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Appeals court takes on NSA surveillance case
Top Legal News | 2014/11/04 23:38
A conservative gadfly lawyer who has made a career of skewering Democratic administrations is taking his battle against the National Security Agency's telephone surveillance program to a federal appeals court.

Activist attorney Larry Klayman won the first round in December, when U.S. District Judge Richard Leon, a Republican appointee, ruled that the NSA's surveillance program likely runs afoul of the Constitution's ban on unreasonable searches. The government appealed.

In court filings in preparation for Tuesday's argument, the Justice Department told three Republican-nominated appeals judges that collecting the phone data is of overriding and compelling importance to the nation's security.

Former NSA systems analyst Edward Snowden revealed the phone data collection effort a year and a half ago, triggering a debate over privacy rights and surveillance.

In New York, the U.S. Court of Appeals for the 2nd Circuit recently heard arguments in an appeal of a judge's opinion that found the surveillance program legal.

The three appeals judges in the Washington case have generally come down on the government's side on national security issues.


Website asks high court to throw out lawsuit
Top Legal News | 2014/10/22 21:59
A lawyer told the Washington Supreme Court on Tuesday that a lawsuit filed by three young girls who were sold as prostitutes on a website should be thrown out because the website didn't write the ads, so it's not liable.

But the victims' lawyer said the website, Backpage, doesn't have immunity under the federal Communications Decency Act because the website markets itself as a place to sell "escort services" and provides pimps with instructions on how to write an ad that works, making them a participant in the largest human-trafficking website in the U.S.

The justices plan to rule on the case at a later date.

Before the hearing several dozen people stood in the rain on the court steps with signs that read: "People's bodies are not commodities," ''End Child Slavery" and "Stop Buying Our Girls."

"No one has the right to sell a kid for sex," said Jo Lembo, with Shared Hope International. "That's why we're here. Someone has to speak up for them. They're kids."

A similar case was filed last week in federal court in Boston, but a previous case in Missouri was dismissed, said Yiota Souras, a lawyer with the National Center for Missing & Exploited Children. "The Washington state case has gone further than any previous case," she said.


Court: Silence can be used against suspects
Top Legal News | 2014/08/19 21:57

The California Supreme Court has ruled that the silence of suspects can be used against them.

Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.

Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.

Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.

Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination.


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Top Legal News | 2014/05/30 23:11
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Attorney Reid is a sharp negotiator with a confident courtroom presence. She communicates with and helps her clients understand each step of the process. If you're considering divorce or have just been served a divorce complaint, consult the law offices of Tenecia P. Reid for a confident assessment of your situation and the best possible outcome.


Orange County man guilty of wife's murder-for-hire
Top Legal News | 2014/04/21 21:52
An Orange County man accused of hiring hit men to murder his wife so he could avoid a costly divorce has been convicted of murder.

A district attorney's statement Friday says 61-year-old Magdi Girgis (MOG'-dee GURR-ghiss) of Westminster has been found guilty in the 2004 killing.

A few days before her death, 55-year-old Ariet (AHR'-ee-et) Girgis had testified in a domestic violence case against her husband, saying her marriage was "miserable." He was convicted on domestic violence charges after her death.

Two suspects allegedly entered the victim's home in Sept. 2004 and murdered her with a sharp object.

Prosecutors say the killer and a middleman involved in the contract slaying remain at large.

A third person, Anthony Edward Bridget, was arrested last year and faces charges including conspiracy and murder.


Court rejects early appeal of surveillance ruling
Top Legal News | 2014/04/08 19:08
The Supreme Court has declined an early look at a constitutional challenge to the National Security Agency's bulk collection of millions of Americans' telephone records.

Conservative lawyer Larry Klayman persuaded a federal judge in December to rule that the agency's activities likely violate the Constitution's ban on unreasonable searches. The justices on Monday rejected Klayman's unusual request to bypass the traditional appeals process and hear the case immediately.

Klayman says the case is too important to wait for the U.S. Court of Appeals for the D.C. Circuit to reach a decision. The district court judge granted an injunction against the NSA, but put it on hold pending a government appeal.

The Obama administration has defended the NSA program as a crucial tool against terrorism.


Court rejects new cases on birth control coverage
Top Legal News | 2014/03/31 23:27
The Supreme Court has turned away an early look at a challenge by religiously affiliated not-for-profit groups to the new health care law's provision on birth control coverage.

Lawsuits filed by the Roman Catholic Archdiocese of Washington and others are making their way through the courts. The justices on Monday declined to weigh in on them before any federal appeals court has reached a final decision.

The Obama administration has devised a compromise to the law's requirement that contraception be included in health plans' preventive services for women. The compromise attempts to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. Their insurers or the health plan's outside administrator would pay for birth control coverage and creates a way to reimburse them.


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