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OJ bid for new trial starting in Las Vegas court
Headline Legal News |
2013/05/13 23:46
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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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NY top court OKs tax on online sellers like Amazon
Headline Legal News |
2013/04/02 12:31
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New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.
The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.
Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.
New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance. |
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Lawyer seeks dismissal in Ohio HS player rape case
Headline Legal News |
2013/02/25 15:47
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On the eve of their trial, the attorney for one of two Ohio high school football players charged with raping a girl after an alcohol-fueled party said Tuesday that moving forward with the case is "patently unfair and un-American" because important witnesses haven't been compelled to testify.
The attorney for Ma'Lik Richmond filed a motion Monday saying that further prosecution of Richmond violates his due process and equal protection rights and asks the judge or state to dismiss the case.
"You have case where it's clear — clear — that basic, fundamental, constitutional guarantees are not available to this child, my client, to put on a defense," Walter Madison told The Associated Press. "As such, it is patently unfair and un-American to continue knowing that that is not available."
Richmond, 16, and Trent Mays, 17, are scheduled to go on trial Wednesday in Jefferson County juvenile court in Steubenville on charges they attacked a 16-year-old West Virginia girl last August. Their attorneys have denied the charges.
But the attorneys for both teens said their clients will be denied a fair trial because of the availability of crucial witnesses. A West Virginia judge's ruled last week that three juvenile witnesses there could not be compelled to testify in the Ohio case.
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Court continues order targeting voter intimidation
Headline Legal News |
2013/01/16 22:35
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The Supreme Court has turned down an effort by the Republican National Committee to end a 30-year-old court order aimed at preventing intimidation of minority voters.
The justices did not comment Monday in rejecting an appeal of lower court decisions that left the order in place at least until 2017.
The order stems from a lawsuit filed by Democrats in New Jersey in 1981 that objected to a "ballot security" program the RNC ran in minority neighborhoods.
Republicans said the order hampers efforts to combat voter fraud, but U.S. District Judge Dickinson Debevoise said voter intimidation remains a threat and preventing it outweighs the potential danger of fraud.
The court action is unrelated to legal challenges to Republican-inspired voter identification laws in the 2012 campaign. |
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Lawyer: Guatemala judge orders McAfee released
Headline Legal News |
2012/12/20 00:05
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A lawyer for John McAfee said Tuesday that a judge has ordered the software company founder released from a Guatemalan detention center where he has been fighting being returned to Belize.
Attorney Telesforo Guerra said the judge notified him verbally of the ruling, but added that it might take a day for formal written notification to win McAfee's release, possibly as soon as Wednesday.
Judge Judith Secaida did not immediately return phone calls seeking to confirm the ruling.
Guerra said Secaida ruled that McAfee's detention was illegal, ordered him released, and gave him 10 days to put his immigration situation in order. It was not immediately clear if McAfee could get some kind of temporary or transit visa to allow him to leave Guatemala.
McAfee has said he wants to return to the United States with his 20-year-old Belizean girlfriend. Guerra said that would be his client's best option.
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