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Court: Ga. sex offender law is unfair to homeless
Court Feed News | 2008/10/28 01:48
Georgia's top court ruled Monday that a provision in Georgia's strict new sex offender law is unconstitutional because it fails to tell homeless offenders how they can comply with the law.

The law is designed to keep sex offenders away from children by monitoring how close they live to schools, parks and other spots where kids gather. But critics say it unfairly subjects homeless offenders to a life sentence if they fail to register a home address.

The Georgia Supreme Court's 6-1 decision Monday found the law's registration requirements were "unconstitutionally vague." The opinion also held that homeless offenders are not exempt from the statute, and suggested special reporting requirements for the homeless.

The case involves William James Santos, a homeless man and convicted sex offender who was kicked out of a Gainesville homeless shelter in July 2006 and was arrested three months later on charges he failed to register with Georgia's sex offender list.



NY man named with Leno in lawsuit commits suicide
Lawyer Blog News | 2008/10/24 01:55
A parking garage executive sued along with "Tonight Show" host Jay Leno over their purchases of valuable vintage cars apparently has killed himself in upstate New York.

Police in Warwick said Dennis Ricca died Oct. 17 of a single gunshot wound to the head. The 55-year-old was found behind the wheel of his pickup truck in the driveway of his summer home in Greenwood Lake, about 50 miles northwest of Manhattan. A 9 mm handgun was by his side.

Ricca was found three days after he and Leno were sued by the estate of Macy's department store heir John W. Straus. The lawsuit, filed in state Supreme Court in Manhattan, accuses them of knowingly buying valuable cars after an improper auction rigged to wrest the vehicles from Straus when he was ill.

Court papers said Leno paid $180,000 for a 1931 Duesenberg that was worth $1.2 million, and Ricca bought a 1930 Rolls Royce for an unknown amount. The cars were worth a total of $1.7 million and had been in the Straus family for 75 years, court papers say.

The lawsuit said parking garage owner Garage Management Corp. claimed it auctioned the long-stored cars to satisfy unpaid bills, although they actually had been paid. Ricca was the company's director of maintenance at the Upper East Side garage where the two cars were parked.



Court considers case on judicial ethics
Lawyer Blog News | 2008/10/10 22:23
 Supreme Court justices regularly confront cases involving companies they own shares in or that employ a family member. The decision is easy — the justices have a conflict of interest that forces them to play no role in the case.

But what happens when the issue is less clear and a judge has the appearance of a conflict, but no personal stake in the outcome of a dispute? The court is considering a case that asks whether the Constitution requires judges to step aside in that instance.

The justices met in private Friday to discuss a lawsuit over a coal contract in West Virginia in which a state Supreme Court justice rejected calls to step aside because the leader of one company in the case spent more than $3 million to help him get elected.

Justice Brent Benjamin twice was in the majority in 3-2 decisions overturning a $50 million jury verdict against Massey Energy Co. Don Blankenship, Massey's president, chairman and chief executive officer, was a key Benjamin backer. Two other state court justices recused themselves from the case the second time it was under consideration.

The losing party, Harman Mining Corp., says the appearance of bias by Benjamin is so strong that Harman's constitutional rights were violated. Former Solicitor General Theodore Olson is representing Harman.



Conn. high court rules same-sex couples can marry
Lawyer Blog News | 2008/10/10 22:18
Connecticut's Supreme Court has ruled that same-sex couples have the right to marry, making that state the third behind Massachusetts and California to legalize such unions.

The court agreed with the plaintiffs, who said the state's marriage law discriminates against them because it applies only to heterosexual couples, therefore denying gay couples the financial, social and emotional benefits of marriage.

Eight same-sex couples sued in 2004, saying their constitutional rights to equal protection and due process were violated when they were denied marriage licenses.



Ore. court rules frozen embryos can be destroyed
Lawyer Blog News | 2008/10/09 18:31
The Oregon Court of Appeals has ordered six frozen embryos destroyed after ruling they can be treated as personal property in a divorce.

The court ruled unanimously on Wednesday that an agreement leaving the final decision up to the ex-wife must be followed.

Dr. Laura Dahl, a pediatrician, and her former husband, Dr. Darrell Angle, an orthodontist, had attempted to conceive through in vitro fertilization.

After several failed attempts, the couple gave up and left the embryos with Oregon Health & Science University under an agreement that spelled out how they would be stored.

Dahl decided to have the embryos destroyed, but Angle had argued they should be donated to other couples trying to conceive.

In an opinion by Presiding Judge Rex Armstrong, the court ruled there is a contractual right to determine the fate of the embryos as personal property.

But Armstrong noted there is little guidance on who gets to make that decision in a divorce, so the court relied on a 1998 New York state case that held agreements on what to do with embryos after in vitro fertilization are binding.

Armstrong — noting the ruling in New York — said that it should be the parents, "not the state and not the courts, who by their prior directive make this deeply personal life choice."

Dahl said she opposed her ex-husband's recommendation that the embryos be donated to another woman for implantation because she did not want anybody else to raise her child.

Dahl also was concerned that any child born as a result of implantation might later wish to contact the son who she and Angle had previously conceived naturally.

The court noted that Angle "does not argue that the agreement itself is ambiguous or invalid for public policy reasons" and affirmed a Clackamas County Circuit Court ruling that he agreed his ex-wife would make the final decision.



Wis. judicial panel: Punish new judge for false ad
Court Feed News | 2008/10/08 15:41
State regulators say a Willie Horton-style campaign ad that suggested the first black member of the Wisconsin Supreme Court freed a child molester played so loose with the truth that the court's newest member should be disciplined for it.

The Wisconsin Judicial Commission filed a complaint against Justice Michael Gableman on Tuesday, claiming he violated a rule that prohibits judicial candidates from knowingly misrepresenting facts about their opponents.

Gableman was the first challenger to defeat an incumbent justice in 41 years when he knocked off Louis Butler in the April election with 51 percent of the vote. Gableman, 42, joined the court for a 10-year term in August.

During the campaign, Gableman faced intense criticism from independent observers when his campaign ran a television ad that showed a picture of Butler, the state's first black justice, next to a mug shot of convicted rapist Reuben Lee Mitchell, who is black. A narrator said: "Butler found a loophole. Mitchell went on to molest another child."

When Butler was a public defender, he represented Mitchell on the appeal of his 1985 conviction for raping an 11-year-old girl.

Butler convinced an appeals court that Mitchell deserved a new trial because certain evidence should not have been allowed. The Supreme Court overturned that decision and Mitchell served his full sentence. After his release on parole in 1992, Mitchell was convicted of raping a 14-year-old girl and sentenced to 40 years in prison.



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