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Bill Cosby's day of reckoning arrives in court
Headline News | 2018/09/28 10:20
The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."

Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.

The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.

The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.

Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.

Constand said she now lives alone with her two dogs and has trouble trusting people.

"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.


Court suspends law license for SC prosecutor facing charges
Law Firm Business | 2018/09/27 10:19
defendants to pay for personal trips to Europe and the Galapagos Islands.

The court issued that order Monday for 5th Circuit Solicitor Dan Johnson, whose jurisdiction includes Richland and Kershaw counties, along with the state's capital city of Columbia.

Johnson was suspended from office last week following his indictment on more than two dozen federal charges including wire fraud and theft of government funds. His communications director, Nicole Holland, faces the same 26 charges.

State and federal authorities have been investigating the travel and spending habits of Johnson, who logged more than 70 days of travel over a period of less than two years. Trips to locations including Amsterdam, Colombia and the Galapagos Islands were reflected in credit card bills and receipts released by a nonprofit that obtained them through open-records laws.

The money, prosecutors said, was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases. Johnson recently lost a primary bid for a third term and hasn't responded to messages about charges against him. Previously, he has declined to answer specific questions about his travels but has said he didn't intend for public money to be used for personal expenses.


Stand-ins to decide who sits on West Virginia Supreme Court
Legal News | 2018/09/26 06:00
A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.

Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.

Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.

Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.

Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.

Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.

According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling.


Supreme Court upholds hospital 'charity care' tax exemption
Legal News | 2018/09/23 22:57
The Illinois Supreme Court has upheld a 2012 law that sought to clarify property tax exemptions for charitable hospitals.

The court voted 7-0 in an opinion issued Thursday. It ruled on a law that allows issuing tax exemptions to hospitals when the value of the "charity care" or "free or discounted services" they provide exceed its estimated tax liability.

Constance Oswald argued in her lawsuit that the law requires issuing an exemption regardless of whether the constitutional requirements are met. The court found that the language of the law merely allows allowing an exemption in warranted cases.

Illinois Health and Hospital Association spokesman Danny Chun says the law has cleared up previous confusion and ensured financially stretched hospitals can serve their communities.


Trump picks combat over caution in court fight
Legal Interview | 2018/09/23 05:58
White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.

But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.

Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.

Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.


Idaho high court considers defamation lawsuit
Top Legal News | 2018/09/21 05:58
The Idaho Supreme Court heard arguments Friday in a case that could determine whether individuals have the right to sue if they think a journalist implied — but didn't outright say — something defamatory.

The issue arose in a lawsuit brought last year by former teacher James Verity against USA Today and television stations in Idaho and Oregon after they reported on the results of a national investigation into teacher licensing. The investigation found that teachers who had a license revoked in one state were often able to move to another state to be licensed there.

Verity lost his Oregon teaching license after he was disciplined for having inappropriate sexual contact with an 18-year-old student. He was later was granted an Idaho teaching license.

Verity says the news coverage wrongly implied that he was danger to female students, that he misled Idaho officials and that he committed a crime by having sex with a student. The news organizations say their reporting was accurate.


Missouri court lets redistricting initiative go to voters
Attorneys News | 2018/09/19 09:59
could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.




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