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Court fines Washington state over education funding
Attorney News |
2015/08/15 13:18
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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. |
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Inmate challenge to death sentence goes back to trial court
Attorney News |
2015/08/07 23:57
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A state death row inmate is going back to a north Mississippi courtroom to again fight for a new trial.
The Mississippi Supreme Court has ordered a Lowndes County judge to determine if the results of post-conviction DNA testing raise enough questions to justify a new trial for Eddie Lee Howard Jr. Howard, now 61, who was convicted and sentenced to death in the slaying of 84-year-old Georgia Kemp of Columbus. Evidence against him included bite marks on her body.
The Supreme Court, in the order signed Thursday by Chief Justice Bill Waller Jr., makes no specific mention of Howard's challenge to the bite mark evidence that the inmate argues is now widely discredited in legal circles.
Waller's order directs the trial court to hold a hearing to determine if Howard's arguments of newly discovered evidence including the results of DNA testing could "probably produce a different result or induce a different verdict if a new trial is granted."
The court's order does not disclose what the DNA testing revealed. Howard's attorneys argue in briefs that DNA results do not connect Howard to the crime.
Howard was convicted of raping and fatally stabbing Kemp in 1992. He was sentenced to death.
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NY state Sen. Sampson found guilty of obstruction
Attorney News |
2015/07/26 16:17
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A once-powerful New York politician was convicted Friday on charges he lied to the FBI in an attempt to obstruct a corruption investigation targeting him for embezzlement.
A federal jury in Brooklyn reached the verdict after deliberating for about a week at the trial of state Sen. John Sampson.
The Brooklyn Democrat was found guilty of one count of obstruction of justice and two counts of making false statements. He was acquitted on six other counts, including witness tampering.
Sampson, 50, who was re-elected last year, was at the center of the latest federal trial resulting from federal prosecutors' campaign against dirty dealing in Albany.
The verdict showed that the jury agreed that the defendant has an "utter disregard for the rule of law and criminal justice system," acting U.S. Attorney Kelly Currie said outside court.
Defense Attorney Nathaniel Akerman called the mixed verdict a partial victory, and told reporters he would pursue all his appeal options to appeal the convictions "until Mr. Sampson is vindicated."
Also speaking outside court, jury forewoman Kim O'Meally said that jurors decided to clear Sampson on the counts tied to a government cooperator, real estate developer Edul Ahmad. Asked what she thought of the witness, she replied: "He's dirty."
Prosecutors originally charged him with embezzling funds while acting as a court-appointed referee for home foreclosure proceedings in the mid-2000s. They also alleged he persuaded Ahmad to loan him nearly $200,000 to cover up the theft in exchange for political favors. |
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Marijuana opponents using racketeering law to fight industry
Attorney News |
2015/07/15 08:58
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A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.
A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.
With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.
"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.
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Another Arizona immigration law dismantled by the courts
Attorney News |
2015/06/05 23:01
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The U.S. Supreme Court landed the final blow against an Arizona law that denied bail to immigrants who are in the country illegally and are charged with certain felonies, marking the latest in a series of state immigration policies that have since been thrown out by the courts.
The nation's highest court on Monday rejected a bid from metro Phoenix's top prosecutor and sheriff to reinstate the 2006 law after a lower appeals court concluded late last year that it violated civil rights by imposing punishment before trial.
While a small number of Arizona's immigration laws have been upheld, the courts have slowly dismantled most of the other statutes that sought to draw local police into immigration enforcement.
"At this point, we can say that was a failed experiment," said Cecillia Wang, an attorney for the American Civil Liberties Union who led the challenge of the law. "Like the rest of the country, Arizona should move on from that failed experiment."
Voters overwhelmingly approved the no-bail law as the state's politicians were feeling pressure to take action on illegal immigration. It automatically denied bail to immigrants charged with a range of felonies that included shoplifting, aggravated identity theft, sexual assault and murder.
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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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