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San Francisco nudity ban upheld in federal court
Court Line News |
2013/02/01 14:49
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A federal judge cleared the way Tuesday for the city of San Francisco to ban most displays of public nudity, ruling that an ordinance set to take effect on Feb. 1 does not violate the free speech rights of residents and visitors who like going out in the buff.
U.S. District Court Judge Edward Chen refused to block the ban temporarily or to allow a lawsuit challenging it to proceed.
"In spite of what plaintiffs argue, nudity in and of itself is not inherently expressive," Chen wrote in an 18-page opinion.
The San Francisco Board of Supervisors voted 7-4 last month to prohibit residents and visitors over age 5 from exposing their genitals on public streets, in parks or plazas or while using public transit.
The measure was introduced in response to a group of nudists that regularly gathers in the city's predominantly gay Castro District. The threat of seeing outlawed a right that many people associate with free-spirited San Francisco prompted public protests and disrobing at supervisors meetings.
The activists who challenged the measure in court also had argued that the ordinance was unfair because it grants exceptions for public nudity at permitted public events such as the city's gay pride parade and the annual Bay-to-Breakers foot race. |
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Marine pleads guilty to urinating on Afghan corpses
Legal News |
2013/01/17 23:47
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A Marine who urinated on the corpses of Taliban fighters in a video seen worldwide pleaded guilty Wednesday to several charges at a court-martial at Camp Lejeune, N.C.
Staff Sgt. Edward W. Deptola admitted desecrating the remains and posing with the bodies of insurgents in Afghanistan for what he called “trophy photographs.’’ He also admitted that he failed to supervise other Marines involved in the incident and did not report the violations of military regulations.
In a 39-second video that was widely viewed on the Internet after it appeared in January 2012, four Marines in combat gear were shown urinating on three corpses in southern Afghanistan in July 2011. One Marine could be overheard saying to one of the bodies, “Have a good day, buddy.’’
Deptola had previously been instructed that desecrating corpses was a serious violation of Marine Corps regulations, he told the presiding judge, Lt. Col. Nicole Hudspeth. Nonetheless, he said, he urinated on the dead men and did not intervene to prevent other Marines in his sniper platoon from doing so. |
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Court: Judges cannot indefinitely delay appeals
Court Line News |
2013/01/09 20:10
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The Supreme Court says federal judges cannot indefinitely delay a death row inmate's federal appeals to see if the convict can become mentally competent enough to help his lawyer.
The high court unanimously ruled Tuesday against Arizona death row inmate Ernest Gonzales and Ohio death row inmate Sean Carter.
Inmates appealing state death sentences to federal court have a right to a lawyer. But the courts never said whether the inmates have to be mentally competent enough to help their lawyers with their federal appeals. Gonzales and Carter wanted the high court to say that federal judges have discretion to hold up proceedings indefinitely until the inmates are ready.
Justice Clarence Thomas says "at some point, the state must be allowed to defend its judgment of conviction." |
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Mont. can pursue ex-billionaire bankruptcy
Headline Legal News |
2012/12/19 23:55
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Montana's bid to force ultra-luxury resort founder Tim Blixseth into bankruptcy and make him come up with up $57 million in purported back taxes has been resurrected by an appeals court ruling in the case.
A three-judge panel of the 9th U.S. Circuit Court of Appeals overruled a lower court Monday and said Nevada is the proper venue for the case.
Blixseth, a one-time billionaire who lives in Washington state, is believed to have most of his assets in a Nevada-based trust.
On Tuesday, he promised an appeal.
The appellate ruling comes after a Dec. 5 order that Blixseth pay $41 million to creditors from the Yellowstone Club, the private ski resort he founded near Big Sky.
Beginning in 2005, Blixseth diverted most of a $375 million loan to the club to himself and then-wife Edra Blixseth. They used the money to buy up luxury estates around the world, a pair of jets, cars, furniture, art and jewelry.
When the resort started to founder, Tim Blixseth turned it over to Edra Blixseth during their 2008 divorce and took most of their remaining assets. The Yellowstone Club went bankrupt months later. It was later sold and is now under new ownership.
Montana tax authorities contend the money Blixseth got out of the 2005 loan, from banking giant Credit Suisse, was taxable. They've tried for more than two years to get him to pay up. A separate proceeding to get the money is pending before the Montana Tax Appeals Board.
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Court: District court can hear some fed complaints
Lawyer Blogs |
2012/12/10 14:25
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The Supreme Court says some discrimination complaints from federal workers can go to federal district court, instead of being forced into the U.S. Court of Appeals for the Federal Circuit.
The justices on Monday ruled unanimously that some appeals from the Merit Systems Protection Board can go before U.S. district judges if they involve discrimination claims dismissed for procedural reasons.
Carolyn M. Kloeckner was fired from the Labor Department in 2005 after complaining of sex and age discrimination and a hostile work environment, as well as being declared "absent without leave."
The Merit Systems board dismissed her claims as untimely, and she tried to appeal to district court. But the 8th U.S. Circuit Court of Appeals said her appeal could only be heard by the D.C.-based Federal Circuit.
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Court upholds sentence of ex-CIA station chief
Legal News |
2012/12/03 18:53
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An appeals court has unanimously upheld the nearly 5 ½-year sentence of a former CIA station chief for sexually abusing an unconscious woman at the mansion the U.S. government provided for him in Algeria.
The three-judge panel ruled Friday that U.S. District Judge Ellen Huvelle had adequately explained why she sentenced Andrew Warren to roughly double what was called for in sentencing guidelines.
Warren argued that his Post-Traumatic Stress Disorder, depression and substance abuse made it unreasonable to give him more than a brief sentence, followed by treatment at a private facility. The appeals court disagreed.
After Warren was fired, federal agents found him high on crack in a Virginia motel room with a semi-automatic pistol in his shorts. He pleaded guilty to abusive sexual contact and a gun charge.
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