|
|
|
Court tosses law about false claims on medals
Court News |
2012/06/29 09:56
|
The Supreme Court on Thursday struck down a federal law making it a crime to lie about receiving the Medal of Honor and other prized military awards, with justices branding the false claim "contemptible" but nonetheless protected by the First Amendment.
The court voted 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely said he was a decorated war veteran and had pleaded guilty to violating the 2006 law, known as the Stolen Valor Act. The law, enacted when the U.S. was at war in Afghanistan and Iraq, was aimed at people making phony claims of heroism in battle.
The ruling, written by Justice Anthony Kennedy, ordered that the conviction be thrown out.
"Though few might find respondent's statements anything but contemptible, his right to make those statements is protected by the Constitution's guarantee of freedom of speech and expression. The Stolen Valor Act infringes upon speech protected by the First Amendment," Kennedy said.
The high court has in recent years rejected limits on speech. The justices struck down a federal ban on videos showing graphic violence against animals and rejected a state law intended to keep violent video games away from children. The court also turned aside the attempt by the father of a dead Marine to sue fundamentalist church members who staged a mocking protest at his son's funeral. In 1989, the court said the Constitution protects the burning of the American flag. |
|
|
|
|
|
|
High court sides with state in DNA case
Court News |
2012/06/18 13:13
|
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
|
|
|
|
|
|
Groups sue to block Florida voter roll purge
Court News |
2012/06/09 00:01
|
Several groups and individuals on Friday asked a federal court to block Florida from carrying out its purge of potentially ineligible voters from the rolls.
A Hispanic civic organization and two naturalized citizens — backed by the American Civil Liberties Union and others — filed a lawsuit in U.S. District Court in Tampa seeking to halt the purge. Two days ago, the administration of Republican Gov. Rick Scott rejected calls by the federal government to stop the effort.
"The illegal program to purge eligible voters uses inaccurate information to remove eligible citizens from the voter rolls," said Howard Simon, executive director of the ACLU of Florida. "...We now look to the courts to stop the Scott administration from assaulting democracy by denying American citizens the right to vote."
The lawsuit is likely to have little immediate impact because most local election supervisors have halted the removal of voters, citing conflicting legal opinions from the federal government and state officials.
|
|
|
|
|
|
|
Powerbroker tied to Nevada Sen. Reid goes to court
Court News |
2012/06/08 00:01
|
A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.
Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.
Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.
Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.
|
|
|
|
|
|
|
Wash. lawyers challenge secret court proceedings
Court News |
2012/05/26 15:14
|
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.
That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?
The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice. |
|
|
|
|
|
|
 |
Investment Fraud Litigation |
|
|
|
|
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.
|
|
|
| |
| |
| |
|
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 |
|
Legal News RSS Feed
