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Federal court: Anti-Muslim group can't post ads on buses
Legal Marketing News | 2015/08/14 08:58
An anti-Muslim group cannot post ads on buses in Washington state showing photos of wanted terrorists and wrongly claiming the FBI offers a $25 million reward for one of their captures, a federal appeals court ruled Wednesday.

A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected a claim by the American Freedom Defense Initiative that King County violated its First Amendment right to free speech by refusing to post the advertisements on buses.

The group — whose leader, Pamela Geller, organized the Prophet Muhammad cartoon contest in Texas that exploded in violence in May — has similar bus ads in other cities and has gone to court with mixed results after some transportation officials rejected them.

David Yerushalmi, the group's lawyer, said it will appeal Wednesday's ruling to the U.S. Supreme Court.

The American Freedom Defense Initiative sought to display an ad in Washington state called "Faces of Global Terrorism," which included 16 photographs of militants with their names listed and the statement "AFDI Wants You to Stop a Terrorist." It said the FBI offers a $25 million reward to capture one of the people shown.



NY state Sen. Sampson found guilty of obstruction
Legal Marketing News | 2015/07/24 16:25
A once-powerful New York politician was convicted Friday on charges he lied to the FBI in an attempt to obstruct a corruption investigation targeting him for embezzlement.

A federal jury in Brooklyn reached the verdict after deliberating for about a week at the trial of state Sen. John Sampson.

The Brooklyn Democrat was found guilty of one count of obstruction of justice and two counts of making false statements. He was acquitted on six other counts, including witness tampering.

Sampson, 50, who was re-elected last year, was at the center of the latest federal trial resulting from federal prosecutors' campaign against dirty dealing in Albany.

The verdict showed that the jury agreed that the defendant has an "utter disregard for the rule of law and criminal justice system," acting U.S. Attorney Kelly Currie said outside court.

Defense Attorney Nathaniel Akerman called the mixed verdict a partial victory, and told reporters he would pursue all his appeal options to appeal the convictions "until Mr. Sampson is vindicated."

Also speaking outside court, jury forewoman Kim O'Meally said that jurors decided to clear Sampson on the counts tied to a government cooperator, real estate developer Edul Ahmad. Asked what she thought of the witness, she replied: "He's dirty."

Prosecutors originally charged him with embezzling funds while acting as a court-appointed referee for home foreclosure proceedings in the mid-2000s. They also alleged he persuaded Ahmad to loan him nearly $200,000 to cover up the theft in exchange for political favors.



Court agrees with tossing strict North Dakota abortion law
Legal Marketing News | 2015/07/22 21:05
A federal appeals court agreed Wednesday that one of the nation's most restrictive abortion laws is unconstitutional — a North Dakota statute banning abortions when a fetal heartbeat is detected as early as six weeks into a pregnancy.
 
The 8th U.S. Circuit Court of Appeals agreed with a decision last year from U.S. District Judge Daniel Hovland, who ruled the law unconstitutional. The law was approved by the Republican-dominated Legislature in 2013, though it was quickly put on hold after the state's lone abortion clinic filed a la

Several conservative states have passed restrictive abortion laws in recent years, but abortion rights supporters say North Dakota's 2013 fetal heartbeat law was the strictest in the country.

Supporters said the law was meant to challenge the U.S. Supreme Court's 1973 ruling that legalized abortion until a fetus is considered viable, usually at 22 to 24 weeks. It wasn't immediately clear whether the state would appeal the case, though lawmakers have set aside $800,000 to defend the state's abortion laws.

"Because there is no genuine dispute that (North Dakota's law) generally prohibits abortions before viability — as the Supreme Court has defined that concept — and because we are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions, we must affirm the district court's grant of summary judgment to the plaintiffs," the appeals court ruling said.





Jury: Court gunman's relatives guilty of cyberstalking
Legal Marketing News | 2015/07/13 23:11
A federal jury says the death of a woman who was shot by her former father-in-law a Delaware courthouse in 2013 was the result of cyberstalking by the gunman's widow and children.
 
Jurors on Friday found former optometrist David Matusiewicz; his mother, Lenore; and his sister, Amy Gonzalez, guilty of conspiracy and stalking resulting in the death of David's ex-wife, Christine Belford.
 
Justice Department officials have said they believe there is no precedent for a person being convicted on federal charges of cyberstalking resulting in death, which carries a possible life sentence.

Belford and a friend were killed by David's father, Thomas Matusiewicz, who then exchanged gunfire with police before killing himself.

The defendants will remain in custody pending sentencing, which is scheduled for Oct. 15.


Peterson returns to court in murder-for-hire trial
Legal Marketing News | 2015/07/09 15:55
Former suburban Chicago police sergeant Drew Peterson is due back in court as his trial on charges of plotting to kill a prosecutor approaches.
   
A hearing in the case is scheduled for Tuesday in the southern Illinois county where Peterson is imprisoned.

He's pleaded not guilty to charges of soliciting an unidentified prison inmate to kill Will County State's Attorney James Glasgow.

Glasgow prosecuted the 2012 case in which Peterson was sentenced to 38 years in prison for the bathtub drowning death of his ex-wife Kathleen Savio eight years earlier. Her death was initially ruled an accident, but the case was re-opened after the 2007 disappearance of Peterson's fourth wife.

The Randolph County trial was scheduled to begin Monday, but has been rescheduled to start on August 28.Peterson returns to court in murder-for-hire trial.


Court report raises conflict-of-interest concern in Ferguson
Legal Marketing News | 2015/05/14 12:13
The lines separating government powers have been blurred among Ferguson's court staff, police and prosecutor, raising concerns about potential conflicts of interest, according to a report released Monday by Missouri's judiciary.

The state report examining Ferguson's municipal court system comes as a follow-up to a highly critical U.S. Justice Department report released earlier this year, which asserted that the city's police and courts had been used as a revenue-generating machine.

The Justice Department review was prompted by the fatal shooting last August of 18-year-old Michael Brown, who was black, by a white Ferguson police officer.After the federal review, the Missouri Supreme Court in March appointed appeals Judge Roy Richter to take over the Ferguson court and asked court administration experts to take a look at how things were working.

The new report summarizes the observations and recommendations of those unnamed experts, noting several potential conflicts of interest that caused concern.

Until very recently, the report said, court staff were required to report to the police chief. That structure "potentially compromises the separation our government is to have" between the judicial and executive branches, the report said.


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