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SC Supreme Court hears appeal in fatal dog attack
Class Action |
2014/04/17 13:31
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Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.
The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.
The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.
The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions.
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Court Rejects Holocaust-Denying Bishop's Appeal
Legal Spotlight |
2014/04/15 12:13
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A German court has rejected an ultraconservative British bishop's appeal against his conviction and fine for denying the Holocaust in a television interview.
The state court in Nuremberg said Friday it found no legal errors in a January 2013 decision by judges in nearby Regensburg to convict Richard Williamson of incitement and fine him 1,800 euros ($2,500).
It was Williamson's second appeal against the ruling and follows a lengthy legal saga — an earlier conviction was overturned on procedural grounds.
Williamson told a Swedish TV station in during a 2008 interview conducted near Regensburg that he didn't believe Jews were killed in gas chambers during World War II. Holocaust denial is a crime in Germany.
A traditionalist breakaway Catholic group, the Society of St. Pius X, expelled Williamson in 2012. |
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Lawyer: Evaluate stabbing suspect's mental health
Breaking Legal News |
2014/04/15 12:12
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The attorney for a 16-year-old accused of stabbing 21 other students and a security guard at their high school said Thursday he wants to have a mental health expert evaluate the boy and hopes to have the case moved to juvenile court.
For now, Alex Hribal is charged as an adult with four counts of attempted homicide, 21 counts of aggravated assault and a weapons charge, and is being held without bond in the Westmoreland County juvenile detention center.
In an interview with ABC's "Good Morning America," attorney Patrick Thomassey acknowledged that his client stabbed the victims, and said any defense he offers will likely be based on the boy's psychological state, which he hopes to have an expert evaluate soon.
"I would assume so, yes, depending on what the mental health experts tell me," Thomassey said.
He said that, under Pennsylvania law, he will have to convince a judge that Hribal can be rehabilitated in juvenile court, which would have jurisdiction over him until he's 21. If convicted as an adult, Hribal faces likely decades in prison.
The attorney told several media outlets that Hribal was remorseful, though he acknowledged his client did not appear to appreciate the gravity of his actions. Thomassey said he is still getting to know his client, saying he spoke with Hribal only for about 20 minutes before his arraignment late Wednesday. |
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Court rejects early appeal of surveillance ruling
Elite Lawyers |
2014/04/08 08:35
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The Supreme Court has declined an early look at a constitutional challenge to the National Security Agency's bulk collection of millions of Americans' telephone records.
Conservative lawyer Larry Klayman persuaded a federal judge in December to rule that the agency's activities likely violate the Constitution's ban on unreasonable searches. The justices on Monday rejected Klayman's unusual request to bypass the traditional appeals process and hear the case immediately.
Klayman says the case is too important to wait for the U.S. Court of Appeals for the D.C. Circuit to reach a decision. The district court judge granted an injunction against the NSA, but put it on hold pending a government appeal.
The Obama administration has defended the NSA program as a crucial tool against terrorism. |
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EU court nixes government bulk data collection
Class Action |
2014/04/08 08:34
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The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.
The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."
The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.
The court says the 2006 legislation represents a "particularly serious interference with fundamental rights." |
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U.S. Supreme Court voids overall contribution limits
Law Firm News |
2014/04/03 13:15
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The Supreme Court struck down limits today in federal law on the overall campaign contributions the biggest individual donors may make to candidates, political parties and political action committees.
The justices said in a 5-4 vote that Americans have a right to give the legal maximum to candidates for Congress and president, as well as to parties and PACs, without worrying that they will violate the law when they bump up against a limit on all contributions, set at $123,200 for 2013 and 2014. That includes a separate $48,600 cap on contributions to candidates.
But their decision does not undermine limits on individual contributions to candidates for president or Congress, now $2,600 an election.
Chief Justice John Roberts announced the decision, which split the court's liberal and conservative justices. Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.
The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.
Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits. |
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DiRusso & DiRusso, Attorneys At Law.
Elite Lawyers |
2014/04/03 13:14
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Surry County Criminal Defense Lawyers
At DiRusso and DiRusso, we are familiar with the local economy, the local employers, and the local court officials. Another advantage to hiring local counsel is availability. In larger cities, and in larger firms, the attorneys may not always be available and much of the interaction a client has may be with support staff, such as paralegals and legal assistants. At DiRusso and DiRusso, the attorneys are in regular contact with the clients, available by telephone, and regularly available for appointments.
At DiRusso & DiRusso, we have the legal knowledge and experience to protect you, no matter who or what is on the other side. We also have the compassion to know that you may be experiencing something very unpleasant and we are available to listen to you and seek solutions along the way. We are dedicated to our clients and show no allegiance to any other entity. We not only counsel our clients on the current law, we provide statutes, rules, cases, and codes so that one may read the current law and have a deeper understanding of the relative law.
If you want to speak with a lawyer about your case, please call us today. There is never a fee for your initial consultation at DiRusso & DiRusso for Workers’ Compensation, Personal Injury or Social Security Disability cases. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet. |
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