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Court grants law license to man in US illegally
Court Line News | 2014/01/06 11:08
The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.

The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.

It's the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.

"This is a bright new day in California history and bodes well for the future," the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.

The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.


Court sides with S. Ind. city in man's injury suit
Law Firm News/Indiana | 2014/01/06 11:07
The Indiana Court of Appeals has upheld a lower court's ruling that the Ohio River city of Madison is not liable for injuries a man suffered when he tripped on a sewer grate.

Brad Haskin suffered a ruptured Achilles tendon in July 2008 when he tripped on the grate while walking from Madison's riverfront. He sued Madison in 2009, alleging it was negligent in maintaining the sewer drain and did not properly illuminate it.

The Madison Courier reports a Jefferson County judge had ruled that under Indiana law a city cannot be held liable for injuries caused by infrastructure like the grate that had been unchanged for 20 or more years.

The appellate agreed with that ruling, finding that the city was immune from liability in the case.


Court order needed to stop Pa. center utilities
Court Line News | 2014/01/02 14:02
A judge says a court order is needed to shut off lights and other utilities at Pittsburgh's struggling August Wilson Center for African American Culture.

Allegheny County Judge Lawrence O'Toole on Monday approved an order sought by the center's court-appointed conservator to keep the downtown facility running.

The ruling covers water and electricity as well as sewage treatment, telephone and Internet services.

An attorney for Duquesne Light said the center owes the electric company $38,000 and is running bills of $10,000 a month.

The center, which opened in 2009, is named after late Pulitzer prize-winning playwright August Wilson, who was born in Pittsburgh.

Dollar Bank began foreclosure proceedings in September after the center defaulted on its $7 million mortgage.


Utah asks Supreme Court to block gay marriage
Headline Legal News | 2014/01/02 13:58
Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.

The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.

In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.

Sotomayor responded with a request for legal briefs from same-sex couples by Friday at noon. She can act by herself or get the rest of the court involved.

"Numerous same-sex marriages are now occurring every day in Utah," Utah lawyers complain in the filing. "Each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels, but also to this court's unique role as final arbiter."


Supreme Court denies appeal in arson case
Headline Legal News | 2013/12/30 14:12
The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.

The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.

Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.

Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.

He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.

In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal.


Tenino man pleads guilty to child pornography
Legal News | 2013/12/30 14:12
The U.S. attorney's office says a Tenino man pleaded guilty Friday in federal court in Tacoma to possession of child pornography.

As part of a plea agreement, prosecutors are recommending a four-year prison term when 47-year-old James Donald Mobley is sentenced in March.

The U.S. attorney's office says the former teacher at Tenino Elementary School is one of 348 people arrested worldwide as part of the "Project Spade" investigation into a Toronto-based website.

Investigators found Mobley purchased child pornography from the company. He was arrested last January. A search of his computer found 650 photos and 45 videos of child pornography.


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