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Justices chide California-based appeals court
Court Press News |
2008/12/03 18:53
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| The Supreme Court took aim at one of its favorite targets Tuesday, criticizing a California-based federal appeals court for its ruling in favor of a criminal defendant.pThe justices threw out a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals in the case of Michael Robert Pulido, who was convicted for his role in robbing a gas station and killing the defendant./ppA U.S. District Court judge set aside Pulido's conviction because the trial judge in the case gave the jury improper instructions./ppThe high court said in an unsigned opinion that the appeals court ruling affirming the federal judge's action used faulty reasoning. The justices did not reinstate Pulido's conviction./ppJustices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct./ppLast month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales./ppThe case is Hedgpeth v. Pulido, 07-544. /p |
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Victim's kin file suit in Wal-Mart stampede death
Headline Legal News |
2008/12/03 18:52
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| The family of a New York man who was trampled to death the day after Thanksgiving by a stampede of bargain hunting Wal-Mart shoppers has filed a wrongful death lawsuit.pThe family also filed notice that Nassau County, on Long Island, and its police department will be sued./ppThe lawsuit against Wal-Mart and the Long Island mall where it is located was filed Wednesday in state Supreme Court in the Bronx on behalf of Elsie Damour Phillipe. Phillipe is the sister of victim Jdimytai Damour (DHMEE'-tree Di-MOHR'), and is the court-appointed administrator of his estate./ppDamour, a temporary worker hired for the holiday season, was crushed to death when some 2,000 customers stormed into the Valley Stream store./ppNone of the defendants in the lawsuit immediately responded to requests for comment. /p |
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Ages of Supreme Court justices and recent retirees
Legal Career News |
2008/12/02 18:49
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| pThe members of the Supreme Court, by age:/ppJohn Paul Stevens, 88/ppRuth Bader Ginsburg, 75/ppAntonin Scalia, 72/ppAnthony Kennedy, 72/ppStephen Breyer, 70/ppDavid Souter, 69/ppClarence Thomas, 60/ppSamuel Alito, 58/ppJohn Roberts, 53/pp___/ppThe last 10 justices to leave the Supreme Court, with their age and date of retirement:/ppSandra Day O'Connor, 75, Jan. 31, 2006/ppWilliam Rehnquist, 80, Sept. 3, 2005-x/ppHarry Blackmun, 85, Aug. 3, 1994/ppByron White, 76, June 28, 1993/ppThurgood Marshall, 83, Oct. 1, 1991/ppWilliam Brennan, 84, July 20, 1990/ppLewis Powell, 79, June 26, 1987/ppWarren Burger, 79, Sept. 26, 1986/ppPotter Stewart, 66, July 3, 1981/ppWilliam Douglas, 77, Nov. 12, 1975 /ppemx-died while chief justice./em/p |
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Colo. man charged with libel over Craigslist posts
Headline Legal News |
2008/12/02 18:49
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| A man accused of making unflattering online comments about his former lover and her attorney on Craigslist has been charged with two counts of criminal libel.pIt's not a charge you see a lot of, Larimer County District Attorney Larry Abrahamson said of the 1800s-era state law that can put people in jail for the content of their speech or writing./ppAbrahamson charged J.P. Weichel, 40, of Loveland, in October over posts he allegedly made on Craigslist's Rants and Rave section./ppThe case began when a woman told Loveland police in December 2007 about postings made about her between November and December 2007. Court records show posts that suggested she traded sexual acts for legal services from her attorney and mentioned a visit from child services because of an injury to her child./ppPolice obtained search warrants for records from Web sites including Craigslist before identifying Weichel as the suspect. Weichel shares a child with the woman./ppWeichel, confronted by detectives at his workplace in August, said he was just venting, according to court records./ppNo phone listing could be found for Weichel, and his attorney, Michael Liggett of Fort Collins, didn't immediately return a message left Monday by The Associated Press./ppLibel is commonly seen as a civil case. Denver attorney Steve Zansberg, who specializes in First Amendment law, said prosecutors seeking criminal libel cases could have a chilling effect on free speech in Colorado, particularly over the Internet./ppAbrahamson wasn't so sure. He said it is up to police departments to pursue cases./ppZansberg contends the law is outdated, is unclear about stating opinions and is written in such a way that dead people could be victims of criminal libel./p |
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US court: Parents cannot sue to enforce 'No Child'
Headline Legal News |
2008/12/01 18:50
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| A federal appeals court says parents cannot sue school districts to force them to comply with the No Child Left Behind Act.pThe ruling Thursday comes in a case filed against the low-performing Newark Public Schools in New Jersey./ppParents say the district failed to notify them of the right to transfer out of failing schools and of other provisions required under the law./ppThe 3rd U.S. Circuit Court of Appeals says enforcement of the act is up to state educational agencies./ppACLU attorney Scott Michelman says the decision is not in the best interests of parents or children. A school district lawyer did not return calls. /p |
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