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NY Court: Gay Marriage Caucus Didn’t Break Rules
Law News |
2012/07/09 15:33
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A state appeals court rejected a challenge to New York’s year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters, including Gov. Andrew Cuomo, did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York’s open meeting rules ahead of the law’s passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official. |
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Wis. court won't rehear union case without justice
Court Press News |
2012/07/06 15:43
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The state Supreme Court won't reconsider a lawsuit challenging Gov. Scott Walker's collective bargaining law without Justice Michael Gableman.
Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law during debate on the measure. The Supreme Court ruled in June 2011 the law stands.
Ozanne in December asked the court to reconsider the case. He argued the Michael, Best & Friedrich law firm both defended the law and gave Justice Michael Gableman free legal help in the past, raising questions of impropriety.
The prosecutor demanded Gableman recuse himself from further proceedings. Gableman refused, saying he could be impartial.
The Supreme Court tied 3-3 Friday on Ozanne's request to rehear the case without Gableman. It would have taken four votes to proceed.
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Romney calls Obama's health care requirement a tax
Legal News Digest |
2012/07/05 02:16
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Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.
"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."
Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.
The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010.
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Report: Okla. court shooting suspect delusional
Law News |
2012/07/04 02:16
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Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.
Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.
Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World reported.
Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report. |
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Man pleads not guilty to smuggling fake Marlboros
Legal Career News |
2012/07/03 09:03
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A Chinese national pleaded not guilty Monday to charges that he smuggled more than $1 million worth of fake Marlboro cigarettes into the United States.
Lin Xiao Wei, 32, who is charged with selling, dispensing and fraudulently importing a counterfeit tobacco product, entered his plea in U.S. District Court in Providence and was ordered held.
U.S. Magistrate Judge Lincoln Almond noted that Wei had entered the United States on a visitor's visa and has no ties to the country, so he deemed him a flight risk. Wei did not request bail, but Almond said his public defender could request it later.
Federal prosecutors say a confidential source arranged for Wei, who uses the name "Marvin," to ship a 20-foot container of counterfeit Marlboros from China to Miami. The shipment was labeled as leather products headed for Rhode Island.
Prosecutors also say Wei discussed a deal to sell to the source tens of thousands of fake Viagra tablets for more than $1.3 million and said he would be able to make a counterfeit version of a new Nike sneaker before it was released in stores in the United States.
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