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California's top court to rule on gay marriage
Breaking Legal News |
2008/05/15 08:40
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Both sides in the gay marriage debate will be watching California's highest court Thursday to see if the nation's biggest state goes the way of Massachusetts and legalizes same-sex marriage. The California Supreme Court was scheduled to rule on a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman. If the court rules in favor of the plaintiffs, California could become the second state after Massachusetts where gay and lesbian residents can marry. "What happens in California, either way, will have a huge impact around the nation. It will set the tone," said Geoffrey Kors, executive director of the gay rights group Equality California. Supporters and opponents of gay marriage predicted a number of possible outcomes from the California court's seven justices, six of whom were appointed by Republican governors. Like the top court in Massachusetts, they could hold that prohibiting same-sex couples from marrying constitutes unlawful discrimination and order state lawmakers to remedy the situation. |
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Appeals court to consider slur in Jayson Williams case
Breaking Legal News |
2008/05/14 07:04
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The manslaughter case against former New Jersey Nets star Jayson Williams returns to court. Attorneys for Williams are scheduled to argue in front of a three-judge panel on Wednesday that prosecutors must divulge all details about a racial slur used by an investigator in the case. The dispute over the slur postponed Williams' retrial for reckless manslaughter, which was to have begun in January. The 40-year-old Williams was convicted in 2004 of trying to cover up the shooting death of hired driver Costas Christofi two years earlier. The jury acquitted him of aggravated manslaughter but deadlocked on the reckless manslaughter count. Williams has been free on bail since the shooting. |
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Court lets prosecutor remain on 'Alpha Dog' case
Breaking Legal News |
2008/05/13 09:09
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California's highest court ruled that a prosecutor who helped in the making of "Alpha Dog" may remain on the death penalty case on which the film is based. In a similar ruling Monday, the court also reinstated a prosecutor who was taken off a rape case after she published a crime novel about a similar case. In the "Alpha Dog" case, an appeals court had removed Santa Barbara County Deputy District Attorney Ron Zonen after he turned over probation reports, police files and other sensitive materials to director Nick Cassavetes. "Alpha Dog," a fictionalized account of the killing of a Southern California teen starring Bruce Willis, Sharon Stone and Justin Timberlake, was released last year. Prosecutors accuse Jesse James Hollywood of masterminding a plot to kidnap and murder 15-year-old Nicholas Markowitz in 2000 because the teenager's older half brother owed Hollywood a $1,200 drug debt. Four people have already been convicted in the case, including triggerman Ryan Hoyt, who was sentenced to death. Zonen said in court documents he aided Cassavetes with "Alpha Dog" to help publicize the hunt for Hollywood, who was captured in 2005 in Brazil after spending nearly five years on the lam. |
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Court won't block US lawsuit by apartheid victims
Breaking Legal News |
2008/05/12 08:32
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The Supreme Court said Monday that it can't intervene in an important dispute over the rights of apartheid victims to sue U.S. corporations in U.S. courts because four of the nine justices had to sit out the case over apparent conflicts. The result is that a lawsuit accusing some prominent companies of violating international law by assisting South Africa's former apartheid government will go forward. The court's hands were tied by federal laws that require at least six justices to hear any case before them. Short of the required number by one, the court took the only path available to it and upheld an appeals court ruling allowing the suit to proceed. The justices have ties to Bank of America, Bristol-Myers Squibb, Colgate-Palmolive, Credit Suisse, Exxon Mobil, Hewlett-Packard, IBM and Nestle, among nearly three dozen companies that asked the high court to step in. |
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Invoking history, Bush wants court out of subpoena fight
Breaking Legal News |
2008/05/10 08:36
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If there's one thing Congress and the Bush administration can agree on, it's that they've got a fight of historic proportions on their hands. The House Judiciary Committee is demanding documents and testimony from President Bush's closest advisers about the firing of federal prosecutors. When the White House refused, the Democrat-led committee went to court. Lawyers called the president's actions the most expansive view of presidential authority since Watergate. Late Friday night, the Bush administration responded with court documents of its own, similarly steeped in history. Lawyers called the lawsuit unprecedented. Citing George Washington and Grover Cleveland, Richard Nixon and Bill Clinton, they said these types of clashes get resolved without going to court. "For over two hundred years, when disputes have arisen between the political branches concerning the testimony of executive branch witnesses before Congress, or the production of executive branch documents to Congress, the branches have engaged in negotiation and compromise," Justice Department lawyers wrote. The idea the Congress can't order the president or his advisers to do something is a principle known as executive privilege. That privilege isn't spelled out in the Constitution and courts are rarely asked to decide exactly what it means. And when they have been asked, judges have tried to avoid getting too specific. "Never in American history has a federal court ordered an executive branch official to testify before Congress," lawyers for the White House wrote. That makes for a murky area of law and the Bush administration is urging U.S. District Judge John D. Bates not to tidy it up. The ambiguity fosters compromise, political solutions and the kind of give and take that the Founding Father envisioned, attorneys said. Clearing it up "would forever alter the accommodation process that has served the Nation so well for over two centuries," attorneys wrote. Congress wants to know whether the Bush administration fired several U.S. attorney for political reasons. That controversy contributed to Attorney General Alberto Gonzales resigning last year. The Judiciary Committee subpoenaed former White House counsel Harriet Miers to testify and demanded documents from President Bush's chief of staff, Josh Bolten. |
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High court says gay partners can't get health benefits
Breaking Legal News |
2008/05/08 08:58
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A same-sex marriage ban prevents governments and universities in Michigan from providing health insurance to the partners of gay workers, the state Supreme Court ruled Wednesday. The 5-2 decision affects up to 20 universities, community colleges, school districts and governments in Michigan with policies covering at least 375 gay couples. Gay rights advocates said the ruling was devastating but were confident that public-sector employers have successfully rewritten or will revise their benefit plans so same-sex partners can keep getting health care. The ban, a constitutional amendment approved in November 2004, says the union between a man and woman is the only agreement recognized as a marriage "or similar union for any purpose." The court ruled that while marriages and domestic partnerships aren't identical, they are similar because they're the only relationships in Michigan defined in terms of gender and lack of a close blood connection. |
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Court refuses to block execution in Ga.
Breaking Legal News |
2008/05/07 02:55
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The Supreme Court has refused to block the execution of a prisoner in Georgia, clearing the last obstacle to the resumption of capital punishment in the U.S. after a 7-month pause. William Earl Lynd was scheduled to die Tuesday evening. He would be the first person to be executed since the court ruled last month that lethal injection is constitutional. No one has been put to death since September, when the justices agreed to rule on a challenge to lethal injection procedures in Kentucky, similar to practices in roughly three dozen states. The justices did not comment on their action Tuesday. Lynd was convicted of kidnapping and killing his live-in girlfriend nearly 20 years ago. |
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