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Ohio man jailed because daughter didn't earn GED
Court Watch |
2008/05/13 09:11
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A man ordered by a judge to make sure his daughter hit the books has found himself in jail because she failed to earn a high school equivalency diploma. Brian Gegner, of Fairfield, was sentenced last week to 180 days in jail for contributing to the unruliness or delinquency of a minor. He was ordered months ago to make sure his 18-year-old daughter Brittany Gegner, who has a history of truancy, received her GED — something that hasn't happened yet. Brittany Gegner, who said Monday that she plans to take a required GED test this month, said her father shouldn't be blamed for her failure because she has been living with her mother. "It was my wrongdoing, not his," said Brittany Gegner, whose fiance and 18-month-old daughter also live at her mother's home in nearby Hamilton. "He shouldn't have to go to jail for something I did." Her mother agrees. "Brittany is almost 19 years old now and I think it's unfair to put her father in jail," said Shana Roach. "She's an adult now, and it's not right to rip an innocent man from his home." Butler County Juvenile Court administrator Rob Clevenger Jr. said Monday that the court still has jurisdiction in the case because Brittany Gegner was a juvenile when the truancy problems began and when the charge against Brian Gegner was filed in 2007. A hearing on a motion filed by Brian Gegner's attorney to reconsider the sentence is scheduled for Friday. Messages seeking comment were not returned Monday at the offices of defense attorney Tamara Sack and the Butler County prosecutor. Brian Gegner's wife, Stephanie Gegner, said she and her husband are afraid he will lose his job if he remains in jail. She said they tried to keep his daughter in school. "You'd take her to school and she'd go out the other door," Stephanie Gegner said. |
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Appeals court rejects coach's appeal in bean case
Court Watch |
2008/05/13 08:08
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The Pennsylvania Superior Court has rejected the appeal of a former youth baseball coach convicted of offering a player $25 to bean a 9-year-old autistic teammate. The court didn't consider arguments on behalf of 31-year-old Mark Downs Jr. of Dunbar, saying his attorney missed a filing deadline by two weeks. Downs has been sentenced to one-to-six years in prison, but has remained free on bond pending appeal. Downs was convicted of corruption of minors and simple assault for offering an 8-year-old player money to hit a mildly autistic teammate with a ball during warmups before a June 2005 playoff game. Prosecutors say Downs wanted the autistic boy to be hurt and unable to play in the game. |
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Court rules that magistrate may preside
Court Watch |
2008/05/12 08:33
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The Supreme Court ruled Monday that a federal magistrate may preside over jury selection in criminal cases, as long as the attorney for a defendant explicitly permits it. The 8-1 decision came in a drug-trafficking case from Laredo, Texas, where a lawyer for defendant Homero Gonzalez allowed a magistrate to oversee the questioning of prospective jurors. On appeal, Gonzalez argued that the court should have obtained his consent before a magistrate presided. In the majority opinion, Justice Anthony Kennedy said federal law allows the practice and that "this is not a case where the magistrate judge is asked to preside or make determinations after the trial has commenced." Justice Clarence Thomas dissented, saying, "Whatever their virtues, magistrate judges are no substitute" for U.S. District Court judges. U.S. District judges are appointed by the president, confirmed by the Senate, have life tenure and their salaries cannot be reduced. Magistrates, appointed by U.S. District judges, have no such protection. A Mexican citizen, Gonzalez does not speak fluent English and did not have an interpreter at the bench conference where his attorney consented to designating the magistrate for the task. Ordinarily, U.S. District Court judges participate in selecting juries for criminal and civil trials, a process known as voir dire. Lawyers regard voir dire as one of the most important parts of a case because it often uncovers biases, leading to excluding members of the group of citizens from which a jury is selected. There are more than 500 federal magistrate judges, who serve eight-year terms and are recommended by a citizen's merit screening committee. The magistrate setup was begun by Congress in 1968, expanding on a system that is 175 years old. Faced with increasing caseloads, the federal judiciary assigns an array of duties to magistrates. Those include initial proceedings in criminal cases, presiding over some minor criminal trials and trials of civil cases with the consent of both sides. |
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Driver found guilty in crash that killed 5 in Ohio
