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Court: Police executing 'no-knock' warrant before shooting
Law Firm News | 2017/02/13 23:48
Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.

WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.

The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.

Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.


Partisan struggle over NC governor's authority back in court
Headline Legal News | 2017/02/11 23:47
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Supreme Court nominee has defended free speech, religion
Attorney News | 2017/02/11 23:47
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.

On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.

In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote.


Rolling Stone defamation case over rape story back in court
Court Watch | 2017/02/10 23:47
Attorneys for Rolling Stone magazine are heading back to federal court to try to overturn a jury's defamation verdict over its botched story "A Rape on Campus."

A judge is holding a hearing in Charlottesville, Virginia, on Thursday to consider Rolling Stone's request to throw out the jury's November verdict. The jury awarded University of Virginia administrator Nicole Eramo $3 million after finding Rolling Stone and a reporter defamed her.

The 2014 story told the account of a woman identified only as "Jackie," who said she was gang raped at the school. A police investigation found no evidence to back up Jackie's claims.

The magazine argues, among other things, there's no evidence reporter Sabrina Rubin Erdely acted with actual malice. Eramo's attorneys are urging the judge to keep the verdict.



Travel ban decision in hands of federal appeals court judges
Headline Legal News | 2017/02/10 23:46
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.


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