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Ore. appeals court reverses sex abuse conviction
Headline Topics | 2013/08/15 09:55
The Oregon Court of Appeals has overturned the conviction of a man found guilty of sodomy and sex abuse after it ruled a lower court erroneously allowed a previous victim of his to testify.

Prosecutors said the previous conviction was necessary to show Javier Roquez knew what he was doing was a crime. Roquez's defense team said the conviction, from 2006, should have been inadmissible because it wasn't related to the new rape case.

Roquez was accused of raping a woman with whom he was having an affair in May 2010 in the Oregon city of Irrigon. According to the original police report, Roquez and the woman were each married to other people, and their families were friends.

The woman, who lived in Kennewick, Wash., decided to call off the affair, but said Roquez threatened to tell their spouses unless she would have sex with him a last time. During intercourse, the woman said she tried to leave but Roquez refused to let her go, despite her pleas, and said the sex turned violent.

A doctor later examined her and found evidence of sexual assault. Roquez was charged with one count of first-degree rape, one count of first-degree sodomy and two counts of second-degree sexual abuse.



Court hearing expected in RI slayings, abduction
Court Watch News | 2013/08/12 14:05
One of two suspects in a weekend double homicide and child abduction was expected to be arraigned Monday in Massachusetts.

Malcolm Crowell, 22, was to appear on a fugitive-from-justice warrant, according to the clerk's office at Fall River District Court.

Crowell and Daniel Rodriguez, 27 or 28, were arrested Sunday in the two slayings and the abduction of 2-year-old Isaiah Perez, who was later found unharmed after a nationwide Amber Alert was issued.

The bodies were discovered about 5:20 a.m. Sunday at a home in suburban Johnston, a town of 30,000 residents less than 10 miles from Providence. The names of the dead were not immediately released, but Johnston Police Chief Richard S. Tamburini said one of the victims was the child's mother.

The boy was found around 8:15 p.m. in Providence after a police officer there spotted him walking around a housing project by himself.

Deputy Police Chief Daniel Parrillo said it was unclear whether the boy's abductor was living in the home, was a guest or was uninvited.


Arizona high court to hear school funding case
Lawyer News | 2013/07/26 10:16
The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.

The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.

School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.

The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.

The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.


Colo. senators go to court to halt recall efforts
Headline Topics | 2013/07/17 22:45
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.


Adoption case returns to SC from US Supreme Court
Headline Court News | 2013/07/02 09:29
The U.S. Supreme Court is pushing South Carolina courts to quickly take up a custody case that will decide whether a Native American girl's life will be with her biological father in Oklahoma or the South Carolina couple who adopted her.

A divided U.S. Supreme Court ruled Tuesday that federal law doesn't require that the girl named Veronica stay with her biological father, but also doesn't give her adoptive parents immediate custody of the now 3-year-old child.

The high court issued an order Friday speeding up the case being sent back to South Carolina's Supreme Court.

Melanie and Matt Capobianco of James Island had lost in South Carolina courts before the nation's highest court ruled the Indian Child Welfare Act didn't apply because the biological father never had custody of the child and abandoned her before birth.

Dusten Brown, a member of the Cherokee Nation, invoked the federal law to stop the adoption arranged by the girl's non-Indian mother when she was pregnant. The Capobiancos were was present at Veronica's birth in Oklahoma. Brown had never met his daughter and, after the mother rebuffed his marriage proposal, played no role during the pregnancy and paid no child support after Veronica was born.

But when Brown found out Veronica was going to be adopted, he objected and said the law favored the girl living with him and growing up with tribal traditions.

South Carolina courts sent Veronica back to Oklahoma at the end of 2011, even though she had lived with the Capobiancos for the first 27 months of her life.


The Law Offices of David Stein - Maryland Drug Lawyer
Lawyer News | 2013/06/25 10:56
The state of Maryland has strict drug laws which make for complex drug cases. They criminalize use, possession and distribution of controlled and uncontrolled substances all the same. The punishments and fines are harsh and start from a minimum of one year in prison for any small measurable possession of simple narcotics to 25 or more years for distribution and possession of more serious narcotics and substances.

In addition, the Maryland drug laws even criminalize possession or purchase of uncontrolled substances if the person reasonably believes it is a controlled dangerous substance. The statute considers many things such as the packaging, appearance, and the amount in order to infer intent. For these it means you have committed a crime even when the substance turns out to be an uncontrolled (unregulated) substance.

Thus it is recommended to involve a tenacious and aggressive and experienced Maryland drug defense attorney thoroughly familiar with Maryland Drug Statutes to defend your rights and to fight back against the broad based unforgiving Maryland drug charges.


McDonnell Law Office - Motorcycle Accidents
Lawyer News | 2013/06/22 15:15
Motorcycle accidents are very common and can be among some of the deadliest, simply because the driver is unprotected. Many people have started considering the option of riding motorcycles with the rise of gas prices. This form of transportation can save them money in the long haul and is also a fun way to get around. However, the risks for cyclists are high due to the lack of visibility on the road. Many times, automobiles involved in a motorcycle accident tend to blame the driver of the motorcycle due to the common stereotype of recklessness. If you have been injured due to someone else's mistake, you need to contact a personal injury attorney. McDonnell Law can represent you to help file a claim and establish your rights as a citizen.

What to do once you have been involved in a motorcycle accident
It is crucial to understand what actions to take once you have been involved in a motorcycle accident. The first step to take is to sit down with San Diego's motorcycle accident lawyer from McDonnell Law to discuss any questions or concerns you may have. Our free consultation is really here for us to offer our legal advice to anyone who is confused and stressed about the accident. We review over the details and conduct a thorough investigation to determine the liable party for the accident. An accident could also occur at the expense of a defective auto part, in which it is no ones fault. However, there are many cases in which cyclists have been injured due to careless commercial truck or negligent automobile drivers and you deserve every compensation for your physical and emotional suffering.

It is not uncommon for motorcycle accidents to occur when a driver is distracted, loses their focus, or is texting or eating. These accidents should not be taken lightly because a life is at risk and can be changed in an instant whether a drunk driver is behind the wheel or a driver fails to see a motorcycle in their blind spot. Motorcycle injuries are much more serious and traumatic because the severity of injuries can vary on a wide spectrum from injury to the spine, head, neck or brain, sometimes even leading to amputation of the limbs. Your life may never be the same again and it is our goal to get you the compensation you deserve to have a quality life in the future. In a tragic event where you lose a loved one, our job is to defend for the emotional damage a death can bring.

McDonnell Law understands it is not easy going through such hardships and will be there for you every step of the way. The emotional and physical drain that comes along with an accident can last for a long period and we promise to seek justice for you. Our attention to detail and investigation will determine the accountable party and move forward from there. Consult a motorcycle accident attorney in San Diego today to discuss your case at 619 857 9020.


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