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Once-exonerated Conn. man ordered back to prison
Legal Business |
2011/08/09 09:25
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A month after the Connecticut Supreme Court reinstated murder convictions against two men who had been exonerated, a judge on Monday ordered one of them back to prison but allowed the other to remain free while fighting cancer.
George Gould was sent back to prison while Ronald Taylor, whose lawyer says he has terminal colon cancer, was allowed to remain out on bail. Both men await a new appeal trial connected to their murder convictions in the 1993 fatal shooting of New Haven grocery shop owner Eugenio Deleon Vega.
Gould and Taylor were both sentenced to 80 years in prison for the killing. They filed habeas corpus appeals, challenges to imprisonment that typically come after other appeals fail.
They were freed in April 2010 after 16 years behind bars when Superior Court Judge Stanley Fuger ruled they were victims of "manifest injustice" and declared them "actually innocent." Fuger's ruling came after a key prosecution witness recanted her trial testimony. He ordered both men released.
Prosecutors appealed to the state Supreme Court, which issued a unanimous decision last month saying that Fuger was wrong to overturn the convictions because Gould and Taylor hadn't proven their innocence. The high court ordered a new habeas corpus trial for the two men.
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Court rules firing of NJ casino dealer unlawful
Legal Business |
2011/08/08 09:26
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A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing.
Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by attending a pro-union rally on a day he took time off to care for his daughter.
Justiniano had been active in casino unionizing efforts.
A judge upheld the firing, but the National Labor Relations Board disagreed and said it was unlawful.
Friday's ruling by the U.S. Court of Appeals in Washington, D.C., agreed with the NLRB. It noted that Justiniano attended the rally for 20 minutes. It also said Bally's policy on family leave didn't justify the firing.
A message was left seeking comment from an attorney representing Bally's.
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Calif. court hears appeal on gay juror dismissals
Legal Business |
2011/08/05 09:13
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A federal appeals case pending in California could determine if trial lawyers should be barred from dismissing potential jurors because they are gay.
The U.S. 9th Circuit Court of Appeals heard arguments Thursday in Pasadena that challenge a Los Angeles prosecutor's decision to strike a lesbian from the jury in an assault case against a gay federal inmate.
The Los Angeles Times reports a favorable ruling could extend constitutional discrimination protections to homosexuality, along with race, creed and gender.
Inmate Daniel Osazuwa says he hugged a guard who was homophobic and he overreacted. The guard fell and Osazuwa landed on him.
A public defender argues the trial judge erred in dismissing a lesbian from the jury, but a prosecutor says she was let go for another legitimate reason.
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Court tosses Wisconsin limit on PAC donations
Legal Business |
2011/08/02 08:44
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A federal appeals court ruling could lead to even more spending in Wisconsin's recall elections.
A 7th U.S. Circuit Court of Appeals panel ruled Monday that the state's $10,000 annual contribution limit on so-called "super PACs," or political action committees that do not coordinate with specific candidates or their campaigns, can't be enforced while a lawsuit from one of the groups is pending.
The lawsuit was brought by Wisconsin Right to Life's political action committee, and the group's attorney said it will immediately begin soliciting big-dollar donations to spend in the recalls targeting six Republicans and two Democrats.
"They will raise money in excess of the limits," said Right to Life attorney James Bopp, Jr.
To date, Wisconsin Right to Life's PAC reported spending only $325 on telephone calls in support of Republican Sen. Randy Hopper and against his Democratic challenger, Jessica King.
The appeals court said the donation limit can be exceeded while the underlying lawsuit is pending. Wisconsin Right to Life argues that the limits are an unconstitutional restriction on free speech.
Oral arguments were tentatively planned for September, after both the Aug. 9 elections targeting six Republican state senators and elections a week later involving two Democratic incumbents.
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Oklahoma Supreme Court sets hearing in bribery case
Legal Business |
2011/08/01 09:02
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The Oklahoma Supreme Court has agreed to hear a former state senator's request to dismiss a bribery charge against her and scheduled oral arguments for September.
Former Sen. Debbe Leftwich, D-Oklahoma City, faces bribery charges along with Rep. Randy Terrill, R-Moore. Prosecutors say Terrill offered Leftwich an $80,000-a-year job at the state Medical Examiner's Office in exchange for Leftwich not running for re-election and clearing the way for Republican Rep. Mike Christian of Oklahoma City to run. Christian has not been charged a crime and is expected to be a witness.
Leftwich's attorney, Robert McCampbell, filed a motion to dismiss the charge that maintains Leftwich is exempt from prosecution for alleged wrongdoing in the performance of her professional duties under the speech and debate clause of the Oklahoma Constitution.
The court scheduled oral arguments from her defense, Oklahoma County District Attorney David Prater and attorneys for the Oklahoma Senate for Sept. 13, according to an entry posted Thursday on the Supreme Court's website. The entry also says Leftwich's case is on hold until the court makes a decision.
The Senate's attorneys also will have a chance to express lawmakers' concerns about language in a recent Court of Criminal Appeals decision denying Leftwich's motion to dismiss, the entry said.
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