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Wisconsin court ends probe of presidential hopeful Walker
Lawyer Media News | 2015/07/16 09:07

Presidential candidate Scott Walker won a major legal victory Thursday when Wisconsin's Supreme Court ended a secret investigation into whether the Republican's gubernatorial campaign illegally coordinated with conservative groups during the 2012 recall election.
 
No one has been charged in the so-called John Doe probe, Wisconsin's version of a grand jury investigation in which information is tightly controlled, but questions about the investigation have dogged Walker for months.

Barring an appeal to the U.S. Supreme Court, the ruling makes Walker's campaign that much smoother as he courts voters in early primary states.

"Today's ruling confirmed no laws were broken, a ruling that was previously stated by both a state and federal judge," said Walker's spokeswoman Ashlee Strong. "It is time to move past this unwarranted investigation that has cost taxpayers hundreds of thousands of dollars."

The case centers on political activity conducted by Wisconsin Club for Growth and other conservative organizations during the 2012 recall, which was spurred by Democrats' anger over a Walker-authored law that effectively ending collective bargaining for most public workers.

The justices cited free speech in effectively tossing out the case, ruling state election law is overbroad and vague in defining what amounts to "political purposes."

Justice Michael Gableman, part of the court's conservative majority, praised the groups for challenging the investigation.

"It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution," Gableman wrote in the majority opinion.



Michael Jackson’s doctor pleads not guilty
Lawyer Media News | 2015/07/07 14:22
Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama.

Dr. Conrad Murray, accused of giving Jackson a fatal dose of an anesthetic to help him sleep, appeared in court in a gray suit and burgundy tie as Jackson’s father Joe, mother Katherine, and siblings LaToya, Jermaine, Tito, Jackie and Randy watched from courtroom seats behind prosecutors.

Neither Murray nor the Jacksons showed much emotion as the six-foot-five Murray entered his plea through his attorney Ed Chernoff, but as he emerged from court, Joe Jackson declared, “My son was murdered.”

“We need justice,” he added before leaving with family members in a fleet of Cadillac Escalades.

On Monday night, Joe Jackson told CNN’s Larry King that he doesn’t believe Murray is the only person responsible for his son’s death. “To me, he’s just the fall guy. There’s other people I think involved with this whole thing,” Joe Jackson said, without elaborating.

Joe Jackson also told King his son believed his life was in danger. “Michael said it himself that he would be killed,” Joe Jackson said. “He even told his kids that he would be murdered.”

Earlier, several people shouted “murderer” as Murray walked past a crowd of hundreds of reporters and Jackson fans on his way to a courthouse adjacent to Los Angeles International Airport. Others held signs urging “Justice For Michael.”

Murray, 56, a Houston cardiologist who was with Jackson when he died June 25, entered his plea just hours after he was charged.



Legal public nudity; cattle rustling; sheriff pays tax
Lawyer Media News | 2015/07/06 14:22
A Minnesota volunteer firefighter was suspended Sunday for flying a Confederate flag from an engine that he drove in a holiday parade, and he said he expects to be asked to resign.

Brian Nielsen, 43, drove a Hartland Fire Department truck in the Third of July Parade in the southern Minnesota city of Albert Lea, the Albert Lea Tribune first reported. Nielsen, who's been with the department for about 10 years, flew both the Confederate and American flags from the back of the truck. He said neither his town nor his department had anything to do with it.

Nielsen said he's not for slavery, but did it because he was fed up with political correctness.

"It was my decision and I didn't think it was going to be a big deal, but boy was I wrong," Nielsen told The Associated Press.

He said Hartland Fire Chief Trent Wangen suspended him Sunday pending an investigation.

"More than likely I'll probably be asked to step down," Nielsen said. "I respect that and will do that if they want."

The killings of nine people at a historically black South Carolina church last month have sparked debate nationwide about the appropriateness of displaying the Confederate flag. The man charged in the shooting deaths had posted photographs of himself with the flag on social media.

Nielsen said he didn't think flying the flag would draw as much flak as it has. It's been the subject of critical tweets and Facebook postings. He said a woman wearing a Democratic-Farmer-Labor Party patch came up to him and criticized the flag before the parade, but other spectators stood up and clapped as the truck flying both the U.S. and Confederate flags passed by.

