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Appeals court rejects sanctuary policy lawsuit
Law News | 2011/02/01 10:22
pA state appeals court says San Francisco cannot be held responsible for the deaths of a father and two sons allegedly killed by a man who had been protected by the city's sanctuary policy.
The San Francisco Chronicle reports that the court ruled Monday that the city isn't liable for crimes committed by the alleged gunman, Edwin Ramos, who is a suspected illegal immigrant from El Salvador. The decision upholds a February 2010 court decision. /ppPolice believe Ramos mistook Tony Bologna and his sons, Michael and Matthew, for gang members and then fatally shot them near their San Francisco home in June 2008. /ppRelatives say the victims might be alive if Ramos had been turned over to immigration authorities after earlier arrests when he was a juvenile. /p


Cops Bust Wrong Pot Party, End Up in Supreme Court
Law News | 2011/01/12 02:59
pHollis King and his two friends might be the unluckiest pot smokers in Kentucky./ppThe three men were sitting around King's apartment in Lexington, Ky., on a Thursday night in October 2005, when police officers knocked on the front door, then kicked it in. They did not have a search warrant./ppThe police were looking for a man who fled into an apartment building after selling cocaine to an informant. They heard a door slam in a hallway, but by the time they were able to look down it, they saw only two closed doors./ppThey didn't know which one the suspect had gone through, but, smelling the aroma of burnt pot, chose the apartment on the left./ppTheir quarry had gone into the apartment on the right. But in King's place, they found one person smoking pot and a small amount of cocaine and money, and arrested King and his friends./ppKing pleaded guilty to drug charges, but the Kentucky Supreme Court threw out the evidence against him and the conviction, ruling that the police did not have cause to burst into his home without a warrant./ppThe U.S. Supreme Court is hearing the state's appeal of that ruling Wednesday, in a case that could clarify rules for when police can conduct searches without a warrant./ppThe police contend they entered the apartment because they heard noises they thought might indicate that evidence was being destroyed. King says the noises they heard were people moving around in response to the commotion in the hallway./ppAnd what of the original suspect? The police eventually found him in the apartment on the right. But prosecutors later dropped charges against him for reasons that are not explained in court papers./p


Navajo high court halts discretionary spending
Law News | 2011/01/07 07:03
pThe Navajo Nation’s high court has banned elected tribal officials from doling out public money until the tribe establishes rules on their financial aid program./ppThe court made the decision this week in a case that challenged the reduction of the Tribal Council from 88 members to 24./ppTribal lawmakers set aside $150,000 in public money to mount the challenge. The Supreme Court justices said the appropriation was unlawful and that tribal officials failed to adequately review it./ppSome lawmakers have been criticized for discretionary spending. All but 11 of the 88 lawmakers and the incoming tribal president were charged in a probe of the spending./ppOne of the cases has been dismissed, but a judge hasn’t ruled on whether it can be refiled.
/p
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Court won't speed challenge to MN disclosure law
Law News | 2010/10/04 09:20
pA federal appeals court has declined to fast-track a challenge against a Minnesota law requiring disclosure of corporate political spending./ppIn an order Monday, the 8th Circuit Court of Appeals denied a motion to expedite the case, and it scheduled oral arguments for Jan. 11 in St. Louis, well after the election./ppMinnesota Citizens Concerned for Life, the Taxpayers League of Minnesota and a travel company are trying to overturn the law on free-speech grounds./ppU.S. District Judge Donovan Frank last month refused to block the state law./ppThe groups have also asked the 8th Circuit for an injunction to suspend enforcement of the disclosure law while their appeal is considered. The appeals court took that request under advisement./p


Ex-health care exec. to plead guilty to wire fraud
Law News | 2010/09/08 09:39
A former executive of the bankrupt health care company Canopy Financial Inc. has agreed to plead guilty in an alleged multimillion-dollar fraud.pCourt documents released Wednesday say former chief technology officer Anthony Banas will plead guilty to wire fraud./ppChicago-based Canopy was known as one of the nation's fastest growing businesses before its 2009 bankruptcy. Many clients relied on it to pay medical bills./ppBanas and former chief operating officer, Jeremy Blackburn, have been charged with wire fraud, which carries a maximum 20-year prison sentence./ppBanas' agreement says he participated in transferring $60 million of investor funds and misappropriating $18 million in health care savings accounts./ppMessages left for defense attorneys weren't immediately returned./p


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