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Colo. school shooting suspect pleads not guilty
Criminal Law Updates |
2010/07/13 11:19
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A man accused of shooting and wounding two eighth-graders outside their middle school pleaded not guilty Monday by reason of insanity. Bruco Strong Eagle Eastwood, 32, entered his plea in Jefferson County District Court, and was ordered to undergo a mental evaluation at the state Mental Health Institute in Pueblo. The evaluation would take at least 45 days. Eastwood faces 15 charges, including attempted first-degree murder in the Feb. 23 shootings outside Deer Creek Middle School in south suburban Denver. Teachers tackled and restrained Eastwood until deputies arrived. He faces decades in prison if convicted of the charges or an indefinite amount of time in a mental health institute if found not guilty by reason of insanity. Before Eastwood accepted the plea, District Judge Christopher Munch told him that "commitment could be the rest of your life." Eastwood nodded that he understood. Prosecutors are seeking access to observations of Eastwood's actions in jail and conversations between Eastwood and a psychologist made on a jail phone. Chief Deputy District Attorney Steve Jensen said during Monday's court hearing that because Eastwood is making his mental health an issue in the case, Eastwood's private medical records are no longer private.
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Judicial Vacancies Slow the Wheels of Justice
Headline News |
2010/07/12 16:26
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As the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling. Currently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system. ABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap. We have speedy trial rules that require them to put criminal cases first. As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.” Even if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth. In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships. Beyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees. Lamm noted that most nominees have moved through the Senate with little dissent and little delay. When they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate…. No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm.
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Chicago's tough new gun ordinance goes into effect
Lawyer Blog News |
2010/07/12 16:20
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A new gun ordinance in Chicago that officials say is the strictest of its kind in the country went into effect on Monday. The ordinance was pushed through quickly by Mayor Richard Daley and the City Council after the U.S. Supreme Court last month made the city's 28-year-old handgun ban unenforceable. The high court ruled that Americans have the right to have guns in their homes for protection. The ordinance permits residents to have only one working gun at a time in their homes and prohibits them from stepping outside, even onto their porches or in their garages, with a handgun. Following the lead of Washington, D.C., which enacted a strict ordinance after the Supreme Court struck down its gun ban two years ago, Chicago also requires prospective gun owners to take a class and receive firearms training. Chicago's ordinance also bans gun shops from setting up shop in the city and bars anyone convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs from owning a handgun. Also starting Monday is a 90-day grace period in which residents who owned handguns illegally during the ban can register them without penalty. Chicago's ordinance was widely criticized by gun rights advocates, who have said the city is simply trying to make it as difficult as it can for people to own guns and putting up unconstitutional roadblocks in their way. They promised lawsuits and last week, even before the ordinance went into effect, at least two lawsuits were filed challenging the constitutionality of the ordinance.
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Treasury: 4.5M hires qualify for new tax break
Lawyer News |
2010/07/12 12:25
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Businesses have added 4.5 million workers under a new program that provides tax breaks for hiring unemployed workers, the Treasury Department said Monday. It is unclear, however, how many of those workers would have been added without the tax break. President Barack Obama signed a law in March that exempts businesses hiring people who have been unemployed for at least 60 days from paying the 6.2 percent Social Security payroll tax through December. Employers get an additional $1,000 credit if new workers stay on the job a full year. Treasury released a report Monday estimating that from February to May, businesses added 4.5 million workers who qualify for the tax breaks. Those businesses are projected to save $8.5 billion in taxes.
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Immigration to rich countries fell during crisis
Legal World News |
2010/07/12 09:25
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Immigration to rich countries dropped during the global economic crisis, reversing five years of annual increases as the demand for labor fell, the Organization for Economic Cooperation and Development said Monday. A report showed that 4.4 million people migrated to the OECD's 31 member countries — the world's most developed economies — in 2008. That is a drop of about 6 percent from the year before. The fall reverses five years of annual increases of 11 percent, the OECD said in its International Migration Outlook 2010. National data suggest that international migration fell again in 2009. Unemployment among male immigrants has risen more than among native counterparts because many immigrants worked in industries badly hit by the crisis, such as construction, hotels and restaurants, the OECD said. Still, few are returning home, it said. In some countries, employment of female immigrants has risen as women take jobs to make up for lost income of their unemployed spouses, it said. |
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Law firm sued over local construction defect case
Legal Career News |
2010/07/09 16:37
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A Southern California law firm that has won more than $17 million from construction defect court settlements in the Sacramento area is being sued by former clients for legal malpractice. Eleven local parties allege Lee Jackson, a partner in the Santa Monica office of Milstein, Adelman & Kreger LLP, misled them and settled a construction defect lawsuit against U.S. Home Corp. for less than 10 percent of the estimated cost of repairs. The lawsuit, filed June 18 in Sacramento County Superior Court, alleges negligence, breach of contract, breach of fiduciary duty and fraud on the part of the Milstein firm. The suit demands damages of $1.5 million plus interest, punitive damages, fees and court costs. “These people don’t feel they got adequate representation,” said Eugene Haydu, a Sacramento attorney who represents the plaintiffs. “We (attorneys) have a special duty to homeowners. Most of this is brand new to them and they can be taken advantage of — that’s what I think is most egregious."
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