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Ohio court considers privacy rights in backpack search
Attorney Career |
2017/03/01 10:38
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The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.
At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.
The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.
A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.
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Ethics measure backers ask high court to let them join case
Attorney Career |
2017/01/22 17:56
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Supporters of a voter-approved government ethics overhaul are asking the state Supreme Court to allow them to join a lawsuit challenging the initiative filed by Republican lawmakers.
South Dakotans for Integrity, a political committee that supported the initiative, is arguing that a lower court judge was wrong in denying their push to intervene in the case.
The judge in December issued an order blocking the entire law from taking effect while the court challenge moves forward.
The group can't appeal that order because they aren't intervenors. South Dakotans for Integrity says the majority of voters who enacted the measure have the right to be represented by advocates whose allegiance is "unquestionable."
Those bringing the lawsuit contend that provisions in the law are unconstitutional. The attorney general's office is defending it.
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High Court won't hear appeal over Backpage.com escort ads
Attorney Career |
2017/01/10 16:34
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The Supreme Court said Monday it won't hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.
The justices left in place a lower court ruling that said federal law shields Backpage from liability because the site is just hosting content created by people who use it.
The women say they were sold as prostitutes in Massachusetts and Rhode Island through advertisements for escort services on the site when they were as young as 15. They say Backpage is not protected by the Communications Decency Act because the company not only hosted the ads, but created a marketplace that makes child sex trafficking easier. Backpage has denied those allegations.
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South Korean executives jailed for humidifier cleaner deaths
Attorney Career |
2017/01/07 16:35
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A South Korean court sentenced the former head of Oxy Reckitt Benckiser to seven years in prison Friday after the company's disinfectant for humidifiers killed scores of people and left hundreds with permanent lung damage.
The Seoul Central District Court ruled that Shin Hyun-woo, Oxy chief from 1991-2005, was guilty of accidental homicide and falsely advertising the deadly product as being safe even for children. Seven years is the maximum prison term the court could issue.
Choi Chang-young, chief judge of the case, said the disaster could have been prevented if Shin and others in the company, a subsidiary of British consumer goods company Reckitt Benckiser Group Plc, had tried to ensure the chemicals' safety. |
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Circus operator agrees to plea deal in tent collapse
Attorney Career |
2017/01/07 16:35
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Court records show a Florida-based circus operator has agreed to a plea deal following a tent collapse in New Hampshire in 2015 that killed two people and injured dozens.
The Caledonian-Record in Vermont reports details of the plea deal involving Sarasota-based Walker International Events weren't made available.
The company had previously pleaded not guilty to a felony charge of operating without a license and to misdemeanor counts alleging it hadn't complied with state standards. Corporations can face fines and sanctions on criminal convictions.
The company, now out of business, agreed to pay federal safety fines and settled some lawsuits.
Forty-one-year-old Robert Young and his 6-year-old daughter, Annabelle, of Concord, Vermont, died when a storm with 75 mph winds blew through the Lancaster Fairgrounds, toppling the tent.
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California Supreme Court halts death penalty measure
Attorney Career |
2016/12/21 14:21
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The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.
In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.
Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.
The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.
Supporters of the measure have called the lawsuit a frivolous stall tactic.
California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.
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