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Despite court ruling, China gay rights movement makes gains
Headline Legal News | 2016/04/13 01:38
For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
 
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.

"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."

Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.

The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.


High court rejects appeal over Homeland Security records
Headline Legal News | 2016/01/10 14:50
The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.

The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.

The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.

The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.



Jeffrey Dahmer's lawyer suspended by Supreme Court
Headline Legal News | 2015/12/24 16:34
The Wisconsin Supreme Court on Wednesday suspended serial killer Jeffrey Dahmer's attorney for two months over a series of ethics violations tied largely to an attempt to help a client recover money spent on fake John Lennon memorabilia.

The justices also ordered Gerald Boyle to take courses in law office management and to pay $24,900 to cover the costs of the disciplinary proceedings against him.

Boyle rose to prominence in southeastern Wisconsin law circles after he defended Dahmer. The serial killer was sentenced to life in prison after confessing to 17 murders. Another inmate killed Dahmer in 1994. Boyle also gained fame for defending former Green Bay Packers star Mark Chmura against sexual assault charges. Chmura was ultimately acquitted in 2001.

Boyle didn't immediately return a voicemail left Wednesday at his Milwaukee office.

According to court documents, the state Office of Lawyer Regulation brought six misconduct counts against Boyle last year. Five counts were connected to a man who paid out-of-state galleries tens of thousands of dollars for a microphone Lennon had used and sketches the Beatles front man had drawn.

The man, identified only as D.P. in the documents, hired Boyle to represent him in efforts to recover his money after he learned the memorabilia was fake.

Boyle improperly deposited $65,000 in advance fees from D.P. in his office's operational account rather than in a client trust fund, according to court documents. The attorney also failed to prepare written fee agreements or explain in writing the basis for the fees.



Texas man executed for setting fire that killed 3 children
Headline Legal News | 2015/11/19 22:16
A Texas inmate was executed Wednesday for setting a fire that killed his 18-month-old daughter and her two young half-sisters at an East Texas home 15 years ago.

Raphael Holiday, 36, became the 13th convicted killer put to death this year in Texas, which carries out capital punishment more than any other state. It has accounted for half of all executions in the U.S. so far this year.

The lethal injection was carried out after the U.S. Supreme Court rejected an appeal seeking to halt Holiday's punishment so new attorneys could be appointed to pursue additional unspecified appeals in his case.

Earlier Wednesday, the judge in Holiday's trial court stopped the execution after Holiday's trial attorney filed an appeal saying the conviction and some trial testimony were both improper. The judge agreed the issues should be reviewed and withdrew his execution warrant. The Texas attorney general's office appealed, the judge's order voided and the warrant reinstated, clearing the way for the lethal injection to move forward.

At the Supreme Court, Austin-based lawyer Gretchen Sween argued that Holiday's court-appointed attorneys abandoned him after the justices in June refused to review his case. Those lawyers advised Holiday his legal issues were exhausted and new appeals and a clemency petition would be fruitless.



Suspect in some Phoenix freeway shootings pleads not guilty
Headline Legal News | 2015/10/08 14:57
A man accused in some of the freeway shootings that put Phoenix drivers on edge for weeks pleaded not guilty Thursday as his defense lawyers questioned the strength of the evidence against him.

Attorneys for Leslie Allen Merritt Jr., 21, who was arraigned on 15 felony counts, including aggravated assault and carrying out a drive-by shooting, said outside court that the investigation by state police does not place him at the shooting scenes.

"We're going to work diligently to make sure that we investigate this fully, and we believe in his innocence," said Ulises Ferragut, one of Merritt's two attorneys.

Ferragut and attorney Jason Lamm also cited investigators' evolving timeline of the shootings. They plan to do their own investigation, looking into another person possibly admitting responsibility for any of the 11 shootings, Lamm said. They didn't identify that person or provide details.

"It's very, very early in the game to get hard confirmation on that," Lamm said.

Department of Public Safety investigators used ballistics tests to tie Merritt to four of the 11 shootings that occurred on Phoenix-area freeways between Aug. 22 and Sept. 10.



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