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Oklahoma court to look at blocking Tulsa grand jury probe
Court Line News |
2015/07/03 14:22
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The Oklahoma Supreme Court said Thursday it will consider whether to stop a grand jury investigation into an embattled sheriff whose longtime friend and volunteer deputy fatally shot an unarmed man.
Attorneys for Tulsa County Sheriff Stanley Glanz want justices to toss out a lower court's decision to empanel a grand jury on July 20. The state Supreme Court late Thursday appointed a referee to hear evidence and arguments in the case on July 14.
More than 6,600 Tulsa residents petitioned for the investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were shown special treatment. Glanz's lawyers say some signatures were gathered improperly and the petition should be tossed.
District Judge Rebecca Nightingale on Tuesday rejected Glanz's claims. Terry Simonson, a spokesman for the sheriff, said Glanz is appealing to the high court because the law has been applied incorrectly.
"He has the same rights as every citizen in Oklahoma to defend the position he believes in and the right to appeal based upon that conviction," Simonson said. "That's what he did today."
The petition drive began after reserve deputy Robert Bates, 73, shot and killed Eric Harris on April 2. Harris ran from authorities during a gun-sales sting operation and Bates maintains he confused his stun gun and handgun. Bates has pleaded not guilty to second-degree manslaughter in the slaying.
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Abortion ban based on heartbeat rejected by appeals court
Court Line News |
2015/06/03 00:39
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A federal appeals court struck down one of the nation's toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat.
The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus' ability to live outside the womb, not the presence of a fetal heartbeat that can be detected weeks earlier. The court said that standard was established by previous U.S. Supreme Court rulings.
The ruling upholds a decision of a federal judge in Arkansas who struck down the 2013 law before it could take effect, shortly after legislators approved the change. But the federal judge left in place other parts of the law that required doctors to tell women if a fetal heartbeat was present; the appeals court also kept those elements in place.
Attorney General Leslie Rutledge's office was reviewing the decision "and will evaluate how to proceed," office spokesman Judd Deere said Wednesday afternoon.
The ruling wasn't a surprise to Rita Sklar, executive director of the American Civil Liberties Union of Arkansas, which represented the two doctors challenging the law. She said the case was a waste of taxpayer time, and that the decision leaves medical decisions to doctors and their patients, rather than politicians. |
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High court won't hear appeal over Walker campaign probe
Court Line News |
2015/05/18 12:15
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The Supreme Court won't hear an appeal from a conservative group seeking to end an investigation into possible illegal coordination between Wisconsin Gov. Scott Walker's 2012 recall campaign and independent groups.
The justices on Monday let stand an appeals court ruling that said Wisconsin Club for Growth and its director, Eric O'Keefe, must resolve their claims in state courts.
No one has been charged as a result of the investigation which has sought documents and testimony about possible violation of state campaign finance laws.
The investigation is on hold while a separate legal challenge is pending before the Wisconsin Supreme Court.
The club and O'Keefe argued that the investigation was a violation of their First Amendment rights and an attempt to criminalize political speech.
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Pandora loses to BMI in court hearing, vows to appeal
Court Line News |
2015/05/16 12:14
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Pandora Media Inc. lost a court hearing Thursday in a dispute with music publishing rights group BMI over royalty rates, but the Internet streaming leader said it will appeal.
Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.
Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.
If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.
BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents.
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Appeals court skeptical of fairness of trader's conviction
Court Line News |
2015/05/15 12:14
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An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.
Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.
The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.
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Court affirms dad's rights in turkey baster conception
Court Line News |
2015/04/23 15:14
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The Virginia Court of Appeals has affirmed the parental rights of a man whose son was conceived by using a turkey baster.
A three-judge panel unanimously upheld Roanoke Circuit Judge Charles N. Dorsey's decision granting joint custody and visitation rights to Robert Preston Boardwine.
According to the court, Joyce Rosemary Bruce wanted to have a child she could raise on her own. Boardwine supplied the sperm in a plastic container. Bruce transferred it to a turkey baster, which she used to inseminate herself.
Bruce argued that Boardwine had no parental rights under the state's assisted conception law. But the appeals court said Tuesday that the law applies only to pregnancies resulting from the use of medical technology, and the use of a common kitchen implement at home doesn't qualify. |
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