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Court: Silence can be used against suspects
Court Line |
2014/08/18 21:02
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The California Supreme Court has ruled that the silence of suspects can be used against them.
Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.
Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.
Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.
Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination. |
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Court rules against group over ad slamming Horne
Legal News |
2014/08/11 17:58
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An Arizona appeals court has ruled against a political group that spent about $1.5 million during the state's 2010 attorney general race on a TV commercial that was critical of Republican candidate Tom Horne.
A three-judge panel of the Arizona Court of Appeals on Thursday reversed a lower-court judge who concluded the commercial by Committee for Justice and Fairness was issue-oriented, rather than advocating for Horne's defeat.
The group claimed its ad confronted issues of child safety, but the appeals court rejected that argument, saying the only purpose for running the TV spot just weeks before Horne's general-election showdown with Democrat Felecia Rotellini was to advocate for Horne's defeat.
"In this case, reasonable minds could not differ as to whether CJR's advertisement encouraged a vote against Horne," the appeals court wrote.The appeals court said the group, which is funded primarily by the Democratic Attorneys General Association, should have registered as a political committee and filed campaign finance reports.Horne's 2014 campaign had no immediate comment on the ruling.
Thomas Irvine, an attorney for the committee, said it's unknown whether the group will appeal the decision. |
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Court rulings add urgency to state exchange decisions
Attorney News |
2014/08/11 17:57
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As states ready their health insurance exchanges for a second open enrollment season in November, many have more to worry about than the computer glitches that plagued them last year.
Last month’s federal appeals court ruling that said language in the Affordable Care Act allows only state-run exchanges to give consumers tax credits to help pay for policy premiums is spurring several states to solidify their state-based credentials.“Until now, it was inconsequential what you were called,” said Larry Levitt, vice president at the Kaiser Family Foundation.
“All of a sudden, it may matter.”Only the District of Columbia and 14 states — California, Colorado, Connecticut, Hawaii, Kentucky, Maryland, Massachusetts, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont and Washington — have established state exchanges and are on firm legal ground, according the decision,
Halbig v. Burwell.Consumers in the remaining 36 states that use the federal exchange ultimately could be blocked from future premium subsidies if the U.S. Supreme Court sides with Obamacare opponents.
At stake is discounted insurance coverage for more than 7 million people and access to federal subsidies amounting to $36 billion in 2016, according to a study by the Urban Institute. |
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Texas Supreme Court: Parade Crash Trial in Midland
Attorney News |
2014/08/05 22:25
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The Texas Supreme Court has ruled a negligence lawsuit stemming from the fatal collision of a train with a veterans' parade float in Midland in 2012 should be heard in Midland County.
The Midland Reporter-Telegram reports the state's highest civil court on Friday rejected a case that veterans and family members filed in Dallas. The railroad, Union Pacific, and the float provider, Smith Industries, wanted a trial in Midland because that's where the crash occurred.
Four people were killed and 13 others hurt in the 2012 crash. A federal investigating panel blamed the city and parade organizers for the accident.
Two pretrial hearings are set for Midland in September. The trial itself is set for January.
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Italy court reopens probe into death of Pantani
Court Watch |
2014/08/05 22:24
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Italian prosecutors have reopened an investigation into the death of cyclist Marco Pantani after his family presented evidence contending the former Tour de France winner was murdered.
Pantani, who won both the Giro d'Italia and Tour de France in 1998, was found dead in a Rimini hotel room on Feb. 14, 2004. A coroner ruled the 34-year-old Italian died from a cocaine overdose.
The cyclist's mother, Tonina Pantani, has always claimed her son was murdered, alleging that he was forced to drink a lethal dose of cocaine dissolved in liquid.
"It's an important day, but with a bittersweet taste," Tonina said. "On one side I'm glad, after many years, finally I'm not shouting into the wind anymore. But inside me there's also anger, anger and more anger.
"Why did it take all this time? Why were several things not in their place in 2004 and nobody did anything to give me answers? I'm tired."
Rimini's chief prosecutor, Paolo Giovagnoli, confirmed Pantani's file has been reopened but said it is an "obligatory move" in such matters. He has handed the case to a colleague, Elisa Milocco, who will study the dossier of evidence presented by Pantani's family before returning from holiday in September. |
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