|
|
|
Court: Tenn. Must Recognize 3 Same-Sex Marriages
Top Legal News |
2014/03/17 21:45
|
A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.
U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.
In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.
"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."
A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.
"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."
In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006. |
|
|
|
|
|
|
Toal seeking millions to safeguard SC court info
Top Legal News |
2014/03/14 22:12
|
The head of South Carolina's judicial system says she needs more money to safeguard digital information for courts around the state.
Chief Justice Jean Toal told a Senate panel Wednesday that it would take about $5.5 million to set up a site at Clemson University that could serve as a backup for digital court records now stored in Columbia.
Toal says she also needs about $500,000 to train staff on data security measures.
The House budget approved Wednesday doesn't include that money. But Toal says the state's courts would be crippled if the information were wiped out and not backed up.
Toal is also asking for the money to fund new circuit court and family court judges, as well as staff attorneys for both appellate courts. |
|
|
|
|
|
|
Court: Broad protection for whistleblowers
Top Legal News |
2014/03/05 22:52
|
The Supreme Court says whistleblower protections in a federal law passed in response to the Enron financial scandal apply broadly to employees of publicly traded companies and contractors hired by the companies.
The justices ruled 6-3 Tuesday in favor of two former employees of companies that administer the Fidelity family of mutual funds. The workers claimed they faced retaliation after they reported allegations of fraud affecting Fidelity funds.
The case involved the reach of a provision of the Sarbanes-Oxley Act, passed in 2002 in response to the Enron scandal, that protects whistleblower activity. The measure was intended to protect people who expose the kind of corporate misdeeds that arose at Enron. |
|
|
|
|
|
|
Court: School ban of US flag shirts allowed
Top Legal News |
2014/02/28 23:39
|
A Northern California high school's decision to order students wearing American flag T-shirts to turn the garments inside out during a celebration of the holiday Cinco de Mayo was appropriate, a federal appeals court ruled Thursday.
The 9th U.S. Circuit Court of Appeals said the school officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.
The case garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing. The Ann Arbor, Mich.-based American Freedom Law Center, a politically conservative legal aid foundation, and other similar organizations took up the students' case and sued the high school and the school district.
William Becker, one of the lawyers representing the students, said he plans to ask a special 11-judge panel of the appeals court to rehear the case. Becker said he would appeal to the U.S. Supreme Court if he loses again. |
|
|
|
|
|
|
Fla. man guilty of lesser counts in music shooting
Top Legal News |
2014/02/18 23:01
|
Prosecutors say they may retry a Florida man on first-degree murder charges in the fatal shooting of a teenager after an argument over loud music.
A jury convicted Michael Dunn, a 47-year-old software developer, on Saturday of attempted murder for shooting into a carful of teenagers after the argument, but jurors couldn't agree on the most serious charge of first-degree murder. A mistrial was declared on that charge. State Attorney Angela Corey said her office would consider seeking a retrial.
Meanwhile, defense attorney Cory Strolla said he plans to appeal based on several issues, including how the jury could reach guilty verdicts on four counts and deadlock on another.
Dunn was charged with fatally shooting 17-year-old Jordan Davis, of Marietta, Ga., in 2012 after the argument over loud music coming from the SUV occupied by Davis and three friends outside a Jacksonville convenience store. Dunn, who is white, had described the music to his fiancee as "thug music." He claimed he acted in self-defense.
The trial was Florida's latest to raise questions about self-defense and race, coming six months after George Zimmerman was acquitted in the shooting of 17-year-old Trayvon Martin in Sanford, about 125 miles south of Jacksonville. The Dunn trial was prosecuted by the same State Attorney's Office that handled the Zimmerman case. |
|
|
|
|
|
|
California teen pleads not guilty in newborn death
Top Legal News |
2014/02/10 23:01
|
A teenager in Central California pleaded not guilty Thursday to killing her newborn baby, who was found wrapped in plastic bag last week under a bathroom sink.
Gloria Santos Mendoza, 17, was charged as an adult on a single count of first-degree murder, said Madera County Deputy District Attorney Rachel Cartier. If convicted, Mendoza could spend 25 years to life in state prison.
The teenager went to a hospital Friday suffering from postpartum bleeding, but she denied giving birth, Madera County Sheriff's Office spokeswoman Erica Stuart said. It took investigators hours to learn where she lived because of a language barrier. The girl speaks a dialect from Oaxaca, Mexico.
Authorities found the dead baby under the sink at the girl's Madera home. Stuart said that when the girl was confronted, she changed her story and said the child was born dead. But Stuart said an autopsy determined the baby was born alive.
Mendoza's attorney, Michael Fitzgerald, said that his first impression was that the prosecution's decision to charge her as an adult with first-degree murder seemed excessive.
The teenager came to Madera from her village in Mexico three days before giving birth, Stuart said. Mendoza remains jailed on $1 million bail. |
|
|
|
|
|
|
SC lawyer pleads guilty to defrauding clients
Top Legal News |
2014/02/10 23:01
|
A Florence attorney has pleaded guilty to defrauding his clients. U.S. Attorney Bill Nettles said Friday that 48-year-old William J. Rivers pleaded guilty to mail fraud.
Authorities began investigating after some of Rivers' clients complained to the South Carolina Bar Association. Between 2006 and 2012, prosecutors say more than 100 of his firms' clients were defrauded of more than $3.3 million.
Authorities say Rivers settled personal injury cases but didn't tell his clients or medical providers about the settlement money, which he kept. Prosecutors say that action left Rivers' clients still owing money for treatments they had received.
Prosecutors say Rivers' law partner committed suicide during the investigation. Rivers faces up to 20 years in prison and a fine of $250,000 when he's sentenced.
|
|
|
|
|
|
Legal News RSS Feed
