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Md. highest court recognizes same-sex divorce
Court Feed News |
2012/05/18 22:49
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Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere.
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Appeals court upholds key voting rights provision
Class Action News |
2012/05/18 22:49
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A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county's challenge to the landmark civil rights law.
The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states.
In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time.
The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court's conservative majority might be receptive to a challenge to section 5.
Judge David Tatel wrote for the Court of Appeals majority that the court owes deference to Congress' judgment on the matter.
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Texas high court orders state to pay ex-inmate $2M
Court Feed News |
2012/05/18 22:48
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The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.
Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.
The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.
Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.
"The floodgates are not opening, but what this will do is give a fair shake to people who are innocent," Blackburn said. "This is a major step forward in terms of opening up and broadening the law of exoneration in general."
Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity.
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Sexual offences Sydney
Lawyer Blog News |
2012/05/18 22:48
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Anyone charged with a sexual assault or indecent assault will not have settling thoughts at the end of the night. If you are not guilty of such sexual offences, it can be overwhelming and stressful. However, knowing who can help represent your case to get your favorable outcomes will reduce the stress a sexual offence can bring. The Crimes Act now inclues many more sexual assault offences from previous years and like any criminal offence, the penalties for sexual offences have been raised significantly. Areas of sexual assault law in Sydney have changed in the recent years. These inclue laws dealing with consent, prior sexual conduct, cross examination of complainants, and accessing information about complainants. Dealing with a sexual assault case towards a District Court or Supreme Court Criminal Trial can have greater penalties than in the local courts.
It is crucial to get lawyers who specialise in sexual assault cases so they understand the laws and have the experience to get the right results. At Sydney Criminal Lawyers, our experienced sexual assault lawyers will fight for your rights every step of the way. Our attorneys treat every case as if it is their most important case because we know how much is at stake for our clients. Our attorneys have legal costs awarded in favour of our clients and we have been successful in winning complaints made against unfair investigating police. Please call us at (02) 9261 8881 or send us an email at http://www.criminallaw.com.au/sexual-offences |
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