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Court grants appeals from 2 people without lawyers
Attorney News |
2012/09/27 14:50
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Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot — Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn't afford or didn't bother to hire an attorney.
One was written in pencil and submitted by an inmate at a federal prison in Pennsylvania. The other was filed by a man with no telephone living on Guam.
Neither case seems destined to join the ranks of Gideon v. Wainwright, the landmark 1960s case filed by a prisoner with no lawyer that established a criminal defendant's right to a lawyer. Both show, however, that when the court is looking to resolve finicky legal issues and the right case shows up, it doesn't matter whether the author of the appeal wears a natty suit or prison garb.
Longtime Supreme Court practitioner Tom Goldstein called the granting of two such lawyerless cases at the same time "unheard of." But both cases chosen by the justices will help resolve the ability of civilians to sue the government over claims of improper actions of federal and military employees on the job.
Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., sued the government after accusing prison guards at the Special Management Unit of sexually assaulting him in May 2010. Prison officials said Millbrook's claim was unsubstantiated. |
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Appeals court reverses ruling on campaign donors
Politics |
2012/09/22 15:55
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An appeals court on Tuesday reversed a lower court ruling that likely would have led to greater disclosure of who is paying for certain election ads.
In March, U.S. District Judge Amy Berman Jackson ruled that the Federal Election Commission overstepped its bounds in allowing groups that fund certain election ads to keep their financiers anonymous.
But Tuesday's unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia sent the case back to Jackson, with instructions to refer the matter to the FEC for further consideration.
At issue are electioneering communications — ads that don't expressly advocate voting for or against a candidate running for federal office. In 2007, the FEC ruled that only contributors whose donations were "made for the purpose of furthering electioneering communications" had to be identified; those who gave unrestricted money did not have to be identified. The FEC regulation came in response to a Supreme Court ruling that gave more latitude to nonprofit groups — like the Karl Rove-backed Crossroads GPS and the President Barack Obama-leaning Priorities USA — on pre-election ads.
Rep. Chris Van Hollen, D-Md., sued the FEC over the regulation, which he called a "loophole" that made the disclosure requirements meaningless. He won a summary judgment from Jackson, who was appointed by Obama. The judge ruled that "Congress spoke plainly" in passing the McCain-Feingold campaign finance law — and did not delegate authority to the FEC to narrow the disclosure requirement.
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Mo. high court hears arguments on incentive fund
Legal News |
2012/09/20 15:55
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Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.
Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.
During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect. |
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KC law firm owner faces murder, forgery charges
Legal News |
2012/09/14 11:03
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The owner of a Kansas City law firm was indicted Friday on first-degree murder and forgery charges, but authorities would not confirm whether it's related to the 2010 shooting death of the attorney's father.
The Jackson County Sheriff's Office said in a news release that Susan Elizabeth Van Note, 44, of the Kansas City suburb Lee's Summit, was arrested shortly after the indictment and that the charges are in connection to an investigation into a 2010 homicide in Camden County. The release does not name the homicide victim.
Van Note's father, 67-year-old accountant William Van Note, was shot in October 2010 along with his companion, Sharon Dickson, 59. Dickson died in the shooting at their Sunrise Beach home at the Lake of the Ozarks in Camden County. Van Note died four days later in a hospital in Boone County. |
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Pa. high court revisits juvenile life sentences
Court Line News |
2012/09/12 10:49
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Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.
A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.
There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.
The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.
The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.
Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.
In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole. |
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NY court protects French shoemaker's red soles
Legal News |
2012/09/07 15:26
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A federal appeals court in Manhattan says the distinctive red soles of Christian Louboutin shoes are entitled to trademark protection.
The 2nd U.S. Circuit Court of Appeals on Wednesday ruled in favor of the French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry.
The court says Louboutin is entitled to protect its brand against red-soled shoes made by competitor Yves Saint Laurent S.A.S., which is also based in Paris.
The U.S. Patent and Trademark Office in 2008 had granted the trademark protection to Louboutin.
Louboutin has applied glossy vivid red to the outsoles of women's shoes since 1992. The shoes sell for up to $1,000 a pair.
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