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State seeks long prison term for accused NYC subway gunman
Legal Interview |
2023/01/03 11:06
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Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.
Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself.
Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter.
Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday.
James had been scheduled to stand trial in late February.
His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement.
Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees.
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Justices spar in latest clash of religion and gay rights
Legal Interview |
2022/12/02 15:20
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The Supreme Court ’s conservative majority sounded sympathetic Monday to a Christian graphic artist who objects to designing wedding websites for gay couples, a dispute that’s the latest clash of religion and gay rights to land at the highest court.
The designer and her supporters say that ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their faith. Her opponents, meanwhile, say that if she wins, a range of businesses will be able to discriminate, refusing to serve Black customers, Jewish or Muslim people, interracial or interfaith couples or immigrants, among others.
The lively arguments at the Supreme Court ran well beyond the allotted 70 minutes.
Justice Neil Gorsuch, one of three high court appointees of former President Donald Trump, described Lorie Smith, the website designer, as “an individual who says she will sell and does sell to everyone, all manner of websites, (but) that she won’t sell a website that requires her to express a view about marriage that she finds offensive.”
The issue of where to draw the line dominated the questions early in Monday’s arguments at the high court.
Justice Ketanji Brown Jackson asked whether a photography store in a shopping mall could refuse to take pictures of Black people on Santa’s lap.
“Their policy is that only white children can be photographed with Santa in this way, because that’s how they view the scenes with Santa that they’re trying to depict,” Jackson said.
Justice Sonia Sotomayor repeatedly pressed Kristen Waggoner, the lawyer for Smith, over other categories. “How about people who don’t believe in interracial marriage? Or about people who don’t believe that disabled people should get married? Where’s the line?” Sotomayor asked.
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Court rejects appeal to give American Samoans citizenship
Legal Interview |
2022/10/17 11:18
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The Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.
In leaving in place an appeals court decision, the court also passed up an invitation to overturn a series of decisions dating back to 1901 known as the Insular Cases, replete with racist and anti-foreign rhetoric. Justice Neil Gorsuch had called for the cases to be overturned in April.
But the justices refused to take up an appeal from people born in American Samoa, and living in Utah, who argued that a federal law declaring that they are “nationals, but not citizens, of the United States at birth” is unconstitutional.
A trial judge in Utah ruled in their favor, but the federal appeals court in Denver said Congress, not courts, should decide the citizenship issue. The appeals court also noted that American Samoa’s elected leaders opposed the lawsuit for fear that it might disrupt their cultural traditions.
American Samoa is the only unincorporated territory of the United States where the inhabitants are not American citizens at birth.
Instead, those born in the cluster of islands some 2,600 miles (4,184 kilometers) southwest of Hawaii are granted “U.S. national” status, meaning they can’t vote for U.S. president, run for office outside American Samoa or apply for certain jobs. The only federal election they can cast a vote in is the race for American Samoa’s nonvoting U.S. House seat.
The Insular Cases, which arose following the Spanish-American War, dealt with the administration of overseas territories.
In their conclusion that residents of territories had some, but not all, rights under the Constitution, justices wrote in stark racial and xenophobic terms. Citizenship could not be automatically given to “those absolutely unfit to receive it,” one justice wrote.
That history prompted Gorsuch to comment in a case involving benefits denied to people who live in Puerto Rico, decided in April. He wrote that the Insular Cases were wrongly decided because they deprived residents of U.S. territories of some constitutional rights.
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Pakistani court orders probe into ex-minister’s arrest
Legal Interview |
2022/05/23 09:33
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A court in Pakistan’s capital has ordered an investigation into the controversial arrest of a former human rights minister over a decades old land dispute.
Chief Justice Ather Minallah of the Islamabad High Court late Saturday ordered the probe in response to a petition from the daughter of former minister Shireen Mazari.
Minallah questioned the decision by officials in Islamabad to allow police from a Punjab provincial district to make the arrest in the capital.
Mazari, who served in the Cabinet-level position under former Prime Minister Imran Khan, had been detained by police near her Islamabad home earlier in the day.
Fawad Chaudhry, former information minister in Khan’s administration, alleged that Mazari — the senior leader in Khan’s Pakistan Tehreek-e-Insaf party — had been politically targeted by the new administration of Prime Minister Shahbaz Sharif under the guise of a land dispute dating back to 1972.
Hours after Mazari’s arrest, Chief Minister of Punjab province Hamza Shahbaz ordered her release and late Saturday she was brought to the Islamabad court for an urgent hearing. She was then released.
Mazari has been critical of Sharif’s government on Twitter since Khan’s government was toppled in a no-confidence vote in Parliament last month. Khan’s party lawmakers resigned from the body’s lower house in protest and Khan is mobilizing supporters through public rallies across the country to pressure the government into an early election.
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Abortion rights protesters rally in cities around US
Legal Interview |
2022/05/12 08:54
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Abortion rights protesters rallied in cities around the United States on Saturday, vowing to fight to ensure that abortion remains a legal option for women nationwide.
Hundreds gathered in Chicago, Atlanta, Houston and other cities days after a draft U.S. Supreme Court opinion was leaked to the public suggesting the court is poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide. The draft opinion, which comes amid nearly 50 years of federal abortion protections, could change before the ruling is finalized in coming weeks.
“To think that, after all this time, people still want to control what women can do and our rights to make our personal healthcare decisions is just really outrageous,” Carole Levin, chair of Courts Matter Illinois, told WMAQ-TV during the rally in Chicago.
Illinois Gov. J.B. Pritzker attended the rally and vowed to protect reproductive rights in Illinois.
“I’m proud Illinois is an island for reproductive freedom in the Midwest,” he said. “Our shores remain open for any person left marooned by these extremist politicians.”
In the nation’s capital, abortion rights protesters stood outside the Supreme Court, holding signs that said abortion is a human right, or “Abort the Court.” Protesters who oppose abortion demonstrated across the street.
In Atlanta, demonstrators carried signs in favor of abortion rights as they marched through that city’s downtown and chanted, “Not the church and not the state, women must decide our fate.”
In Houston, thousands attended a reproductive rights rally headlined by Democrat Beto O’Rourke, who is running for Texas governor. Texas is one of several states that would automatically ban abortion, leaving no exceptions for rape or incest, if the high court overturns the nationwide right to abortion.
An investigation is underway to determine who leaked the Supreme Court draft opinion to Politico.
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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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