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NC high court sidesteps decision on tracking sex offenders
Court Watch |
2019/01/31 03:04
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The North Carolina Supreme Court is brushing aside a rapist's appeal that he shouldn't be forced into a lifetime of electronic monitoring after serving his 41-year prison sentence.
The state's highest court on Friday let stand without comment that 50-year-old Darren Gentle must submit to GPS monitoring after his release, projected for 2048. Gentile was convicted in Randolph County in 2016 of violently raping a 25-year-old pregnant woman with whom he'd been taking drugs.
The court is still considering a separate case on whether forcing sex offenders to be perpetually tracked by GPS-linked devices is justified or is unreasonable search and violates the Constitution. The pending decision in Torrey Grady's case comes after the U.S. Supreme Court ruled that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
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Appeals court reopens case involving payment to law firm
Legal News |
2019/01/27 03:06
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An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.
A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.
"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.
"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.
The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."
The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.
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Congress to Probe Report that Trump Directed Lawyer to Lie
Court Watch |
2019/01/21 23:59
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The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.
House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”
The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.
The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia. |
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Lawyer: Incapacitated woman who gave birth not in coma
Attorney News |
2019/01/20 08:03
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A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper. |
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Congo court poised to rule on presidential vote challenge
Law Firm Topics |
2019/01/17 08:18
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Congo's constitutional court is poised to rule on a challenge to the presidential election, with the government on Friday dismissing an unprecedented request by the African Union continental body to delay releasing the final results because of "serious doubts" about the vote.
Upholding the official results could spark new violence in a country hoping for its first peaceful, democratic transfer of power since independence in 1960. At least 34 people have been killed since provisional results were released on Jan. 10, the United Nations said.
The AU on Monday will send a high-level delegation to Congo to address the crisis in the vast Central African nation rich in the minerals key to smartphones and electric cars around the world. Its neighbors are concerned that unrest could spill across borders.
Congo government spokesman Lambert Mende called the matter one for the country's judicial bodies, and "the independence of our judiciary is no problem."
The declared runner-up in the Dec. 30 election, Martin Fayulu, has requested a recount, alleging fraud. He asserts that Congo's electoral commission published provisional results wildly different from those obtained at polling stations.
Fayulu welcomed the AU's stance and urged Congolese to support it.
Congo faces the extraordinary accusation of an election allegedly rigged in favor of the opposition. Fayulu's supporters have asserted that outgoing President Joseph Kabila made a backroom deal with the declared winner, Felix Tshisekedi, when the ruling party's candidate did poorly. |
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