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Opera singer, husband appear in court on sex assault charge
Lawyer News |
2019/02/11 01:53
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A renowned Michigan opera singer and his husband have appeared in a Texas court to face charges of sexually assaulting another man in 2010.
University of Michigan professor and countertenor David Daniels and William Scott Walters each made an initial appearance in a Harris County court Monday and were released on $15,000 bonds. A Harris County District Attorney spokesman says they were ordered to surrender their passports.
Daniels and Walters were arrested in Ann Arbor, Michigan, last month on warrants arising from the criminal complaint of Samuel Schultz. He told The Associated Press the couple drugged and assaulted him when he was living in Houston as a 23-year-old graduate student.
Lawyer Matt Hennessy says his clients are innocent and looking forward to a court hearing on Schultz's "false claims." |
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Court upholds order to unseal records in brazen lynching
Lawyer News |
2019/02/10 01:54
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A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp.
A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings.
Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river.
Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone.
Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened. |
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Supreme Court will hear Wisconsin drunk driving case
Lawyer News |
2019/01/11 11:22
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The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws. |
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Court: Man put clothes, ID on stand-in corpse in $2M scheme
Lawyer News |
2018/12/01 09:47
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A Minnesota man accused of faking his own death seven years ago to collect a $2 million life insurance policy arranged for a stand-in corpse to be dressed in his clothes in Moldova, according to a judge’s detention order.
Igor Vorotinov, 54, also planted his identification on the body before placing the corpse along a road in the Eastern European country, a U.S. judge said in rejecting Vorotinov’s request to be freed pending trial.
U.S. Magistrate Judge Katherine M. Menendez ruled Wednesday that Vorotinov posed too great a flight risk. In her ruling, Menendez said Vorotinov showed “substantial resourcefulness and cunning.”
Vorotinov was indicted in 2015 on one count of mail fraud. He was arrested this month and returned to the U.S.
Prosecutors allege in court documents that Vorotinov took out the life insurance policy in spring 2010 and designated then-wife Irina Vorotinov as the primary beneficiary. The couple divorced later that year.
In 2011, Irina Vorotinov, 51, identified a corpse in Moldova as her husband’s, prosecutors allege. She then returned to the U.S. with a death certificate and cremated remains and received the life insurance payment. Money was then transferred to her son, and to accounts in Switzerland and Moldova.
She has pleaded guilty to her role and is serving a three-year sentence. Alkon Vorotinov, 28, pleaded guilty to one count and was sentenced to probation.
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Russian court challenges International Olympic Committee
Lawyer News |
2018/11/22 11:04
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Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said.
CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure.
"The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned."
The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him.
Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS.
Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back.
"The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP.
"The fact that the CAS award is considered as 'not applicable in Russia' by the Moscow court may have local consequences but does not constitute a threat for the CAS jurisdiction globally."
The IOC's case against Zubkov was based on testimony from Moscow and Sochi anti-doping laboratory director Grigory Rodchenkov, who said he swapped clean samples for ones from doped athletes, and forensic evidence that the allegedly fake sample stored in Zubkov's name contained more salt than could be possible in urine from a healthy human.
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Impeachment focus back on W.Va. court after justice resigns
Lawyer News |
2018/11/17 12:59
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Now that an impeached and suspended West Virginia Supreme Court justice has resigned, lawmakers are turning their attention to a panel of justices that had cut off pending impeachment trials.
After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.
The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.
Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."
Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached.
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Supreme Court agrees to hear Maryland cross memorial case
Lawyer News |
2018/11/04 22:25
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The Supreme Court agreed Friday to hear a case about whether a nearly 100-year-old, cross-shaped war memorial located on a Maryland highway median violates the Constitution's required separation of church and state, a case that could impact hundreds of similar monuments nationwide.
A federal appeals court in Virginia had previously ruled against the approximately four-story-tall cross. The judges said that it "has the primary effect of endorsing religion and excessively entangles the government in religion."
But the Maryland officials who maintain the memorial told the Supreme Court that the monument's context and history show it is intended to convey a secular message of remembrance, not a religious message. They said the appeals court's decision would "compel the removal or dismemberment of a cherished war memorial that has served as a site of solemn commemoration and civic unity for nearly a century." In urging the high court to take the case, officials argued that the lower court's decision puts at risk hundreds of other monuments nationwide.
The approximately 40-foot-tall cross at the center of the case is located in Bladensburg, Maryland, about 5 miles from the Supreme Court. Sometimes called the "Peace Cross," it was completed in 1925, and it honors 49 men from the surrounding county who died in World War I. A plaque on the cross' base lists the names of those soldiers, and both faces of the cross have a circle with the symbol of the American Legion, the veterans organization that helped raise money to build it.
Today, responsibility for the cross falls to a Maryland parks commission that took over ownership and maintenance of it in 1961 because of traffic safety concerns. The massive concrete structure could be dangerous to motorists if it were to fall or crumble. |
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