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Suspect in U Penn student's murder due in California court
Breaking Legal News |
2018/02/01 22:35
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A Southern California man charged in the killing of a University of Pennsylvania student is due in court Friday.
Authorities say Samuel Woodward, 20, of Newport Beach killed 19-year-old sophomore Blaze Bernstein and buried his body in a shallow grave at a neighborhood park not far from the Bernstein family's home in Lake Forest.
Bernstein, who grew up in Orange County and was visiting his family on winter break, was missing for a week after going out with Woodward the night of Jan. 2, according to authorities. Authorities searched for him with help from drone pilots and found his body at the park after rain partially exposed it.
Woodward is charged with murder and an enhancement for use of a knife. He is being held without bail. Bernstein was gay and Jewish and authorities are investigating the possibility of a hate crime.
Authorities say the two men both attended the Orange County School of the Arts but they did not know if they were friends at the time.
According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.
At college, Bernstein was studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil for Bernstein and his funeral.
If convicted of the charge and enhancement, Woodward could face as much as 26 years to life in prison.
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Officials ask court to send Kennedy cousin back to prison
Breaking Legal News |
2018/01/30 09:35
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Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.
The chief state's attorney's office filed the request Monday with the state Supreme Court.
Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.
He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.
Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.
In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.
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Supreme Court to hear sales tax collection case
Breaking Legal News |
2018/01/16 22:49
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The Supreme Court agreed Friday to wade into the issue of sales tax collection on internet purchases in a case that could force consumers to pay more for certain purchases and allow states to recoup what they say is billions in lost revenue annually.
Under previous Supreme Court rulings, when internet retailers don't have a physical presence in a state, they can't be forced to collect sales tax on sales into that state. Consumers who purchase from out-of-state retailers are generally supposed to pay the state taxes themselves, but few do. A total of 36 states and the District of Columbia had asked the high court to revisit the issue.
Large brick-and-mortar retailers like Walmart and Target have long bemoaned the fact that they have to collect sales tax on online purchases because they have physical stores nationwide. Meanwhile, smaller online retailers, who don't have vast networks of stores, don't have to collect the tax where they don't have a physical presence.
Internet giant Amazon.com fought for years against collecting sales tax but now does so nationwide, though third-party sellers on its site make their own decisions. But the case before the Supreme Court does directly affect other online retailers, including Overstock.com, home goods company Wayfair and electronics retailer Newegg, who are part of the case the court accepted.
States say the court's previous rulings have also hurt them. According to one estimate cited by the states in a brief they filed with the high court, they'll lose out on nearly $34 billion in 2018 if the Supreme Court's previous rulings stand. The Government Accountability Office, which provides nonpartisan reports to Congress, wrote in a report last year that state and local governments would have been able to gain between $8.5 billion and $13 billion in 2017 if they could require out-of-state sellers to collect tax on sales into the state. All but five states charge a sales tax. |
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Jailed Catalan separatists pledge to eschew unilateral moves
Breaking Legal News |
2018/01/10 22:50
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Three backers of Catalonia's independence sought Thursday to get released from jail for their role in the region's push to break from Spain, which triggered the country's worst political crisis in decades.
Former Catalan interior minister, Joaquim Forn, Jordi Sanchez, a member of pro-independence civic group National Catalan Assembly, and Catalan activist Jordi Cuixart made their cases to a Spain Supreme Court judge. A ruling from Judge Pablo LLarena is not expected Thursday.
Forn was one of several regional ministers jailed on provisional charges of rebellion after the regional parliament unilaterally — and unsuccessfully — declared Catalonia an independent republic Oct. 27.
The action prompted the Spanish government in Madrid to remove the region's government from office, dissolve the parliament and call a fresh election that was held last month.
Sanchez and Forn were elected on separatist party tickets, but the Spanish government still is running Catalonia.
Sanchez and Cuixart had been jailed earlier on provisional sedition charges related to preparations for an Oct. 1 independence referendum, which Spain's Constitutional Court had suspended.
All three supporters of Catalan independence told the judge they would oppose further unilateral moves to secede and act in accordance with Spanish law, according to lawyers familiar with the proceedings.
The lawyers requested anonymity because they weren't authorized to discuss what was said during the closed-door hearings.
The lawyers said Sanchez acknowledged that the Oct. 1 referendum was not legally valid. Forn, who as interior minister oversaw Catalonia's security and its regional police, said he would not accept the post again, if he were asked to.
Developments surrounding Catalonia have gripped Spain for months, and the tumult is showing no sign of letting up before the new parliament's first session on Wednesday.
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Indiana Supreme Court considers eavesdropping case
Breaking Legal News |
2017/12/26 02:19
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The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.
Last month, the Supreme Court suspended Neary's law license for four years.
Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .
Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.
Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.
Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."
The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
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Supreme Court declines gay rights work discrimination case
Breaking Legal News |
2017/12/09 09:42
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The Supreme Court is leaving in place a lower court ruling that a federal employment discrimination law doesn't protect a person against discrimination based on their sexual orientation.
The court on Monday declined to take up the question of whether a law that bars workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation.
President Barack Obama's Equal Employment Opportunity Commission took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation. Federal appeals courts are split on the issue. That means the issue is likely to come to the court again.
The case the Supreme Court declined to take involved Jameka Evans, a gay woman who worked as a hospital security officer in Georgia. Lower courts said she couldn't use Title VII to sue for discrimination.
The Supreme Court didn't explain why it was declining to hear the case. But the hospital where Evans worked, Georgia Regional Hospital, told the court there were technical legal problems with the case.
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Court reverses itself and restores woman's murder conviction
Breaking Legal News |
2017/12/05 09:41
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Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.
The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.
Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.
The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.
The opinion Monday does not say why the high court chose to revisit the case. |
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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, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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