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Court again says New Jersey can't legalize sports betting
Legal Interview | 2016/08/11 18:22
A federal appeals court on Tuesday dealt another defeat to New Jersey's yearslong attempt to legalize sports betting, setting aside the state's challenge to a federal betting ban.

The 3rd U.S. Circuit Court of Appeals ruling invalidated a law passed by New Jersey in 2014 that would have allowed sports betting at casinos and racetracks. The court found New Jersey's law repealing prohibitions against sports gambling violated the 1992 Professional and Amateur Sports Protection Act, which forbids state-authorized sports gambling.

"Because PASPA, by its terms, prohibits states from authorizing by law sports gambling, and because the 2014 law does exactly that, the 2014 law violates federal law," the court wrote.

Currently, only Nevada offers legal sports betting on individual games. Delaware offers multigame parlay betting in which players must pick several games correctly to win. Both were given exemptions when PASPA was passed.

New Jersey Gov. Chris Christie and supporters in the state Legislature have sought to legalize sports gambling to help prop up the struggling casino and horse racing industries. It's estimated up to hundreds of billions of dollars are bet illegally on sports every year in the U.S.

Monmouth Park, in Oceanport on New Jersey's coast, is the only venue currently set up to offer sports gambling, if it were legalized.

The dispute has a lengthy legal history. New Jersey voters approved legal sports gambling in 2011, but the four major professional sports leagues and the NCAA sued the state the following year. The leagues claimed the expansion of betting to New Jersey would damage the integrity of their games and lead to more game-fixing.

Sports betting supporters have called the leagues' stance hypocritical, saying the leagues condone and profit from sports fantasy leagues in which participants assemble rosters of players from different teams and compete against others.

North Carolina shooting victim's family hires lawyer

The family of a black North Carolina man shot to death in a neighborhood confrontation in Raleigh has hired the lawyer representing two other black men who were killed by white police officers.

State Rep. Justin Bamberg of South Carolina says he is representing relatives of Kouren-Rodney Bernard Thomas.

Thomas was killed Aug. 7 when a white man living two doors down from a neighborhood party called police to complain of "hoodlums" and then fired a shotgun from his garage. Chad Cameron Copley is charged with murder.

Bamberg also is representing the family of Alton Sterling. The Baton Rouge, Louisiana, man was killed last month after he scuffled with two police officers outside a convenience store.

Bamberg also represents the family of Walter Scott, an unarmed South Carolina motorist killed by a North Charleston officer last year. Michael Slager faces state and federal charges.


Lawyer: Clinton already answered every question on email use
Legal Interview | 2016/07/18 12:27
Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.

David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.

If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.

Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.



Appeals court orders Utah to fund Planned Parenthood branch
Legal Interview | 2016/07/08 12:28
The Utah governor’s order to block funding to Planned Parenthood probably was a political move designed to punish the group, a federal appeals court wrote in an ruling that ordered the state to keep the money flowing.

The 10th U.S. Circuit Court of Appeals in Denver decided Tuesday there’s a good chance the governor’s order violated the group’s constitutional rights.

Utah’s Republican Gov. Gary Herbert cut off cash last fall for sexually transmitted disease and sex education programs after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.

The head of the Planned Parenthood Association of Utah hailed the ruling as a victory for the clinic’s patients.

“Our doors are open today and they will be tomorrow — no matter what,” CEO Karrie Galloway said in a statement.

Herbert’s spokesman says the governor believes contract decisions should be made by the state and that he was disappointed in the ruling blocking the defunding order while Planned Parenthood’s lawsuit challenging it goes back to be heard by a lower court.

The state is considering its next legal steps, which could include asking the full 10th Circuit to reconsider the panel’s decision.

Herbert didn’t comment on a finding by two appeals court judges that he likely used the controversy to politically attack the group because it provides abortions. A third judge dissented and questioned whether Planned Parenthood would ultimately prevail.

Lawyers for the Utah branch argued it has never participated in fetal donation programs.



Court denies hospital's bid to perform brain death test
Legal Interview | 2016/07/03 12:28
The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.

The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.



Ole Miss ex-student pleads guilty to tying noose on statue
Legal Interview | 2016/03/24 16:59
A former University of Mississippi student could face up to a year in prison after pleading guilty Thursday to placing a noose on the school's statue of its first black student.

Austin Reed Edenfield waived indictment and pleaded guilty to a misdemeanor charge before U.S. District Judge Michael Mills in Oxford. The charge says Edenfield helped others to intimidate African-American students and employees at the university.

Mills will sentence Edenfield July 21, and he faces up to a year in prison and a $100,000 fine. Prosecutors have recommended probation for Edenfield, who cooperated in the early prosecution of another former student, Graeme Phillip Harris. However, Mills warned Edenfield he might not stick to that agreement.

"The court remains free to impose whatever sentence it deems appropriate," Mills said.

A 21-year-old resident of Kennesaw, Georgia, Edenfield remains free pending sentencing. He declined comment after the hearing.

Edenfield admitted that he tied the noose that ended up around the neck of the Ole Miss statue of James Meredith in February 2014. He, Harris and a third person also draped a former Georgia state flag with a Confederate battle emblem on the statue of Meredith, who integrated Ole Miss in 1962 amid rioting that was suppressed by federal troops.


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