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California appeals court rejects right-to-die lawsuit
Headline Legal News |
2015/11/01 09:33
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A California appeals court on Thursday rejected a lawsuit by three terminally ill patients that sought to clear the way for doctors to prescribe fatal medication to them and others like them who want the option of taking their lives.
A state law that makes helping someone commit suicide a crime clearly applies to physicians who provide patients lethal drugs, a division of the Fourth District Court of Appeal ruled.
"We believe prescribing a lethal dose of drugs to a terminally ill patient with the knowledge the patient may use it to end his or her life goes beyond the mere giving of advice and encouragement and falls under the category of direct aiding and abetting," Associate Justice Alex McDonald wrote.
The ruling affirmed a lower court decision that dismissed the lawsuit. The lawsuit was brought against the state by Christy O'Donnell and two other terminally ill California residents.
O'Donnell suffers from Stage IV cancer of the left lung and was given less than six months to live in May when the lawsuit was filed.
California has since approved right-to-die legislation, though it will not likely go into effect in time to benefit the three patients, the appeals court acknowledged.
John Kappos, an attorney for the patients, said they are considering all options, including an appeal to the California Supreme Court.
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US appeals court upholds gun laws after Newtown massacre
Lawyer Media News |
2015/10/20 15:47
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A federal appeals court has upheld key provisions of New York and Connecticut laws banning possession of semi-automatic assault weapons and large-capacity magazines.
The 2nd U.S. Circuit Court of Appeals ruled Monday, finding that the core parts of the laws do not violate the Second Amendment.
The laws were passed after the December 2012 shooting massacre at Sandy Hook Elementary School in Connecticut killed 20 first-graders and six educators.
The three-judge panel did, however, agree with a lower court that a seven-round load limit in New York could not be imposed. And it found a Connecticut ban on a non-semi-automatic Remington 7615 unconstitutional.
The laws were opposed by groups supporting gun rights, pistol permit holders and gun sellers. Lawyers did not immediately return messages seeking comment.
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'Whitey' Bulger's lover heads to court on contempt charge
Court Line News |
2015/10/19 15:47
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The longtime girlfriend and fugitive companion of James "Whitey" Bulger is expected in federal court to face a contempt charge for refusing to tell whether other people helped the Boston mobster during his 16 years on the run.
Catherine Greig is scheduled to make an initial appearance on the new charge Monday in U.S. District Court.
Greig, 64, already is serving an eight-year sentence for conspiracy to harbor a fugitive, identity fraud and conspiracy to commit identity fraud.
The indictment alleges that from December 2014 until last month, Greig disobeyed a judge's order to testify before a grand jury in an investigation into "third parties" who assisted and harbored Bulger.
Bulger, now 86, fled Boston just before being indicted in early 1995. He was one of the FBI's most wanted fugitives until he was captured in Santa Monica, California, in 2011. He and Greig had been living together in a rent-controlled apartment.
When Greig was sentenced on the original charges in 2012, her lawyer, Kevin Reddington, said Greig was in love with Bulger when she fled with him and did not believe that Bulger was capable of murder.
In 2013, Bulger was convicted of playing a role in 11 murders and other charges in a sweeping racketeering indictment.
Prosecutors said Greig had numerous opportunities to leave Bulger during their time on the run. Instead, they said she helped him remain a fugitive by using false identities and posing as his wife so she could pick up his prescriptions.
The couple posed as married retirees from Chicago. After they were captured, authorities found a stash of more than $800,000 in cash and 30 weapons in their apartment.
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Lawyer tried to keep Somali rape victim in Australia
Court Line News |
2015/10/19 15:47
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A lawyer for a pregnant Somalia refugee rape victim said Monday that he wanted to seek a court order keeping her in Australia before the government suddenly flew her to Nauru without providing the abortion she had requested.
The case of the 23-year-old woman, known by the pseudonym Abyan, has amplified criticisms of the government's tough policy of refusing to allow asylum seekers who arrive by boat to settle in Australia under any circumstances.
Asylum seekers who attempt to reach Australian shores are transferred to Australia-run immigration detention camps on the impoverished Pacific island nations of Nauru and Papua New Guinea.
Abyan alleges she became pregnant at a detention camp on Nauru when she was raped in July.
She requested an abortion and the Australian government flew her to Sydney on Sunday last week on a commercial flight from the tiny atoll for the 14-week pregnancy to be terminated. But she was flown the 4,000 kilometers (2,500 miles) back to Nauru on Friday in a chartered private jet, in what some critics suspect was a hastily arranged bid to beat a potential court order allowing her to stay.
Government officials said she was sent back because she had decided to not proceed with the termination. Abyan said in a statement from Nauru she had not changed her mind, but had been denied an interpreter and counselling.
"I have been very sick," she wrote in a signed statement. "I have never said thate (sic) I did not want a termination."
Lawyer George Newhouse said Monday that he had started preparing an application for a temporary court injunction keeping her in Australia when he discovered Abyan was to be sent back to Nauru. She was gone before he could make the application.
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Britain's High Court rules that Uber app is lawful
Lawyer Blogs |
2015/10/18 00:27
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Britain's High Court has ruled that the Uber app to hail minicabs is lawful ? a blow to London's famous black cab drivers, who argued that it violated city regulations.
The court's decision Friday came after Transport for London sought clarification as to whether the San Francisco-based company's app worked in the same way as meters used by the strictly regulated black cabs.
The Licensed Taxi Drivers' Association argued the app ? which records a car's location and travel time and feeds it back to servers in California ? worked like a meter.
But Justice Duncan Ouseley disagreed, ruling that the app relies on GPS signals and did not operate in the same way.
Uber has come under fire in several European countries, including France, Italy and Spain.
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Thousands turn up at court to support Catalan leader
Legal Marketing News |
2015/10/17 00:27
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Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.
Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.
Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.
The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.
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