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Gamers in court for first time after Kansas 'swatting' death
Headline Legal News |
2018/06/16 12:05
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. |
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NY high court nixes Trump's bid to delay defamation suit
Headline Legal News |
2018/06/14 12:06
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New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.
The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.
Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."
Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.
Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.
Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.
Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."
She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages. |
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Court: Compliance reached in education funding case
Headline Legal News |
2018/06/10 12:03
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A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more dollars into public schools.
The court's unanimous order came in response to lawmakers passing a supplemental budget earlier this year that the justices said was the final step needed to reach compliance with a 2012 state Supreme Court ruling that found that K-12 school funding was inadequate. Washington's Constitution states that it is the Legislature's "paramount duty" to fully fund the education system. The resolution of the landmark case in Washington state comes as other states like Arizona, Oklahoma and Kentucky are now responding to calls for more money to be allocated to education.
The state had been in contempt of court since 2014 for lack of progress on that ruling, and daily sanctions of $100,000 — allocated specifically for education spending— had been accruing since August 2015.
"Reversing decades of underfunding has been among the heaviest lifts we've faced in recent years and required difficult and complex decisions, but I'm incredibly proud and grateful for all those who came together on a bipartisan basis to get this job done," Washington Gov. Jay Inslee said in a written statement.
Over the past few years, lawmakers had put significantly more money toward education costs like student transportation and classroom supplies, but the biggest piece they needed to tackle to reach full compliance was figuring out how much the state must provide for teacher salaries. School districts had paid a big chunk of those salaries with local property-tax levies, something the court said had to be remedied.
In November, the court said a plan passed by the Legislature last year — which included a statewide property tax increase earmarked for education — satisfied its earlier ruling, but justices took issue with the fact that the teacher salary component of the plan wasn't fully funded until September 2019. This year, lawmakers expedited that timeframe to Sept. 1, 2018.
Democratic House Majority Leader Pat Sullivan said that the court's order was a relief, though he noted that legislative debates over education funding aren't over. Sullivan said there is more work to be done on areas like special education, as well as recruiting and retaining teachers. |
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Kansas Supreme Court sends DNA request back to lower court
Headline Legal News |
2018/06/09 12:03
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The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.
The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.
The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.
In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.
The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George. |
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UK Supreme Court criticizes Northern Ireland abortion laws
Headline Legal News |
2018/06/07 11:03
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Britain's Supreme Court on Thursday criticized Northern Ireland's strict anti-abortion laws but dismissed a legal challenge.
A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.
The justices went on to say, however, that a majority finds Northern Ireland's abortion prohibitions "disproportionate" and that they violate European human rights laws.
That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland's laws. Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.
When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.
Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court's ruling "a momentous day for women in Northern Ireland" and said it is now up to British Prime Minister Theresa May to take action to ease the laws.
She said May has an obligation to make sure the U.K. government is "now longer acting unlawfully by breaching the human rights of women across Northern Ireland."
However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission's right to bring it means the judges' views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes. |
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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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