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Feds: Ruling led to dismissal against Westar execs
Legal Career News |
2010/08/24 15:57
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A recent U.S. Supreme Court ruling requiring proof of kickbacks or bribes in prosecutions involving the theft of so-called honest services left prosecutors with "little choice" but to dismiss charges against two former Westar Energy executives, the U.S. attorney's office said Monday. "The law no longer supported our position," U.S. Attorney Barry Grissom said in a statement. "We were duty-bound not to go forward with the prosecution." Former Westar Chief Executive David Wittig and his top strategy officer, Douglas Lake, were charged in 2003 with conspiring to inflate their compensation from the Topeka-based utility and taking steps to hide their actions. U.S. District Judge Julie Robinson dismissed all charges against them Friday at the request of federal prosecutors. That prompted Jim Ludwig, Westar Energy's executive vice president, to issue a statement saying the company disagreed with the Justice Department's decision and planned to pursue civil claims in an arbitration proceeding that had been put on hold pending the criminal case. He noted investors, who had borne the damages and expenses, had not received any restitution.
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ACLU asks Supreme Court to hear Va alcohol ad ban
Lawyer Blog News |
2010/08/24 12:54
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The ACLU of Virginia is asking the U.S. Supreme Court to review a federal appeals court ruling that bans alcohol advertising in Virginia's college newspapers. In a 2-1 ruling in April, the 4th U.S. District Court of Appeals concluded that the Virginia Alcoholic Beverage Control Commission ban is a minimally restrictive approach to combat problem drinking. The American Civil Liberties Union filed a petition on Monday asking the high court to review the ruling, saying a ban on truthful advertising is only constitutional if it advances "important societal goals." ACLU legal director Rebecca Glenberg said the ban doesn't meet that standard because there is no evidence that banning the ads diminishes underage or binge drinking on campus.
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Attorney: Great Lakes waterways a 'carp highway'
Headline News |
2010/08/24 11:57
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Five states are asking a federal judge in Chicago to take emergency action to close two shipping locks and install barriers to prevent Asian carp from overrunning the Great Lakes via a "carp highway." At the first hearing in the case Monday, Judge Robert M. Dow Jr. showed no signs of rushing into a decision. He scheduled Sept. 7 and 8 to hear expert testimony in the case, including from scientists about the environmental DNA testing that has found genetic material from Asian carp in Illinois waterways near Lake Michigan. The judge's questions reflected awareness of the DNA test's limits. "Could it have been from something that ate a fish?" the judge asked about carp DNA found in water samples. Michigan assistant attorney general Robert Reichel acknowledged a bird that ate an Asian carp could excrete carp DNA into the water. The states' experts believe it's more likely that the findings show the recent presence of carp, Reichel told the judge. The judge also asked about a single 20-pound carp discovered in June, the first to be found in a Chicago waterway above the electric barrier system. The judge asked whether scientists could pinpoint how it got there.
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Okla. court hears arguments on new Medicaid fee
Court Feed News |
2010/08/24 10:57
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An attorney for Insurance Commissioner Kim Holland's office asked the Oklahoma Supreme Court Monday to strike down a new law designed to raise revenue for the state's Medicaid program. Attorney Michael Ridgeway told the high court state lawmakers did not follow constitutional guidelines when they passed the bill. Their errors included failing to get a required three-fourths vote of the House and Senate, he said. The law sets a 1 percent fee on claims paid by private health insurers and companies with self-insured health care plans to support Medicaid, which provides health care to low-income and elderly residents. Attorneys for the Oklahoma Health Care Authority, the state's Medicaid provider, and other state agencies urged the court to uphold the new law and said it was meant to increase residents' access to health care services provided by Medicaid.
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Ruling overturning Prop 8 shaped for higher courts?
U.S. Legal News |
2010/08/23 15:43
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When U.S. District Judge Vaughn Walker struck down California's Proposition 8—the 2008 ballot initiative to outlaw gay marriage—he said the motivation for the majority of voters was clear. "The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote in his sweeping, 136-page decision announced August 4 in San Francisco. "These interests do not provide a rational basis for supporting Proposition 8." In Walker's reasoning, religion amounts to a "private moral view," which should not infringe upon the constitutional rights of others. While some legal scholars say Walker's decision lands on firm legal ground—a law must advance a secular purpose to pass constitutional muster—some religious leaders accuse the judge of trying to scrub faith from the public square. On August 5, Prop 8's supporters filed an appeal of Walker's decision. Jim Campbell, an attorney with the Alliance Defense Fund, a conservative Christian law firm involved in the litigation, said the religious freedom argument will play an important role as the case moves up the federal judicial ladder—including, potentially, the U.S. Supreme Court.
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'Grim Sleeper' arraignment set for Monday
Criminal Law Updates |
2010/08/23 14:43
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Lonnie Franklin Jr., the suspect in the "Grim Sleeper" serial killings, is scheduled to be arraigned Monday morning in a Los Angeles, California, courtroom on 10 counts of murder. Franklin is accused of killing 10 women in the south Los Angeles area between 1985 and 2007. Nicknamed for taking long breaks between attacks, the "Grim Sleeper" is believed responsible for at least 10 deaths between 1985 and 2007 in south Los Angeles. The killer targeted black women, some working as prostitutes, using the same small caliber weapon. Los Angeles police arrested Franklin on July 8 by comparing DNA found at some of the crime scenes with the DNA of the suspect's son, who was in a California lockup. Five days after his arrest, Franklin was attacked in jail. Inmate Antonio Rodriguez and Franklin were in an attorney waiting room when the assault happened, said Steve Whitmore, a sheriff's department spokesman. Rodriguez was not in handcuffs at the time and apparently recognized Franklin. Without being provoked, Rodriguez hit Franklin in the head twice, and he suffered minor injuries, Whitmore said.
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