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Indian court rejects ban on 'offensive' Internet messages
Court Watch News |
2015/03/27 16:35
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India's top court affirmed people's right to free speech in cyberspace Tuesday by striking down a provision that had called for imprisoning people who send "offensive" messages by computer or cellphone. The provision, known as Section 66A of the 2008 Information Technology Act, had made sending such messages a crime punishable by up to three years in prison. In its ruling, the Supreme Court said the provision was "clearly vague" in not clarifying what should be construed as offensive. It also said the provision violates people's freedom of speech and their right to share information. "The public's right to know is directly affected," the judges said in deeming the provision unconstitutional. A law student who filed the challenge in 2012, Shreya Singhal, applauded the court's rejection of a provision she said was "grossly offensive to our rights, our freedom of speech and expression." "Today the Supreme Court has upheld that, they have supported our rights," Singhal said. "I am ecstatic." The law has been invoked in at least 10 recent cases, most often involving criticism of political leaders. In 2012, a chemistry professor and his neighbor in Kolkata were arrested for forwarding a cartoon that made fun of West Bengal's top elected official, Mamata Banerjee. |
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New Jersey, leagues renew court tussle over sports gambling
Lawyer News |
2015/03/20 13:13
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The fight over legalized sports gambling in New Jersey returned to a federal appeals court Tuesday, where attorneys for the state and the country's major sports leagues spent nearly an hour parsing language in a decades-old federal statute and in recent court rulings.
At issue: Whether a 2014 New Jersey law repealing prohibitions against sports gambling violates the 1992 federal Professional and Amateur Sports Protection Act, which says states cannot "sponsor, operate, advertise, promote, license or authorize" sports betting.
A good portion of Tuesday's oral arguments before the 3rd U.S. Circuit Court of Appeals focused on the meaning of the word "authorize," and whether New Jersey did that when Gov. Chris Christie signed the law striking the betting prohibitions.
Attorneys from both sides endured sharp questioning from the court, which heard a previous incarnation of the case in 2013. In the ruling that followed that argument, the court said New Jersey couldn't be prevented from repealing its sports gambling laws. The state seized on that language to write its 2014 law.
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Mexican Supreme Court orders release of man in 1992 murders
Industry News |
2015/03/20 13:13
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Mexico's Supreme Court on Wednesday ordered the release of a Mexican-American jailed on a homicide conviction since 1992, ruling he had been tortured.
The court's ruling applied to the long-disputed conviction of Alfonso Martin del Campo Dodd in the murder of his sister and brother-in-law. It has been one of Mexico's longest and hardest-fought legal cases.
Lawyers for the dead couple's now-grown daughters criticized Wednesday's ruling, saying it was a blow to victims' rights.
"This is an offense to the victims," said Samuel Gonzalez, a former top anti-drug prosecutor who has helped defend victims' rights. "The victims did not get justice."
The court said police tortured Martin Del Campo Dodd into confessing to the killings, citing administrative proceedings filed against one officer two years after Campo Dodd was arrested. The court said he should be freed "in light of the proof that torture was used to obtain his confession in the two crimes, without there being any other incriminatory evidence."
The Mexican government fought for years to keep Martin Del Campo Dodd in prison despite pressure from abroad to release him. He holds U.S. and Mexican citizenship.
The couple were stabbed to death in their Mexico City home. Martin del Campo Dodd was at the home and said two masked assailants kidnapped him and stuffed him into the trunk of a car, which they later abandoned.
He signed a confession to the killings, but later claimed he did it under torture. He was sentenced to 50 years behind bars for the murder. |
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Personal Injury Attorney John Q. Kelly
Headline Court News |
2015/03/11 15:15
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JOHN Q. KELLY, referred to “…as the most sought after wrongful death lawyer in the land”, has an unsurpassed track record in high stakes, high profile wrongful death and personal injury litigation.
