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Court fines Washington state over education funding
Headline Legal News |
2015/08/14 08:47
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Washington officials are considering a special legislative session after the state Supreme Court issued daily fines a of $100,000 until lawmakers comply with a court order to improve the way the state pays for its basic education system.
Thursday's order, signed by all nine justices of the high court, ordered that the fine start immediately, and be put into a dedicated education account.
The court encouraged Gov. Jay Inslee to call a special session, saying that if the Legislature complies with the court's previous rulings for the state to deliver a plan to fully fund education, the penalties accrued during a special session would be refunded.
Inslee and legislative leaders are set to meet Monday in Seattle discuss what next steps the state should take.
"There is much that needs to be done before a special session can be called," Inslee said in a statement. "I will ask lawmakers to do that work as quickly as humanly possible so that they can step up to our constitutional and moral obligations to our children and lift the court sanctions."
The ruling was the latest development in a long-running impasse between lawmakers and justices, who in 2012 ruled that the state is failing to meet its constitutional duty to pay for the cost of basic education for its 1 million schoolchildren.
Thomas Ahearne, an attorney for the plaintiffs, said that the court's action "is long overdue."
"The state has known for many, many years that it's violating the constitutional rights of our public school kids," Ahearne said. "And the state has been told by the court in rulings in this case to fix it, and the state has just been dillydallying along."
The lawsuit against the state was brought by a coalition of school districts, parents, teachers and education groups — known as the McCleary case for the family named in the suit.
In its original ruling, and repeated in later follow-up rulings, the justices have told the Legislature to find a way to pay for the reforms and programs they had already adopted, including all-day kindergarten, smaller class sizes, student transportation and classroom supplies, and to fix the state's overreliance on local tax levies to pay for education. Relying heavily on local tax levies leads to big disparities in funding between school districts, experts say.
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Federal court: Anti-Muslim group can't post ads on buses
Court News |
2015/08/13 08:47
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An anti-Muslim group cannot post ads on buses in Washington state showing photos of wanted terrorists and wrongly claiming the FBI offers a $25 million reward for one of their captures, a federal appeals court ruled Wednesday.
A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected a claim by the American Freedom Defense Initiative that King County violated its First Amendment right to free speech by refusing to post the advertisements on buses.
The group — whose leader, Pamela Geller, organized the Prophet Muhammad cartoon contest in Texas that exploded in violence in May — has similar bus ads in other cities and has gone to court with mixed results after some transportation officials rejected them.
David Yerushalmi, the group's lawyer, said it will appeal Wednesday's ruling to the U.S. Supreme Court.
The American Freedom Defense Initiative sought to display an ad in Washington state called "Faces of Global Terrorism," which included 16 photographs of militants with their names listed and the statement "AFDI Wants You to Stop a Terrorist." It said the FBI offers a $25 million reward to capture one of the people shown.
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Texas inmate executed for killing police officer in chase
Legal Interview |
2015/08/12 08:48
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Texas inmate Daniel Lee Lopez got his wish Wednesday when he was executed for striking and killing a police lieutenant with an SUV during a chase more than six years ago.
The lethal injection was carried out after the U.S. Supreme Court rejected appeals from his attorneys, who disregarded Lopez's desire to die and disagreed with lower court rulings that found Lopez was competent to make that decision.
"I hope this execution helps my family and also the victim's family," said Lopez, who spoke quietly and quickly. "This was never meant to be, sure beyond my power. I can only walk the path before me and make the best of it. I'm sorry for putting you all through this. I am sorry. I love you. I am ready. May we all go to heaven."
As the drugs took effect, he took two deep breaths, then two shallower breaths. Then all movement stopped.
The roar of revving motorcycles on the street outside the Huntsville prison, from a group of bikers supporting police, could be heard as Lopez spoke, along with rumbles of intermittent thunder.
He was pronounced dead at 6:31 p.m. CDT — 15 minutes after the lethal dose began.
Lopez, 27, became the 10th inmate put to death this year in Texas, which carries out capital punishment more than any other state. Nationally, he was the 19th prisoner to be executed.
Lopez's "obvious and severe mental illness" was responsible for him wanting to use the legal system for suicide, illustrating his "well-documented history of irrational behavior and suicidal tendencies," attorney David Dow, who represented Lopez, had told the high court. Dow also argued the March 2009 crime was not a capital murder because Lopez didn't intend to kill Corpus Christi Lt. Stuart Alexander.
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Penn State ex-officials' case heads to appeals court hearing
Court News |
2015/08/11 23:26
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The criminal case against three former high-ranking Penn State administrators is headed to a Pennsylvania appellate courtroom, nearly four years after two of them were first charged. A decision against them could clear the way for trial.
The group of Superior Court sessions in a state Capitol courtroom on Tuesday will address the actions of Penn State's then-general counsel, Cynthia Baldwin, as the men were being investigated for an alleged cover-up of child sex abuse complaints against Jerry Sandusky.
The judges are expected to conduct three separate half-hour sessions, one each for former university president Graham Spanier, former vice president Gary Schultz and former athletic director Tim Curley.
The appellate court file is sealed, so the precise nature of the legal dispute is somewhat clouded. But the appeals were launched after a January order by Dauphin County Judge Todd Hoover that rejected their arguments attacking the fairness and legality of the process that led to charges.
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Juvenile court decision due in Slender Man stabbing case
Securities Class Action |
2015/08/09 23:56
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A pivotal decision is due this week in the case of two 13-year-old Wisconsin girls accused of stabbing a classmate to please online horror character Slender Man — keep them in adult court or move them into the juvenile system.
The stakes are enormous: Each girl faces a charge of attempted first-degree homicide in adult court and could spend up to 65 years in the state prison system if convicted. Should Waukesha County Circuit Judge Bohren move them into the juvenile system, they could be held for only five years and all records of the proceedings would be sealed, giving them a chance to restart their lives.
Bohren, due to rule Monday, faces thorny questions about how young is too young to face adult consequences for crimes. Defense attorneys for both girls argue their clients are mentally ill — one attorney says his client is a schizophrenic who still believes fictional characters such as Slender Man and Harry Potter truly exist — and will receive better treatment in the juvenile system. Prosecutors say transferring them out of adult court would depreciate the seriousness of the crime.
"It's obviously a very tough decision for him," said former Wisconsin Supreme Court Justice Janine Geske, who attended law school with Bohren. "They're very young. They clearly have some serious mental health issues. That pushes you toward putting them in juvenile court.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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