Court Watch |
2008/05/12 03:37
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A man has been found guilty in a wrong-way crash in Toledo, Ohio that killed a mother and four children. Police say Michael Gagnon was driving drunk and in the wrong direction Dec. 30 when his pickup truck hit a minivan filled with eight people returning from a Christmas trip. Police say Gagnon's blood-alcohol level was more than twice the legal limit. Gagnon has pleaded no contest. He was found guilty Friday of aggravated vehicular homicide and aggravated vehicular assault and faces up to 50 years in prison. |
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LA judge rules in favor of Notorious B.I.G.'s family
Court Watch |
2008/05/09 03:14
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A judge has reinstated a wrongful-death lawsuit brought by the family of slain rapper Notorious B.I.G., reversing an earlier decision to dismiss the case. U.S. District Judge Florence-Marie Cooper threw out the lawsuit March 21 after determining the family missed a state deadline for bringing a claim against the city and two former police officers. The lawsuit was originally filed in Los Angeles Superior Court, then moved to federal court. The family appealed, and the judge reversed her decision after finding federal claims in the case can proceed, according to court papers obtained Thursday. Cooper gave the family 20 days to file a new lawsuit and drop the state claims. B.I.G., whose real name was Christopher Wallace, was gunned down March 9, 1997, while leaving a party at a Los Angeles museum. The 24-year-old performer's killing remains unsolved. Two wrongful death lawsuits were filed against the city on behalf of the rapper's widow, mother and two children. The first lawsuit, filed in 2002, alleges wrongful death and civil rights violations. It ended in a mistrial in 2005. The case remains active, with the judge allowing the family to amend the lawsuit because of newly discovered evidence. Cooper's recent ruling involved the secondary lawsuit, which contends that rogue police officers conspired to kill Wallace and that the Police Department covered up their involvement. |
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Man convicted of stalking actress Uma Thurman
Court Watch |
2008/05/08 05:59
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The former mental patient convicted yesterday of stalking actress Uma Thurman was ordered by a judge to be kept in jail for a month to undergo psychiatric examination before he is sentenced. Jack Jordan, 37, of Maryland, showed no emotion as a jury in Manhattan State Supreme Court convicted him just before noon of stalking and aggravated harassment - both misdemeanors - for actions over a two-year period driven by his obsessive love for the "Pulp Fiction" star. The panel of six men and six women, which had deliberated for about five hours since Monday, acquitted him of two other charges of aggravated harassment. Assistant District Attorney Jessica Taub asked Judge Gregory Carro to immediately put Jordan in a Manhattan jail next to the courthouse pending his sentence, a move vehemently opposed by defense attorney George Vomvolakis.
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Gay ex-N.J. gov's divorce trial promises sordid details
Court Watch |
2008/05/06 03:55
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New Jersey's former first couple is finally about to become unhitched, and it figures to be especially messy. Jim and Dina Matos McGreevey's divorce trial, which starts Tuesday, means the end of their 3 1/2-year separation that has lasted nearly as long as their marriage. The trial will feature the usual squabbles — the ex-governor wants equal custody of their 6-year-old daughter, and alimony and child support are at issue as well. But the proceedings figure to be particularly salacious because of the question everybody has asked at least once: Did she know he was gay? Matos McGreevey, 41, claims she was duped into marriage by a closeted gay man who needed the cover of a wife to advance his political career. McGreevey says he gave her a child and the coattails she rode to the governor's mansion, thus fulfilling the marriage contract. Matos McGreevey seeks $600,000 as compensation for the time she would have lived at the governor's mansion in Princeton had her soon-to-be-ex not resigned in disgrace. Perks enjoyed by a sitting governor's spouse include household servants, access to a state police helicopter and a state-owned beach house. The gay former governor and his estranged wife will sit at adjacent legal tables, fewer than 5 feet apart, in the Union County Courthouse in Elizabeth as their high-priced lawyers lay bare the pair's sex lives and finances. Only issues concerning custody of their kindergartner are expected to be decided away from the glare of tabloid reporters and Court TV. |
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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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