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California deputy pleads guilty to weapons charge
Court Watch News |
2012/08/29 10:29
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A former Sacramento County sheriff's deputy has pleaded guilty to a federal charge stemming from the illegal sale of dozens of weapons, some of which were used by criminals.
Prosecutors in Sacramento say Thomas Lu and fellow former deputy Ryan McGowan, both of Elk Grove, bought and sold handguns that cannot be legally owned by citizens in California.
Lu, age 42, pleaded guilty Tuesday in federal court to one count of dealing in firearms without a license, which carries a maximum sentence of five years in prison.
He is agreeing to cooperate with investigators as part of a deal that could bring him a lighter sentence.
The deputies are charged with serving as straw buyers who trafficked in restricted handguns. |
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Appeals court affirms oil company polar bear rules
Legal Business |
2012/08/24 14:05
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Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.
A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.
"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.
The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.
The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.
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Court: Texas can cut off Planned Parenthood funds
Headline Court News |
2012/08/22 14:05
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A federal appeals court ruled late Tuesday that Texas can cut off funding for Planned Parenthood clinics that provide health services to low-income women before a trial over a new law that bans state money from going to organizations tied to abortion providers.
The 5th U.S. Circuit Court of Appeals in New Orleans lifted a federal judge's temporary injunction that called for the funding to continue pending an October trial on Planned Parenthood's challenge to the law.
State officials sought to cut off funding to Planned Parenthood clinics that provide family planning and health services to poor women as part of the Texas Women's Health Program after the state's Republican-led Legislature passed a law banning funds to organizations linked to abortion providers. No state money goes to pay for abortions.
The appeal's court decision means Texas is now free to enforce its ban on clinics affiliated with abortion providers. Planned Parenthood provides cancer screenings and other services — but not abortions — to about half of the 130,000 low-income Texas women enrolled in the program, which is designed to provide services to women who might not otherwise qualify for Medicaid.
The ruling is the latest in the ongoing fight over Texas' efforts to halt funding to clinics affiliated with abortion providers. The federal Centers for Medicare and Medicaid Services has said that the new state rule violates federal law. Federal funds paid for 90 percent, or about $35 million, of the $40 million Women's Health Program until the new rule went into effect. Federal officials are now phasing out support for the program.
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Judge won't halt Pa. voter identification law
Headline Court News |
2012/08/17 10:47
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A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.
Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.
"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."
The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.
Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote. |
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Man who killed wife, baby loses appeal in Mass.
Court Watch News |
2012/08/15 10:47
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The highest court in Massachusetts rejected the appeal of a British man convicted of killing his wife and baby daughter in their rented home, saying in its decision released Tuesday that warrantless searches of the home were justified because those inside might have been in danger.
In arguing for a new trial, lawyers for Neil Entwistle said evidence obtained during the warrantless searches of the Hopkinton home while police were looking for the missing family should have been dismissed at trial.
They also argued he was denied a fair trial, claiming that "saturating and inflammatory" media coverage tainted the jury pool and the judge refused to question prospective jurors more deeply about how publicity may have biased them.
The court rejected the arguments, concluding that Entwistle "received a fair trial that was ably tried and judged."
Entwistle was convicted of the 2006 shootings of his wife, Rachel, and their daughter, 9-month-old Lillian. He is serving life in prison without the possibility of parole for their murders. |
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NJ court upholds decal law for young drivers
Lawyer News |
2012/08/10 12:09
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Young drivers in New Jersey will have to continue displaying a red decal on their license plates.
The state Supreme Court upheld "Kyleigh's Law" in a ruling Monday.
In a unanimous opinion, the high court ruled that requiring the decals doesn't violate federal privacy laws or laws against unreasonable search and seizure. An appeals court had ruled similarly last year in a challenge brought by two parents.
The law is named for a New Jersey teenager who was killed in a 2006 crash. It's meant to aid police in enforcing restricted privileges for young drivers.
Opponents say displaying the decals could leave teen drivers vulnerable to predators. But a report last year found only one reported incident in which an underage driver was stopped by someone impersonating a police officer.
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Fed. appeals court denies ex-Ill. governor appeal
Court Watch News |
2012/08/08 12:09
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A federal appellate court in Chicago has denied an appeal filed by imprisoned former Illinois Gov. George Ryan.
The 7th U.S. Circuit Court of Appeals released a 16-page ruling on Monday denying the 78-year-old Republican's appeal.
A ruling in his favor could have led to Ryan's release from an Indiana prison. It was widely seen as his last chance to get out of prison early.
Ryan is nearing the end of a 6 1/2-year sentence. He's due to be released in mid-2013.
The U.S. Supreme Court in April ordered the appeals court to revisit Ryan's arguments to overturn his conviction.
Last year, the lower court rejected arguments that the 2006 convictions should be tossed because prosecutors never proved Ryan took a bribe. |
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