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Appeals court to take up San Francisco jail suit
Headline Topics | 2013/12/02 12:30
A federal appeals court is set to take up a lawsuit over a former San Francisco sheriff's decision to remove male deputies from female housing units at the county's jail.

San Francisco Sheriff Michael Hennessey made the decision in 2006 in response to inmate complaints of sexual misconduct. More than two dozen male and female deputies have since sued, saying it is discriminatory.

The San Francisco Chronicle reports (http://bit.ly/1adufFe) that a three-judge panel of the 9th U.S. Circuit Court of Appeals is scheduled to consider the case next Wednesday.

Attorneys for the deputies say not one sexual misconduct claim made by a female inmate against a male deputy was sustained in the 16 years before the sheriff' policy change.

City attorneys dispute that, saying three deputies resigned and two others were suspended.


Republicans block nominee to key appeals court
Headline Topics | 2013/11/22 09:31
Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.

Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.

The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.

The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees.


High court wrestles with prayer in government
Headline Topics | 2013/11/08 14:20
The Supreme Court wrestled Wednesday with the appropriate role for religion in government in a case involving mainly Christian prayers at the start of a New York town's council meetings.

The justices began their day with the marshal's customary plea that "God save the United States and this honorable court." They then plunged into a lively give-and-take that highlighted the sensitive nature of offering religious invocations in public proceedings that don't appeal to everyone and governments' efforts to police the practice.

The court is weighing a federal appeals court ruling that said the Rochester suburb of Greece, N.Y., violated the Constitution because nearly every prayer in an 11-year span was overtly Christian.

The tenor of the argument indicated the justices would not agree with the appellate ruling. But it was not clear what decision they might come to instead.

Justice Elena Kagan summed up the difficult task before the court when she noted that "every time the court gets involved in things like this, it seems to make the problem worse rather than better."

The justices tried out several approaches to the issue, including one suggested by the two Greece residents who sued over the prayers to eliminate explicit references to any religion.


Washington, DC Criminal Defense Lawyer
Headline Topics | 2013/11/03 12:46
Criminal defense should not be taken lightly and getting an attorney with experience is crucial so you are able to achieve your goals in each situation. Mr. Ney has represented  criminal defendants in felony cases in both trial and appellate courts. 

With extensive experience in litigating criminal appeals, he know what it takes to obtain the best possible outcome in the courts.  He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.

Brad has represented criminal defendants in felony cases in both trial and appellate courts.  Brad has extensive experience litigating criminal appeals on behalf of the Maryland Public Defenders’ Office.  He has also represented clients in felony and potential felony cases in state and federal trial courts and investigations.

The Law Office of W. Bradley Ney
601 Pennsylvania Avenue, NW
Suite 900
Washington, DC 20004


Ride operator appears in court on NC fair injuries
Headline Topics | 2013/10/29 11:38
A carnival ride operator facing assault charges over injuries from a ride at the North Carolina State Fair made his first appearance in court Monday, with a prosecutor saying there are still unanswered questions about what happened.

Timothy Dwayne Tutterrow, 46, of Quitman, Ga., faces three counts of assault with a deadly weapon, inflicting serious injury. Each count is punishable by up to eight years in prison.

Wake County District Court Judge Keith O. Gregory declined a request during the brief hearing to lower Tutterrow's $225,000 bond. The defendant, dressed in an orange and white striped jumpsuit, was taken back to jail in handcuffs.

Wake Sheriff Donnie Harrison said investigators determined the ride had been intentionally tampered with to bypass critical safety devices, though authorities have provided no details of the evidence against Tutterrow.

The "Vortex" jolted into motion Thursday evening as people were exiting, dropping riders from heights eyewitnesses estimated at up to 30 feet.

Three people remained hospitalized on Monday with serious injuries, including a 14-year-old. Two others were treated and released.


NY court upholds conviction of California financer
Headline Topics | 2013/10/23 11:14
A New York appeals court has upheld the conviction of a California finance researcher who used code words like "recipes," "cooks" and "sugar" to disguise an insider trading scheme.

The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday rejected various arguments made by Winifred Jiau.

She was convicted in June 2011 of wire fraud and conspiracy to commit securities fraud.

The Fremont, Calif., resident is serving a four-year prison sentence. She is scheduled to be released in June.

The appeals court rejected her request for a new trial. She had argued that the government was wrong to use as evidence recordings that were made because a worker could not hear well.


Chile top court confirms block on Barrick mine
Headline Topics | 2013/09/30 13:37
Chile's Supreme Court confirmed on Wednesday the suspension of Barrick Gold Corp.'s Pascua-Lama gold mine straddling the border with Argentina, but the court stopped short of ordering a re-evaluation of the environmental permit for the $8.5 billion project high in the Andes.

An indigenous community living below the mine had asked the Supreme Court to revoke Barrick's license and require the world's largest gold-mining company to prepare a new environmental impact study.

The Diaguita Indians, who accuse Barrick of contaminating their water downstream, earlier won an appellate ruling that ordered a freeze on construction of the project until the Toronto-based company builds infrastructure to prevent water pollution.

But they wanted to go further and had appealed that ruling from the court in the northern city of Copiapo in hopes of forcing Barrick to apply for a new permit that takes into account their anthropological and cultural claims to the watershed below the mine.

On Wednesday, the Supreme Court ruled the measures issued by the Copiapo Court "are sufficient to protect the constitutional guarantees that have been denounced as violated." The court also ordered "a suspension of the Pascua-Lama mining project" until environmental commitments and all works to protect the water systems are adopted.


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