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Lawyer seeks dismissal in Ohio HS player rape case
Headline Legal News | 2013/02/25 15:47
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.


Court continues order targeting voter intimidation
Headline Legal News | 2013/01/16 22:35
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.


Lawyer: Guatemala judge orders McAfee released
Headline Legal News | 2012/12/20 00:05
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.


UK murder suspect's extradition case set for 2013
Headline Legal News | 2012/12/03 19:03
A U.K. court will wait until next year to hold the extradition hearing of a Briton accused of hiring a hit man to kill his wife during their honeymoon in South Africa — after his mental state is reviewed.

The lawyer for Shrien Dewani says he has flashbacks and is a "husk" of his former self. Attorney Clare Montgomery said Monday it is unthinkable he would be able to plan any escape.

Dewani's mental condition will be reviewed in April, with a full extradition hearing set for July.

The 32-year-old is accused of arranging the murder of his wife, Anni, 28. She was found shot dead in an abandoned taxi in Cape Town's Gugulethu township in November 2010.

In March, a British court halted Dewani's extradition, citing his mental state.


W.Va. court hears 'rescue' funding arguments
Headline Legal News | 2012/09/05 15:33
Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the state court was told during a hearing Tuesday.

Adam Skaggs, lawyer for the Republican hopeful, argued that legislative and executive branch officeholders are expected to favor agendas and interest groups that helped them win. But judges are supposed to harbor no bias, and West Virginia created the public financing pilot program amid concerns about campaign cash influencing the judiciary, said Skaggs, an official with the nonpartisan Brennan Center for Justice at New York University's law school.

"The state has compelling interests in the context of judicial elections that are absent from any other type of election," Skaggs told the court.

The point is crucial to Loughry's pursuit of "rescue" funds, normally triggered by spending by a traditionally financed candidate or outside group. With two, 12-year terms up on the court this year, Loughry alone among the four Supreme Court candidates has sought and received funding through the pilot program. Provided $350,000 for the general election, Loughry is seeking another $144,500 or so in matching funds.


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