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Battle between SC Episcopalians back state court
Law News |
2013/06/11 09:02
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The legal fight between two factions of South Carolina Episcopalians will be decided in state court.
U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts. Houck heard arguments in the dispute last week.
The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church. The break-away churches then sued in state court to protect the use of the name and a half billion dollars' worth of property.
Parishes remaining with the national church then sued in federal court saying the case raised First Amendment and other federal issues.
But Houck disagreed and late Monday sent the case back to state court.
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OJ bid for new trial starting in Las Vegas court
Law News |
2013/05/14 00:04
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O.J. Simpson is back in a Las Vegas courtroom to ask for a new trial in the case that sent him to prison in 2008.
The former football hero and a new set of lawyers hope to convince a judge during a hearing that began Monday that trial lawyer Yale Galanter had conflicted interests and shouldn't have handled Simpson's armed case.
Simpson appeared in court wearing a blue jail uniform. His hair was short and grayer than it was during a previous court appearance in 2008.
He entered the courtroom in handcuffs, flanked by guards and nodded toward people he recognized in the second row.
Simpson is serving nine to 33 years in a Nevada prison. He's due to testify Wednesday.
Galanter is scheduled to testify Friday. He is declining comment before then.
Simpson says that Galanter knew ahead of time about his plan to retrieve what he thought were personal mementoes from two sports memorabilia dealers at a casino hotel room in September 2007. |
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Flavor Flav due in Las Vegas court on felony case
Law News |
2013/04/12 15:51
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A judge in Las Vegas is expected to hear evidence in a felony case alleging entertainer Flavor Flav attacked his longtime girlfriend and her teenage son last October.
The 54-year-old former rap and reality TV star is due Wednesday before a Las Vegas judge who agreed twice before to postpone his hearing.
Defense attorney Tony Abbatangelo has said he hoped to settle the case, but prosecutor Jake Merback says nothing is resolved so far.
The entertainer's legal name is William Jonathan Drayton Jr.
He's accused of pushing his girlfriend of eight years to the floor Oct. 17 and wielding two knives while allegedly chasing and threatening the woman's 17-year-old son.
He could face prison time on assault and child endangerment charges.
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Court considers Calif. prison mental health care
Law News |
2013/04/02 12:43
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A federal judge in Sacramento is set to hear arguments Wednesday over Gov. Jerry Brown's push to regain state control of inmate mental health care after 18 years of federal oversight and billions of dollars spent to improve treatment.
Lawyers representing the state argue that California is now providing a constitutional level of care to its prison inmates, while attorneys for the inmates say more improvement is needed.
California has spent more than $1 billion in construction for mental health facilities and increased salaries to hire more and better mental health workers. It now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates, or about one specialist for every 19 patients.
"California has invested tremendous amounts of money, resources and effort to transform its prison mental health care system into one of the best in the country," the state said in one of its recent court filings.
Inmates' attorneys say the efforts so far are not enough and that more mental health facilities must be built and staffed. They also say more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons.
California's prison suicide rate was 24 per 100,000 inmates in 2012. That compares to 16 per 100,000 inmates in other state prisons and the historical average of nine suicides per 100,000 inmates in federal prisons. |
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Proposal would charge $10 to search court records
Law News |
2013/03/20 16:06
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In a move that is raising concern about limiting access to public documents, California courts could charge $10 for each record search under a proposal included in Gov. Jerry Brown's budget.
The governor included the search fee as one of the ways the courts can raise $30 million a year to offset budget cuts.
The judicial budget has been reduced by more than $1 billion through cuts and transfers over the past five fiscal years, which has resulted in fewer courtrooms, construction delays and an array of higher fees.
Media organizations and good-government advocates worry that such a fee would restrict access to files the public has a right to view. Democratic lawmakers also expressed distaste for restricting information to those who can afford it.
"Justice that suddenly comes with a big price tag so that not all newspaper reporters or members of the public may be able to get access to court records, for example, can mean justice denied," said Sen. Loni Hancock, D-Berkeley. "We know that, for instance, higher fees for investigative reporting could have prevented those young journalists decades ago who exposed the Watergate scandal." |
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