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Plagued by delays, California high-speed rail heads back to court
Legal Focuses | 2016/02/05 12:42
California voters embraced the idea of building the nation's first real high-speed rail system, which promised to whisk travelers from San Francisco to Los Angeles in under three hours, a trip that can take six hours or more by car. Eight years after they approved funding for it, construction is years behind schedule and legal, financial and logistical delays plague the $68 billion project.

The bullet train's timeline, funding and speed estimates are back in the spotlight for a longstanding lawsuit filed by residents whose property lies in its path.

In the second phase of a court challenge filed in 2011, attorneys for a group of Central Valley farmers will argue in Sacramento County Superior Court on Thursday that the state can't keep the promises it made to voters in 2008 about the travel times and system cost. Voters authorized selling $9.9 billion in bonds for a project that was supposed to cost $40 billion.

In recent months, rail officials have touted construction of a viaduct in Madera County, the first visible sign of construction. Though officials have been working for years to acquire the thousands of parcels of land required for the project, they currently have just 63 percent of the parcels needed for the first 29 miles in the Central Valley.



Court cuts prison sentence for Memphis 'sovereign citizen'
Legal Focuses | 2015/09/03 00:24
An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.

Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.

The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.

Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.

Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.


Egyptian court sentences 188 people to death
Legal Focuses | 2014/12/04 16:21
An Egyptian court sentenced 188 people to death Tuesday pending the opinion of the country's top religious authority, the latest mass death sentence handed down by the country's judicial system despite widespread international criticism.

The 188 were charged over the killing of 11 policemen last year in Kerdasa, a restive town west of Cairo considered a militant stronghold. The attack, which saw the policemen's bodies mutilated, is considered one of the country's grisliest assaults on security forces.

The defendants also were accused of attempting to kill 10 more policemen, damaging a police station, setting police cars on fire and possessing heavy weapons.

The attack happened on the same day that security forces brutally cleared two protest camps of ousted Islamist President Mohammed Morsi's supporters, killing hundreds. Protesters were demanding the reinstatement of Morsi, who hails from the Muslim Brotherhood group.

Some 22,000 people have been arrested since Morsi's ouster, including most of the Brotherhood's top leaders, as well as large numbers of others swept up by police during pro-Morsi protests.


Court rules against homeowners in toxic water case
Legal Focuses | 2014/06/10 13:28
The Supreme Court says a group of homeowners in North Carolina can't sue a company that contaminated their drinking water because a state deadline has lapsed.

The justices ruled 7-2 on Monday that state law strictly bars any lawsuit brought more than 10 years after the contamination — even if residents did not realize their water was polluted until years later.

The high court reversed a lower court ruling that said federal environmental laws should allow the lawsuit against electronics manufacturer CTS Corp. to proceed.

The decision is a setback for the families of thousands of former North Carolina-based Marines suing the federal government in a similar case for exposing them to contaminated drinking water at Camp Lejeune. The government is relying on the same state law to avoid liability.


Court to hear dispute over state tax collection
Legal Focuses | 2014/05/29 09:48
The Supreme Court on Tuesday agreed to consider a dispute over how a state may tax the income that its residents earn in another state.

In a case that could affect how taxes are collected in every state, the justices will hear an appeal from Maryland officials who want to overturn a lower court ruling that found the state's tax law unconstitutional.

Maryland law allows residents to deduct income taxes paid to other states from their Maryland state tax. But it does not apply that deduction when it comes to a local "piggyback tax" the state collects for counties and some city governments.

Last year, the Maryland Court of Appeals said the tax violates the Constitution's Commerce Clause. The court said the law discourages Maryland residents from earning money outside the state.

Maryland Attorney General Douglas Gansler says the state has authority to tax all income of its residents, even income earned outside the state. He said the Court of Appeals' decision could cost local governments $45 million to $50 million annually and warned that Maryland might have to refund up to $120 million in taxes.


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