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Appeals court orders Utah to fund Planned Parenthood branch
Legal Interview |
2016/07/08 12:28
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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.
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Court denies hospital's bid to perform brain death test
Legal Interview |
2016/07/03 12:28
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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.
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Ole Miss ex-student pleads guilty to tying noose on statue
Legal Interview |
2016/03/24 16:59
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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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Plagued by delays, California high-speed rail heads back to court
Legal Interview |
2016/02/07 16:19
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California voters embraced the idea of building the nation's first real high-speed rail system, which promised to whisk travelers from San Francisco to Los Angeles in under three hours, a trip that can take six hours or more by car. Eight years after they approved funding for it, construction is years behind schedule and legal, financial and logistical delays plague the $68 billion project.
The bullet train's timeline, funding and speed estimates are back in the spotlight for a longstanding lawsuit filed by residents whose property lies in its path.
In the second phase of a court challenge filed in 2011, attorneys for a group of Central Valley farmers will argue in Sacramento County Superior Court on Thursday that the state can't keep the promises it made to voters in 2008 about the travel times and system cost. Voters authorized selling $9.9 billion in bonds for a project that was supposed to cost $40 billion.
In recent months, rail officials have touted construction of a viaduct in Madera County, the first visible sign of construction. Though officials have been working for years to acquire the thousands of parcels of land required for the project, they currently have just 63 percent of the parcels needed for the first 29 miles in the Central Valley. |
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High court rejects ex-stockbroker's appeal in fraud case
Legal Interview |
2015/11/01 09:37
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The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense.
The justices Monday let stand an appeals court ruling that said prosecutors didn't have to share information about the drug use of a key witness against George Georgiou. The lower court sided with prosecutors who said defense lawyers could have discovered the publicly available records on their own.
Georgiou's lawyers said prosecutors had a duty to disclose the information if they were aware of it. Several former Justice Department officials backed his claim and urged the court to take the case.
Georgiou was convicted on charges of manipulating markets of four stocks, causing $55 million in losses.
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