Friday's parade was organized by the Albert Lea Chamber of Commerce. Its executive director, Randy Kehr, said the display was "unfortunate" but within the firefighter's rights. He told the Star Tribune of Minneapolis he didn't know ahead of time that the truck would carry the Confederate flag, and probably would have respectfully asked Nielsen not to fly it if he had known.


Court allows hotly disputed discount contact lens price law
Lawyer Media News | 2015/06/14 19:09
A federal appeals court ruling has cleared the way for discount contact lens retailers to drop prices while a legal battle is waged between the state of Utah and manufacturers who want to impose minimum prices on their products.
 
The decision handed down from the 10th Circuit Court of Appeals in Denver on Friday comes after three of the nation's largest contact lens manufacturers sued to halt a hotly contested law.

Supporters, including Utah-based discount seller 1-800 Contacts, say the newly enacted legislation bans price fixing for contact lenses. But opponents, including Alcon Laboratories, Johnson & Johnson and Bausch & Lomb, say it's a brazen overreach that allows discount sellers to violate interstate commerce regulations and skirt industry price standards.

Utah's attorney general has said the companies are wrongly driving up prices, and the law is a legitimate antitrust measure designed to enhance competition and help customers. Attorney General Sean Reyes' office didn't have a comment on the decision Friday.

The ruling allows the law to go into effect while a legal battle over the measure works its way through the courts. The appeals court did agree to fast-track the case and new briefs are due in the case later this month.

Donna Lorenson, a spokeswoman for Alcon, says the company is "extremely disappointed" and maintains the law violates interstate commerce rules.


New Jersey's top court sides with Christie on pensions
Lawyer Media News | 2015/06/11 19:08
New Jersey's top court sided with Gov. Chris Christie on Tuesday, giving him a major victory in a fight with public worker unions over pension funds and sparing a new state budget crisis.
   
The state Supreme Court overturned a lower-court judge's order that told the Republican governor and the Democrat-controlled Legislature to work out a way to increase pension contributions for the current fiscal year, which ends June 30.

In a 5-2 ruling, the court said there wasn't an enforceable contract to force the full payment, as unions had argued there was.

"That the State must get its financial house in order is plain," Justice Jaynee LaVecchia wrote in the majority opinion. "The need is compelling in respect of the State's ability to honor its compensation commitment to retired employees. But this Court cannot resolve that need in place of the political branches. They will have to deal with one another to forge a solution to the tenuous financial status of New Jersey's pension funding in a way that comports with the strictures of our Constitution."

She noted that the state is obligated to pay individual retirees their pensions. That's not in danger this year, but unions say the funds could start going insolvent within the next decade.

Justice Barry Albin dissented and was joined by Chief Justice Stuart Rabner.

"The decision unfairly requires public workers to uphold their end of the law's bargain — increased weekly deductions from their paychecks to fund their future pensions — while allowing the State to slip from its binding commitment to make commensurate contributions," Albin wrote. "Thus, public workers continue to pay into a system on its way to insolvency."

One of Christie's signature achievements as governor has been a 2011 deal on pensions for public workers. Employees had to pay more and the government was locked into making up for years of skipped or reduced contributions.



Oscar Pistorius case: Court sets November for appeal
Lawyer Media News | 2015/06/10 19:08
Oscar Pistorius' case will go in front of South Africa's Supreme Court of Appeal in November, the court said Monday, when prosecutors will challenge the decision to acquit him of murder for shooting girlfriend Reeva Steenkamp.

Pistorius would again face the possibility of a murder conviction and a minimum of 15 years in prison if a panel of judges at the Supreme Court of Appeal overturns the original decision in his murder trial.

The court has not yet set an exact date for the appeal, court registrar Paul Myburgh told The Associated Press, but it will be in November. That will be three months after Pistorius is eligible for release from prison to serve the remainder of his current sentence, for a culpable homicide conviction, under house arrest.

Pistorius was acquitted of murder last year for killing Steenkamp in 2013 by shooting her multiple times through a closed toilet door in his Pretoria home. The runner claimed he mistook Steenkamp for a nighttime intruder.

He was convicted instead of culpable homicide, a charge similar to manslaughter, and sentenced to five years in a jail in the South African capital, Pretoria.

Prosecutors appealed the decision by trial Judge Thokozile Masipa, saying the double-amputee Olympic athlete should have been found guilty of murder. In December, Masipa granted prosecutors permission to appeal her finding at the Supreme Court of Appeal.


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