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Kentucky court session planned in former women's coach case
Securities Class Action | 2015/09/08 23:03
A pretrial conference is planned in the case of a former college women's basketball coach accused of groping a player.

The session has been scheduled for Tuesday morning in a Kenton County court for Bryce McKey. McKey's attorney has entered a not-guilty plea for him on a charge of third-degree sexual abuse, a misdemeanor.

Hours after his arraignment Aug. 14, the University of Maryland announced that he had resigned as an assistant women's basketball coach.

According to a sworn affidavit, a player McKey coached as an assistant at Xavier said McKey asked her to come to his home in Covington, Kentucky, in May. She said during the evening, he repeatedly touched her inappropriately.

McKey has been ordered to stay away from her, and from Xavier's campus and events.



Juvenile court decision due in Slender Man stabbing case
Securities Class Action | 2015/08/09 23:56
A pivotal decision is due this week in the case of two 13-year-old Wisconsin girls accused of stabbing a classmate to please online horror character Slender Man — keep them in adult court or move them into the juvenile system.

The stakes are enormous: Each girl faces a charge of attempted first-degree homicide in adult court and could spend up to 65 years in the state prison system if convicted. Should Waukesha County Circuit Judge Bohren move them into the juvenile system, they could be held for only five years and all records of the proceedings would be sealed, giving them a chance to restart their lives.

Bohren, due to rule Monday, faces thorny questions about how young is too young to face adult consequences for crimes. Defense attorneys for both girls argue their clients are mentally ill — one attorney says his client is a schizophrenic who still believes fictional characters such as Slender Man and Harry Potter truly exist — and will receive better treatment in the juvenile system. Prosecutors say transferring them out of adult court would depreciate the seriousness of the crime.

"It's obviously a very tough decision for him," said former Wisconsin Supreme Court Justice Janine Geske, who attended law school with Bohren. "They're very young. They clearly have some serious mental health issues. That pushes you toward putting them in juvenile court.



In Supreme Court loss, death penalty foes see an opening
Securities Class Action | 2015/07/01 16:01
A strongly worded dissent in the U.S. Supreme Court's narrow decision this week upholding the use of an execution drug offered a glimmer of hope to death penalty opponents in what they considered otherwise a gloomy ruling. One advocate went so far Tuesday as to call it a blueprint for a fresh attack on the legality of capital punishment itself.

But even those who see Justice Stephen Breyer's dissent as a silver lining think it will take time to mount a viable challenge.

And Breyer's words don't change the fact that the Supreme Court has consistently upheld capital punishment for nearly four decades. The five justices forming the majority in Monday's decision made it clear they feel that states must somehow be able to carry out the death penalty.

In disagreeing with the 5-4 ruling that approved Oklahoma's use of an execution drug, Breyer, joined by Justice Ruth Bader Ginsburg, called it "highly likely that the death penalty violates the Eighth Amendment," which protects against cruel and unusual punishment.

"It was a sweeping and powerful dissent that issues an invitation that we should accept, which is to make the case for why today the death penalty itself is no longer constitutional," said Cassandra Stubbs, director of the Capital Punishment Project of the American Civil Liberties Union.


US court agrees Apple violated antitrust law in e-book entry
Securities Class Action | 2015/06/28 16:01

Apple violated antitrust laws by colluding with publishers to raise electronic book prices when it entered a market in 2010 that had been dominated by Amazon.com, a federal appeals court said Tuesday.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-to-1 that a lower court judge was right to find Apple Inc. violated the laws to upset Amazon.com Inc.'s control of the market.

The appeals court also agreed that U.S. District Judge Denise Cote was right to order injunctive relief to ensure the Cupertino, California-based company didn't commit additional violations of antitrust laws.

An Apple lawyer said in an email that comment would be issued soon.

Cote ruled against Apple after a civil trial in summer 2013. She ordered the technology giant to modify contracts with publishers to prevent price fixing and appointed a monitor to review the company's antitrust policies. The appeals court weeks ago upheld the appointment of the monitor.



McConnell, Cruz urge court to reject gay marriage
Securities Class Action | 2015/04/07 13:48

Senate Majority Leader Mitch McConnell and presidential candidate Sen. Ted Cruz are among 57 Republicans in Congress who are calling on the Supreme Court to uphold state bans on same-sex marriage.

The congressional Republicans said in a brief filed at the high court Friday that the justices should not impose "a federally mandated redefinition of the ancient institution of marriage" nationwide. The Republicans said the court should let voters and their elected legislatures decide what to do about marriage.

The court will hear arguments on April 28 in cases from McConnell's home state of Kentucky, as well as Michigan, Ohio and Tennessee. Same-sex couples can marry in 37 states.

Last month, 7 Republicans joined 211 Democrats and independents in Congress in support of same-sex marriage nationwide.


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