|
|
|
State Supreme Court returns stalking case to lower court
Attorney News |
2018/07/22 23:57
|
The South Dakota Supreme Court says a judge did not adequately explain why a Rapid City woman's Facebook complaints against her neighbor constituted stalking.
The Rapid City Journal reports that a judge in 2016 granted Sarah Thompson's request for a protection order against Wambli Bear Runner over Bear Runner's frequent antagonistic updates against Thompson. The two women had been dating the same man.
One of the posts read, "I'll forever be watching #your enemy unless I get an apology!"
The high court ruled that the circuit court did not show why Bear Runner's comments qualified as stalking. The case has been returned to the lower court.
South Dakota's law against stalking notes harassment can come through verbal, digital, electronic or even telegraphic communication. |
|
|
|
|
|
|
New Jersey court proposes tossing out old open-warrant cases
Attorney News |
2018/07/21 23:57
|
The highest court in New Jersey is taking steps to do away with hundreds of thousands of open warrants for minor offenses such as parking tickets as part of an overhaul of the state's municipal court system.
State Supreme Court Chief Justice Stuart Rabner on Thursday assigned three Superior Court judges to hold hearings on the proposal to dismiss at least 787,764 open warrants for offenses more than 15 years old that were never prosecuted.
"Those old outstanding complaints and open warrants in minor matters raise questions of fairness, the appropriate use of limited public resources by law enforcement and the courts, the ability of the state to prosecute cases successfully in light of how long matters have been pending and the availability of witnesses, and administrative efficiency," Rabner wrote in his order.
NJ.com reported that the order covers open warrants issued before 2003 for failure to appear in low-level cases, including 355,619 parking ticket cases, 348,631 moving violations and some cases related to town ordinance violations.
The open warrant and the underlying unpaid ticket would be dismissed. The order indicates that more serious charges such as speeding and drunken driving would not be included.
Throwing out old low-level cases was among 49 recommendations following a Supreme Court committee's review of the municipal court system. The committee cited a growing "public perception" that municipal courts "operate with a goal to fill the town's coffers," which the panel called contrary to the purpose of the courts. |
|
|
|
|
|
|
Trump finds it 'inconceivable' lawyer would tape a client
Attorney News |
2018/07/19 23:58
|
Donald Trump said Saturday he finds it "inconceivable" that a lawyer would tape a client, as the president weighed in after the disclosure that in the weeks before the 2016 election, his then-personal attorney secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump.
The recording was part of a large collection of documents and electronic records seized by earlier this year by federal authorities from Michael Cohen, the longtime Trump fixer.
In a tweet, Trump called such taping "totally unheard of & perhaps illegal." He also asserted, without elaborating, in post: "The good news is that your favorite President did nothing wrong!"
Cohen had made a practice of recording conversations, unbeknownst to those he was speaking with. Most states, including New York, allow for recordings of conversations with only the consent of one party; other states require all parties to agree to a recording or have mixed laws on the matter. It was not immediately clear where Trump and Cohen were located at the time of the call.
Cohen's recording adds to questions about whether Trump tried to quash damaging stories before the election. Trump's campaign had said it knew nothing about any payment to ex-centerfold Karen McDougal. |
|
|
|
|
|
|
Lawyers: 2014 arrest at Vegas hotel precursor to killings
Attorney News |
2018/07/07 16:43
|
Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.
Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.
Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.
Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.
Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.
|
|
|
|
|
|
|
California high court: Yelp can't be ordered to remove posts
Attorney News |
2018/07/02 17:53
|
Online review site Yelp.com cannot be ordered to remove posts against a San Francisco law firm that a judge determined were defamatory, a divided California Supreme Court ruled Monday in a closely watched case that internet companies warned could be used to silence online speech.
In a 4-3 opinion, justices agreed, saying removal orders such as the one attorney Dawn Hassell obtained against Yelp "could interfere with and undermine the viability of an online platform."
The decision overturned a lower court ruling that Yelp had said could lead to the removal of negative reviews from the popular website.
Hassell said Yelp was exaggerating the stakes of her legal effort. Her attorney, Monique Olivier, said in a statement that the ruling "stands as an invitation to spread falsehoods on the internet without consequence."
She said her client was considering an appeal to the U.S. Supreme Court.
Hassell's 2013 lawsuit accused a client she briefly represented in a personal injury case of defaming her on Yelp by falsely claiming that her firm failed to communicate with the client, among other things.
San Francisco Superior Court Judge Donald Sullivan found the online statements defamatory and ordered the client and Yelp to remove them. Hassell said the client failed to answer her lawsuit or remove the posts, so she had to seek a court order demanding that Yelp do it.
A second judge and a state appeals court upheld Sullivan's order. |
|
|
|
|
|
Legal News RSS Feed
