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Illegal immigrant in Fla. fights for law license
Headline Court News | 2012/10/06 16:03
A Florida man's bid to become the first illegal immigrant to obtain a law license in the United States met skepticism Tuesday from most of the state's Supreme Court justices.

Jose Godinez-Samperio came to the U.S. with his parents on visitors' visas when he was 9 years old, but the family never returned to Mexico. He graduated from New College in Florida, earned a law degree from Florida State University and passed the state bar exam last year.

"He's somebody who has done everything he's supposed to do. He complied with every rule," Godinez-Samperio's attorney and former American Bar Association president Talbot "Sandy" D'Alemberte, said after the hearing.

Godinez-Samperio's case is one of a few across the country. Illegal immigrants in New York and California also want to practice law there.

The Board of Bar Examiners in Florida found no reason to deny the 25-year-old Godinez-Samperio a license but asked the state's high court for guidance, said the board's lawyer, Robert Blythe.



Ex-NFL WR Hurd pleads not guilty to new charges
Lawyer News | 2012/10/04 16:03
Former NFL receiver Sam Hurd pleaded not guilty Wednesday to a new indictment accusing him of trying to obtain cocaine and marijuana while he was out on bond awaiting trial on charges of trying to start a drug ring in the Chicago area.

The indictment filed last month is based on allegations that Hurd asked a cousin, Jesse Tyrone Chavful, to buy drugs. Chavful signed a guilty plea agreement Monday to one count of conspiracy to possess five or more kilograms of cocaine — documents in which Chavful said Hurd contacted him at his T-shirt shop in San Antonio and asked to "get him cocaine and marijuana."

According to the documents, Chavful said he set up a deal to purchase the drugs but was arrested.

Hurd's attorney, Jay Ethington, has said Chavful is lying, but Chavful's attorney, Laura Harper, said her client simply wanted to come clean.

Hurd entered his plea in federal court in Dallas, appearing in an orange jail uniform and standing next to Ethington. He's been in custody since August after failing two drug tests and the Chavful allegations surfaced.


High court uphold WV congressional districts
Legal Business | 2012/09/29 11:00
The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.

The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.

The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.

"It is clear that West Virginia has carried its burden," the high court said.

The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.

The lower court still can consider challenges to the plan under the state Constitution.

Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.

The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another.


High court to consider drunken driving case
Court Watch News | 2012/09/27 11:00
The Supreme Court will decide when law enforcement officers must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The issue has divided federal and state courts around the country and the justices on Tuesday agreed to take up a case involving a disputed blood test from Missouri.

In siding with the defendant in the case, the Missouri Supreme Court said police need a warrant to take a suspect's blood except in special circumstances when a delay could threaten a life or destroy potential evidence.

Other courts have ruled that dissipation of alcohol in the blood is reason enough for police to call for a blood test without first getting a warrant.

The Missouri case was one of six new cases accepted for argument in front of the Supreme Court. The new term begins Monday and the cases probably will be argued in January.

The American Civil Liberties Union, representing Tyler McNeely, said the arresting officer made no effort to obtain a warrant and didn't think he needed one, not that he feared a delay would lower the level of alcohol in McNeely's blood. The ACLU said the case was not a good one for resolving complex issues of science and law.


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