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Court date reset in Vegas Strip bird death case
Headline Legal News | 2014/04/15 14:18
A court appearance was postponed Monday in Nevada for a University of California, Berkeley, law school graduate completing prison boot camp for beheading an exotic bird during a drunken chase at a Las Vegas Strip resort.

Prosecutor Frank Coumou says Justin Alexander Teixeira's court date was rescheduled to May 5.

Teixeira is facing three to five years' probation before he can ask to have his felony conviction reduced to a misdemeanor.

Whether Teixeira is admitted to practice law in California could on depend on whether a felony remains on his record.

He pleaded guilty last May to killing another person's animal in the October 2012 death of a helmeted guineafowl at the Flamingo hotel-casino.

Two other Berkeley students entered pleas to reduced misdemeanor charges, paid fines and served community service.


Lawyer: Evaluate stabbing suspect's mental health
Topics in Legal News | 2014/04/15 14:18
The attorney for a 16-year-old accused of stabbing 21 other students and a security guard at their high school said Thursday he wants to have a mental health expert evaluate the boy and hopes to have the case moved to juvenile court.

For now, Alex Hribal is charged as an adult with four counts of attempted homicide, 21 counts of aggravated assault and a weapons charge, and is being held without bond in the Westmoreland County juvenile detention center.

In an interview with ABC's "Good Morning America," attorney Patrick Thomassey acknowledged that his client stabbed the victims, and said any defense he offers will likely be based on the boy's psychological state, which he hopes to have an expert evaluate soon.

"I would assume so, yes, depending on what the mental health experts tell me," Thomassey said.

He said that, under Pennsylvania law, he will have to convince a judge that Hribal can be rehabilitated in juvenile court, which would have jurisdiction over him until he's 21. If convicted as an adult, Hribal faces likely decades in prison.

The attorney told several media outlets that Hribal was remorseful, though he acknowledged his client did not appear to appreciate the gravity of his actions. Thomassey said he is still getting to know his client, saying he spoke with Hribal only for about 20 minutes before his arraignment late Wednesday.


Supreme Court to hear class-action dispute
Headline Legal News | 2014/04/08 11:11
The Supreme Court will consider the requirements for transferring class-action lawsuits from state courts to federal courts.

The justices on Monday agreed to hear an appeal from a Michigan energy company that asserts it should be allowed to move a class-action case from Kansas state court to federal court. Federal law allows such transfers in cases involving more than $5 million.

A group of royalty owners sued the Dart Cherokee Basin Operating Co. alleging they were underpaid royalties on oil and gas wells. The plaintiffs did not seek a specific damage amount, but the company claimed it would far exceed $5 million.

Video: Supreme Court Won’t Hear NSA Case Now

A federal judge rejected the transfer request because the company did not offer any evidentiary support. The company says the law does not require detailed evidence.


EU court nixes government bulk data collection
Court Watch | 2014/04/08 11:10
The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.

The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."

The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.

The court says the 2006 legislation represents a "particularly serious interference with fundamental rights."


Court: Private email exempt from open records law
Press Release | 2014/04/03 15:05
A California appeals court has ruled that private text messages, emails and other electronic communications sent and received by public officials on their own devices are not public records regardless of the topic.

The 6th District Court of Appeal in San Jose ruled last week that the state's Public Records Act doesn't extend to officials' private devices.

The California Supreme Court is expected to be asked to step in and settle this long-simmering debate.

State laws do require the communications of elected officials and other officials involving public issues to be retained and turned over upon request.

Since the coming of email, activists and others in the state have been battling at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.

The March 27 ruling reverses a lower court decision in favor of environmental activist Ted Smith, who sought access to messages sent on private devices through private accounts of the San Jose mayor and City Council members

Smith's attorney James McManis said he will ask the state Supreme Court to review the case. If the high court refuses to take it, the appeals court ruling will stand.


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