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California deputy pleads guilty to weapons charge
Court Center | 2012/08/29 18:29
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.


Appeals court affirms oil company polar bear rules
Attorneys News | 2012/08/24 21:59
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.


Wash. man due in court in alleged Obama threat
Court Center | 2012/08/22 21:58
A Washington state man accused of making an email threat against President Barack Obama and brandishing a shotgun at officers who came to his door is scheduled to appear in federal court.

Secret Service spokesman Brian Leary says 31-year-old Anton Caluori was arrested Tuesday at an apartment in Federal Way for investigation of making threats against the president and assault on a federal officer.

U.S. attorney's spokeswoman Emily Langlie says the threat was sent to a general purpose FBI email address.

A Secret Service agent and a Federal Way police officer went to an apartment, knocked and announced themselves for about three minutes, then found themselves facing a man armed with a shotgun when the door opened.

Leary says Caluori is set to appear at 2 p.m. Wednesday in court.


NC regulators hire law firm to probe Duke Energy
Legal Watch | 2012/08/17 18:12
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.

The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.

State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.

A Duke Energy spokesman said the company was cooperating with regulators in their investigation.

The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September.


Judge won't halt Pa. voter identification law
Top Legal News | 2012/08/15 18:12
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.


NJ court upholds decal law for young drivers
Top Legal News | 2012/08/10 19:50
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.


Ga. court ruling could tighten foreclosure rules
Court Center | 2012/08/08 19:50
A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.

The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.

The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.

Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.


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