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Abortion ban based on heartbeat rejected by appeals court
Legal Watch |
2015/06/03 08:08
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A federal appeals court struck down one of the nation's toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat.
The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus' ability to live outside the womb, not the presence of a fetal heartbeat that can be detected weeks earlier. The court said that standard was established by previous U.S. Supreme Court rulings.
The ruling upholds a decision of a federal judge in Arkansas who struck down the 2013 law before it could take effect, shortly after legislators approved the change. But the federal judge left in place other parts of the law that required doctors to tell women if a fetal heartbeat was present; the appeals court also kept those elements in place.
Attorney General Leslie Rutledge's office was reviewing the decision "and will evaluate how to proceed," office spokesman Judd Deere said Wednesday afternoon.
The ruling wasn't a surprise to Rita Sklar, executive director of the American Civil Liberties Union of Arkansas, which represented the two doctors challenging the law. She said the case was a waste of taxpayer time, and that the decision leaves medical decisions to doctors and their patients, rather than politicians.
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Pandora loses to BMI in court hearing, vows to appeal
Legal Watch |
2015/05/15 23:47
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Pandora Media Inc. lost a court hearing Thursday in a dispute with music publishing rights group BMI over royalty rates, but the Internet streaming leader said it will appeal.
Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.
Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.
If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.
BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents.
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Duke Energy will be in federal court for coal ash crimes
Legal Watch |
2015/05/14 23:47
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As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.
Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.
But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.
Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.
Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.
While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."
Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit. |
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Court rejects Duncan's death sentence appeal
Legal Watch |
2015/03/31 21:15
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A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.
Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.
Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.
On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind. |
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Court grants Texas prisoner execution reprieve
Legal Watch |
2014/12/05 23:38
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A federal appeals court halted Wednesday's scheduled execution of a Texas killer whose attempt to subpoena Jesus Christ as a trial witness and other behavior led his attorneys to argue he is too mentally ill for capital punishment.
Scott Panetti, who was diagnosed with schizophrenia some 14 years before fatally shooting his estranged wife's parents in 1992, was granted the reprieve less than eight hours before he was set to receive a lethal injection. In stopping the execution, the 5th U.S. Circuit Court of Appeals acknowledged the legal complexity of putting a mentally ill inmate to death.
In a two-sentence ruling, the court said it needs time to "fully consider the late arriving and complex legal questions at issue in this matter" and that it will schedule briefings and hearings to consider arguments.
The Texas attorney general's office said it has no immediate plans to appeal and that state attorneys will present arguments to the 5th Circuit once the court sets a date for them.
Panetti's lawyers described him as delusional and argued that he was too mentally ill to qualify for capital punishment and they sought the delay so Panetti could undergo new competency examinations.
Panetti, who acted as his own trial lawyer, testified as an alternate personality he called "Sarge" to describe the slayings of Joe and Amanda Alvarado. He wore a purple cowboy outfit, including a big cowboy hat, during trial and largely ignored a standby attorney the judge appointed to assist him.
Appeals also were before the U.S. Supreme Court, which has said mentally ill people cannot be executed if they don't have a factual and rational understanding of why they're being punished. The high court took no action once the lower court stopped the punishment. |
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Investors to Supreme Court: Deny Argentine do-over
Legal Watch |
2014/05/09 20:18
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Argentina's opponents have filed their last arguments with the U.S. Supreme Court, urging justices to deny the South American government's appeal of a $1.4 billion debt ruling because President Cristina Fernandez has repeatedly vowed not to honor any ruling that goes against her.
Argentina wants the court to overturn a ruling it says would provoke a catastrophic default by forcing it to pay $1.4 billion in cash to the investors it calls "vulture funds." These investors, led by billionaire Paul Singer's NML Capital Ltd., snapped up Argentina's defaulted debt when its economy crashed a decade ago and have litigated ever since, seeking payment in full plus interest even after 92 percent of other bondholders agreed to provide generous debt relief in exchange for regular payments on new bonds.
"Argentina already has made clear that it will not obey any adverse decision on the questions it presents," reads NML's brief, filed just before Wednesday night's deadline.
"Argentina ultimately is not interested in any court's views concerning those questions. By Argentina's lights, it has the final word, and it will recognize a judicial ruling only if it accords with Argentina's conclusions," NML said.
The "Aurelius Respondents," another group of hedge funds and holding companies based in the Cayman Islands and the US state of Delaware to avoid scrutiny and taxes, also filed a brief, urging the justices to deny Argentina's "do-over" request. "A chorus of disinterested parties has recognized that Argentina is without peer in its mistreatment of private-sector creditors," their brief said. |
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Coast Guardsman guilty in sexual misconduct case
Legal Watch |
2014/03/10 22:09
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Coast Guard officials in New Orleans say a petty officer has been convicted and sentenced on charges involving sexual assault and possession of child pornography.
Petty Officer 2nd Class Christopher C. Bush's court martial was held in Norfolk, Va.
A Coast Guard news release said the 28-year-old Bush was convicted Friday on four violations of a Uniform Code of Military Justice article dealing with rape and sexual assault and one involving child pornography.
The crimes involved a junior Coast Guard woman and a civilian woman. They happened between January 2010 and May 2013 while Bush was stationed at a unit in New Orleans. The Coast Guard said it was not releasing the name of the unit to protect the privacy of the victims. |
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