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Lawyers: Loughner sent to Missouri for mental exam
Lawyer Blog News | 2011/03/25 15:56

The suspect in the January shooting rampage in Tucson has been transferred to a specialized facility in Missouri to undergo a court-ordered mental evaluation.

Lawyers for 22-year-old Jared Lee Loughner say in a court filing that he was taken from Tucson to a federal Bureau of Prisons medical facility in Springfield, Mo., on Wednesday.

The lawyers want an appeals court to order him returned.

Loughner will be given tests to determine if he understands the nature and consequences of the charges he faces and can assist in his defense.

Loughner has pleaded not guilty to charges stemming from the Jan. 8 attack that killed six and wounded 13, including Rep. Gabrielle Giffords. She remains at a rehabilitation center in Houston as she recovers from a bullet wound to the brain.



Neb. high court OKs lawsuit against Omaha tribe
Court Feed News | 2011/03/25 11:56

The Nebraska Supreme Court has ruled the Omaha Tribe can be subject to a lawsuit over payment for work on its casinos, racetrack and other facilities.

The tribe was sued in 2009 by Omaha-based building contractor StoreVisions for breach of contract. The lawsuit says the tribe has not paid for construction work.

The Omaha Tribe argued it is immune from lawsuits because the federal government has granted American Indian tribes sovereign immunity. The tribe said in court documents that a waiver of sovereign immunity signed in 2008 by the tribal chairman and vice chairman for StoreVisions isn't valid, and the case should be thrown out.

A Thurston County district judge disagreed, ruling the lawsuit can proceed. The state's highest court affirmed that ruling in an opinion issued Friday.



Oregon appeals court: Teeth not dangerous weapon
Legal Career News | 2011/03/24 16:25

The Oregon Court of Appeals has ruled that teeth are not a dangerous weapon.

The decision Wednesday overturned a first-degree assault conviction for a Marion County man who bit off part of a neighbor's ear in 2008 in a drunken fight.

The Oregonian reports a second-degree assault conviction against 30-year-old Scott Russell Kuperus II stands. But first-degree assault involves a dangerous weapon, and teeth don't qualify.

His attorney says the first-degree assault charge that carried a sentence of 90 months in jail will be dismissed and Kuperus will be sentenced to 70 months for second-degree assault.



Court nixes new rape trial in dispute over poem
Court Feed News | 2011/03/24 16:25

A court has overturned a decision granting a new trial to a convicted rapist who claimed his rights were violated when a poem written by the victim was kept out of evidence during trial in Wayne County.

The poem expressing regret about alcohol and sex was written before the woman's encounter with Dustin Wiecek in 1999.

A federal judge says the exclusion hurt Wiecek's ability to fully confront his accuser at trial about her personal life. But a U.S. appeals court on Wednesday disagreed, saying Wiecek's lawyer had much opportunity to challenge the woman's credibility.

Wiecek was accused of using GHB, known as a date-rape drug. He's already served 41 months in prison, more than the minimum sentence. He's been free on bond since fall 2009.



Mich. Supreme Court to hear septic case from Thumb
Lawyer Blog News | 2011/03/24 12:23

The Michigan Supreme Court says it will decide if judges can order a sewer system when septic tanks fail and spoil a lake.

The court says Thursday it will take an appeal in a case involving Worth Township along Lake Huron in Michigan's Thumb region. State regulators want the township to install a sewer system, but an appeals court said local government isn't responsible for the problems of private property owners.

Some septic systems are failing on a five-mile stretch between M-25 and Lake Huron in Sanilac County. Waste is being discharged into Lake Huron and its tributaries.

Worth Township says it can't build a sewer system without financial help from the state.



NY firm buys RI's WLNE-TV for $4 million
Law Firm News | 2011/03/23 15:29

A Bronxville, N.Y.-based broadcasting company is buying a struggling affiliate of the ABC broadcast network in Rhode Island for $4 million.

A Superior Court judge in Providence approved the bid by Citadel Communications LLC to buy WLNE-TV on Tuesday because it was the only bidder that had struck an affiliation agreement with ABC. The station's expired affiliate agreement had been extended to April 1.

Court-appointed receiver Matthew McGowan says the deal with ABC was decisive because ABC could yank its signal. Three bidders who had not reached a deal with ABC were required to put the money upfront and competitively bid for the station, but they declined to do so.

Global paid $14 million for WLNE-TV in 2007. The firm went into receivership in 2010. Owner Kevin O'Brien did not respond to a call for comment.



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