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Iowa, Vermont gay marriages spark debate in Calif.
Lawyer Blog News | 2009/04/09 15:53
Both sides of the gay marriage ban approved by California voters are debating how Iowa and Vermont's recent moves to allow same-sex unions will affect their state's running legal battle.


Gay marriage supporters are particularly interested in the Iowa Supreme Court's ruling, which they hope will sway the California Supreme Court to overturn the ballot measure voters passed with 52 percent of the vote in November.

But opponents say the Iowa decision should have no bearing on the essential issue before the high court: Whether voters have the right to amend California's constitution at the polls.

California's Proposition 8, similar to laws in 29 other states that ban gay marriage, was the most expensive ballot measure in the nation, with $83 million poured into campaigns on either side.

The measure was introduced largely as a reaction to the California Supreme Court's decision in May to legalize same-sex unions. That ruling was extensively cited by Iowa justices in their decision released Friday.

California's highly anticipated ruling on Proposition 8 could come any time before June 3. Some 18,000 gay and lesbian couples were wed in the 4 1/2 months it was legal to do so in California.

Shannon Minter, legal director of the National Center for Lesbian Rights, who led the challenge to Proposition 8 in oral arguments before the California court last month, was jubilant Tuesday after Vermont joined Massachusetts, Connecticut and Iowa as the fourth state to allow gay marriage.



3.5M award reviewed over crooked Pa. judges' role
Lawyer Blog News | 2009/04/08 12:27
Pennsylvania's highest court is revisiting a $3.5 million defamation verdict against The Citizens' Voice newspaper because of the role played in it by two former judges at the center of a juvenile justice scandal.


The state Supreme Court on Tuesday appointed a judge to examine the Wilkes-Barre newspaper's claim that corruption was involved in the handling of the lawsuit against it by a businessman and one of his companies. The court wants the judge to recommend whether a new trial is warranted.

The court's order says the newspaper has offered new evidence suggesting irregularities in how the case was handled because of the involvement of former Luzerne County Judges Mark Ciavarella (shiv-uh-REL'-uh) and Michael Conahan.

Ciavarella and Conahan have pleaded guilty to federal fraud charges. Prosecutors say they took kickbacks from private juvenile detention centers.



Investors ask court to free funds in Stanford case
Court Feed News | 2009/04/08 10:28
Investors unable to access $1.7 billion connected to companies owned by Texas billionaire R. Allen Stanford asked a federal appeals court Monday for access to their money.


The holders of about 4,000 accounts had their constitutional rights violated when a district judge in Dallas froze their Stanford-related assets, according to documents filed with the 5th U.S. Circuit Court of Appeals in New Orleans. The pleading also argues that the judge and a court-appointed receiver don't have jurisdiction over an Antigua-based bank connected to the alleged fraud.

The Securities and Exchange Commission filed a lawsuit in February accusing Stanford and his top financial officer of running a "massive Ponzi scheme" that defrauded investors of about $8 billion. Stanford has denied the allegations, and did so again Monday night during a tearful interview aired on ABC's "World News with Charles Gibson."

Attorney Michael Quilling, who represents about 35 account holders, said a favorable ruling on his pleading would result in the court unlocking the 4,000 accounts that the receiver has so far declined to release. He also questioned whether Dallas attorney Ralph Janvey, the court-appointed receiver, has jurisdiction in the case, calling Janvey "a king without a country."

"The big issue here is that right now thousands of Americans are having their due process rights trampled under the guise of an order that is based on no jurisdiction," Quilling said. "This is a second victimization. (Account holders) were victimized by the bank and its fraudulent practices and are now being victimized by the court and the receiver."



Court rules for suspect in dispute over confession
Headline News | 2009/04/06 16:55
The Supreme Court ruled Monday that confessions obtained by federal authorities before a suspect's first court appearance may be inadmissible if more than six hours elapse between an arrest and a court date.


The court said in a 5-4 decision that long delays before a suspect sees a judge can give the government too much leverage over someone who has been arrested.

"Federal agents would be free to question suspects for extended periods before bringing them out in the open, and we have always known what custodial secrecy leads to," Justice David Souter wrote in the majority opinion.

The prisoner in the case, Johnnie Corley, was arrested on suspicion of robbing a credit union in Norristown, Pa. The FBI agents who arrested him did not take him to court for his initial appearance for 29 1/2 hours, during which time they elicited a confession from Corley.

Under federal law and previous court decisions, confessions obtained within six hours of an arrest are presumed to be valid and may be used at trial. The question in Corley's case was what courts should do with confessions when there is a delay before the first court appearance.

The federal appeals court in Philadelphia said Corley's admission that he robbed the bank could be used against him, ruling that the confession was voluntary despite the delay.



Court to decide if good lawyers can get more money
Court Feed News | 2009/04/06 16:54
The Supreme Court will decide whether a judge can award more money to winning lawyers because the judge thought they did a good job.


The high court on Monday agreed to hear an appeal from the state of Georgia over attorney fees for lawyers who sued to force dramatic changes in Georgia's foster care system.

U.S. District Judge Marvin Shoob awarded them $10.5 million in attorney fees, a $4.5 million enhancement on top of a $6 million award. Shoob said he increased the award because of the exceptional results that children's advocates achieved. The 11th U.S. Circuit Court of Appeals refused to overturn his decision.

The class-action lawsuit against Georgia, settled in 2005, prompted the state to reduce worker case loads, improve investigations into abuse and prevent overcrowding in foster homes. Gov. Sonny Perdue, one of the defendants in the lawsuit, authorized hiring 500 additional child welfare workers.

Shoob said the attorneys deserved the award because their lawsuit had beneficial results despite the state's resistance to reform. The state settled the case after fighting it for nearly three years.

Lawyers for Georgia say appeals courts around the nation have split on whether a judge can give lawyers extra money based on their performance.



Court rules against Navajo Nation in coal case
Lawyer Blog News | 2009/04/06 16:54
The Supreme Court has ruled against the Navajo Nation for a second time in its battle with the federal government over whether the tribe should have gotten more money for coal on its land.


The high court, in an unanimous opinion Monday, reversed a decision by the U.S. Court of Appeals for the Federal Circuit, ending the tribe's fight with the government.

"Today we hold, once again, that the tribe's claim for compensation fails," said Justice Antonin Scalia, writing for the court. "This matter should now be regarded as closed."

The sprawling Navajo reservation, which is the nation's largest, covers part of New Mexico, Arizona and Utah. The Peabody Coal Co. has mined coal on tribal lands for decades, paying the tribe taxes and mineral royalties.

In 1985, the tribe alleged that Peabody conspired with then-Interior Secretary Donald Hodel to persuade the tribe to accept a lower royalty than other government officials believed the tribe should be paid.



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