlord.
It was not immediately clear if county prosecutors will appeal to federal court. |
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Lawyer questions memory of Philadelphia accuser
Court Watch |
2013/01/19 10:49
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A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape. Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use. The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009. The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999. Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty. During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park. The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation. His drug habit at times reached 15 to 20 bags of heroin a day, the young man acknowledged. |
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Appeals court in NYC hears nuclear plant arguments
Court Watch |
2013/01/17 10:49
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A dispute between the state of Vermont and a Louisiana-based power company moved to a federal appeals court Monday, when a panel of judges questioned lawyers but did not signal who they'll side with in the tussle over the future of Vermont's only nuclear plant. David C. Frederick, a lawyer for Vermont officials, urged the 2nd U.S. Circuit Court of Appeals to overturn a lower-court judge who said last year that the Vermont Yankee nuclear plant can continue to operate after the Nuclear Regulatory Commission gave it a 20-year extension to operate. The judge, J. Garvan Murtha in Brattleboro, Vt., had ruled that the federal government controlled the plant's fate as it relates to safety issues. Vermont so far has refused to license the plant after a state permit expired last March. Frederick insisted that the state had important non-safety reasons for seeking a fresh evaluation of the plant, including the "substantial costs" that would be incurred by taxpayers if the plant was decommissioned. Murtha had cited comments about safety that were made by legislators to show the state was primarily concerned with plant safety issues, which he found are solely the responsibility of federal regulators. |
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