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Court: School ban of US flag shirts allowed
Top Legal News |
2014/02/28 23:39
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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. |
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Fla. man guilty of lesser counts in music shooting
Top Legal News |
2014/02/18 23:01
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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. |
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California teen pleads not guilty in newborn death
Top Legal News |
2014/02/10 23:01
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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. |
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SC lawyer pleads guilty to defrauding clients
Top Legal News |
2014/02/10 23:01
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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.
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Italian court hears final rebuttals in Knox trial
Top Legal News |
2014/01/20 22:20
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A prosecutor urged a court on Monday to take steps to make sure that American Amanda Knox and her former Italian boyfriend would serve their sentences, if they are convicted of murdering British student Meredith Kercher.
Prosecutor Alessandro Crini preceded his request by noting that Knox has remained in the United States for this trial, while co-defendant Raffaele Sollecito has traveled abroad during it.
The defense and prosecution were both making their final rebuttals on Monday before the court begins deliberations on Jan. 30. A verdict is expected later that day.
Crini has requested guilty verdicts and jail sentences of 26 years for both defendants, and that the court increase to four years Knox's three-year sentence for a slander conviction, which has been upheld.
In the case of Sollecito, who told reporters Monday that he intends to remain in Italy for the verdict, the precautionary measures could include immediate arrest, house arrest or the confiscation of his passport.
The court's reach in Knox's case is limited by her presence in the United States, where she returned a free woman after the 2009 guilty verdicts against her and Sollecito were thrown out by a Perugia appeals court in 2011. Italy's highest court ordered a second appellate trial after blasting the acquittal.
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Odds against Alex Rodriguez in federal court
Top Legal News |
2014/01/13 23:10
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The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension.
For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.
"I don't think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."
The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations. |
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Tenino man pleads guilty to child pornography
Top Legal News |
2013/12/30 22:51
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The U.S. attorney's office says a Tenino man pleaded guilty Friday in federal court in Tacoma to possession of child pornography.
As part of a plea agreement, prosecutors are recommending a four-year prison term when 47-year-old James Donald Mobley is sentenced in March.
The U.S. attorney's office says the former teacher at Tenino Elementary School is one of 348 people arrested worldwide as part of the "Project Spade" investigation into a Toronto-based website.
Investigators found Mobley purchased child pornography from the company. He was arrested last January. A search of his computer found 650 photos and 45 videos of child pornography. |
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