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Appeals court upholds key voting rights provision
Legal News | 2012/05/16 22:11

A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county's challenge to the landmark civil rights law.

The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time.

The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court's conservative majority might be receptive to a challenge to section 5.

Judge David Tatel wrote for the Court of Appeals majority that the court owes deference to Congress' judgment on the matter.



Defendant won't testify in US webcam spying trial
Legal News | 2012/03/12 11:52
A former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man won't take the witness stand in his own defense, his lawyer told the judge as he rested his case.

The 20-year-old Ravi, who was born in India and came to New Jersey as a young child, is charged with 15 criminal counts, including bias intimidation and invasion of privacy. Bias intimidation is a hate crime punishable by up to 10 years in prison in New Jersey. He also could be deported to India, where he remains a citizen, if he's convicted on any counts.

Prosecutors presented about 20 witnesses over 10 days as they built a case against Ravi. Defense lawyers called nine lawyers in two days.

Ravi's roommate, Tyler Clementi, committed suicide by jumping off the George Washington Bridge in September 2010, just days after the intimate encounter. His death brought widespread attention to the difficulties that can be faced by young gays.




Group wants Supreme Court to save war memorial
Legal News | 2012/02/09 10:10
Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops.

A nonprofit legal firm, Liberty Institute in Dallas, planned to file its petition Thursday to preserve the 43-foot monument on federal land atop San Diego's Mt. Soledad — the same day the group called on combat veterans and supporters to rally at the picturesque site overlooking the Pacific Ocean in the suburb of La Jolla.

The Supreme Court has signaled a greater willingness to allow religious symbols on public land, and the U.S. House of Representatives passed a bill last month that writes into law the propriety of displaying such markers at war memorials.

Last year's ruling by the 9th Circuit U.S. Court of Appeals capped two decades of legal challenges over the 1954 cross that became a memorial to Korean War veterans.

A number of other military memorials on public lands across the country have been challenged in recent years by civil liberty activists and atheists who say they violate the separation between church and state. The Supreme Court in 2010 refused to order the removal of a congressionally endorsed war memorial cross from its longtime home atop a remote rocky outcropping in California's Mojave Desert.


Palm Beach Construction Law Attorney
Legal News | 2012/02/04 10:03
a href=http://www.palmbeachconstructionlaw.org/disputes-contractsPalm Beach Construction Law Attorney/a

Heitman Law Firm serves its clients by first comprehending the specific issues our clients face and then tailoring our representation to those specific needs. Construction law cases often involve legal, technical, engineering, design, constructability and scheduling issues. We speak the language of construction. We understand your business. We know how to read a set of plans. Our client service is based on the idea that the client should not be required to pay to
bring us up to speed on the construction issues. Instead, we make it our business to be ahead of the learning curve.

Our law firm's Florida construction law practice includes the following areas:

• Land Use Planning
• Permitting
• Bid Preparation
• Bid Protests
• Contract Drafting
• Contract Review
• Contract Negotiation
• Contract Administration
• Design-Build Contracts
• Contract Claims Preparation
• Contract Dispute Resolution
• Alternative Dispute Resolution (ADR)
• Dispute Review Board Hearings
• Administrative Hearings
• We represent both domestic and international clients
• Private Construction Projects
• Public Construction Projects
• Projects Nationwide
• Design Professional Negligence

Heitman Law Firm combines experience and efficiency in construction law to render their clients high quality legal representation. With years of experience building real world construction projects, Mr. Heitman is an expert in construction law and efficiently resolve construction disputes. Visit www.palmbeachconstructionlaw.org for more information.


Conviction and sentence upheld in Palin email case
Legal News | 2012/01/30 13:18
A federal appeals court panel has upheld the conviction and sentence of a University of Tennessee student in the hacking of Sarah Palin's email in 2008.

The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.

Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain's GOP running mate at the time.

Kernell was released in November after serving less than 11 months.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.


Iowa mom pleads not guilty in newborn twins' death
Legal News | 2012/01/30 10:18
A Huxley woman accused of killing her newborn twin daughters and hiding their bodies in the trunk of her car has pleaded not guilty.

Jackie Burkle is charged with two counts of first-degree murder. She is being held on $1 million bond.

Her attorney entered a written plea of not guilty on her behalf Monday morning in Story County District Court in Nevada.

Police found the infants' bodies in the trunk of Burkle's car on Jan. 7 after receiving a call to check on her.

Court records show Burkle appeared pregnant at work at a Huxley convenience store Jan. 5. She no longer looked pregnant two days later, prompting a co-worker to call police.

Police have not released a cause of death or why Burkle gave birth at home.


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