Subsequent to his landmark verdict as lead attorney for the Estate of Nicole Brown Simpson in its wrongful death action against O.J. Simpson, Mr. Kelly continues to successfully handle matters that receive national and international coverage, and has a reputation as a meticulous, no-nonsense litigator, schooled in the nuances of physical, forensic and circumstantial evidence, battle-tested in the courtroom on countless occasions, and seasoned by 30 years of deftly interacting with the media.
Mr. Kelly has appeared as both a featured guest and/or legal commentator frequently on all major network and cable news shows (NBC, ABC, CBS, CNN, Fox News) and been profiled/referenced in a multitude of publications, including Time Magazine, Newsweek Magazine, People Magazine, Worth Magazine, Greenwich Magazine, New York Magazine, New York Times, New York Post and New York Daily News.
Mr. Kelly is admitted to the New York State Bar and the Southern and Eastern Districts of the United States District Court and has argued appeals in the Second and Third Circuits of the U.S. Court of Appeals and New York State Appellate Division, 1st and 2nd Departments. He has handled matters in Connecticut, New York, Illinois, Arizona, California, Texas, Colorado, Pennsylvania, Florida, Puerto Rico, Aruba and Australia. Mr. Kelly divides his time between his office in New York City and in Greenwich, CT. |
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Missouri appeals judge appointed to take over Ferguson court
Network News |
2015/03/11 15:15
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A Missouri appeals court judge was appointed Monday to take over Ferguson's municipal court and make "needed reforms" after a highly critical U.S. Department of Justice report that was prompted by the fatal police shooting of Michael Brown.
The Missouri Supreme Court said it is assigning state appeals Judge Roy L. Richter to hear all of Ferguson's pending and future municipal court cases. The high court said Richter also will have the authority to overhaul court policies to ensure defendants' rights are respected and to "restore the integrity of the system."
Ferguson Municipal Judge Ronald J. Brockmeyer resigned Monday, saying through a spokesman that he was stepping down to promote public confidence in the court and help Ferguson "begin its healing process."
The Ferguson City Council met in closed session Monday evening, but members left without taking questions and a city spokesman didn't disclose the purpose of the meeting. Ferguson City Manager John Shaw was escorted to his vehicle by a police officer without fielding questions, and Mayor James Knowles III declined comment to The Associated Press afterward except to say that the city on Tuesday would begin seeking Brockmeyer's permanent successor.
Richter will take charge of the court on March 16. The Supreme Court said it also is assigning staff from the state court administrator's office to aid Richter in reviewing Ferguson's municipal court practices. |
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Justices pepper health care law opponents with questions
Lawyer News |
2015/03/05 14:08
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Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation.
Justice Anthony Kennedy, whose vote is seen as pivotal, suggested that the plaintiffs' argument raises a "serious" constitutional problem affecting the relationship between states and the federal government.
The plaintiffs argue that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums.
Millions of people could be affected by the court's decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits only to people who live in states that created their own health insurance marketplaces?
During oral arguments, the courts' liberal justices also expressed doubts. In an earlier case involving the law, however, Kennedy was on the opposite side, voting to strike down a key requirement.
A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department's healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage. |
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'Suge' Knight taken to hospital after court hearing
Lawyer News |
2015/03/05 13:56
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Former rap mogul Marion "Suge" Knight told a judge that he is suffering from blindness and other health complications moments before he was taken to a hospital Monday morning.
Knight told Los Angeles Superior Court Judge James Brandlin that he had fired attorneys handling his murder case and was receiving inadequate medical treatment while in custody.
The Death Row Records co-founder said he was blind in one eye and had only about 15 percent vision in his other eye during a brief court appearance on Monday. Knight said he was having difficulty comprehending the proceedings and told the judge he had been shot six times last year and had a blood clot in his lungs and other complications. He also said he had lost 35 pounds as a result of his injuries.
Brandlin transferred Knight's case to another judge, and he was taken for medical care before his case could be called in Judge Ronald Coen's courtroom. Coen said before calling the case that Knight had been taken to a hospital, but he did not elaborate.
Knight has pleaded not guilty to murder, attempted murder and hit-and-run charges after he struck two men with his truck, killing one, on Jan. 29. He remains held without bail. |
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