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QB Mauk takes appeal for another season to court
Court Feed News | 2008/09/04 15:59
Former Cincinnati quarterback Ben Mauk is taking his case for another year of college football before a judge in the northwest Ohio town where his playing career started.

At a hearing in Kenton, Mauk was on the witness stand Thursday testifying about a long history of foot problems that began before his freshman year at Kenton High School. His lawyers say those foot issues lingered, making Mauk unable to play his first season at Wake Forest. He later transferred to the University of Cincinnati.

Mauk wants to play one more season with the Bearcats but has been turned down five times by the NCAA, most recently Wednesday.

His attorneys have requested a permanent injunction and are arguing that he should be granted a sixth year of college football eligibility.



Detroit mayor expected to make plea in court
Lawyer Blog News | 2008/09/04 15:58
After months of defiantly holding onto his office, Mayor Kwame Kilpatrick appeared ready to give it up as part of a plea deal with prosecutors in a sex-and-misconduct scandal that has embarrassed the nation's 11th-largest city for months.

The Wayne County prosecutor's office, which has charged Kilpatrick with eight felonies in his perjury case, said the plea would take place during a scheduled docket conference before Circuit Court Judge David Groner on Thursday morning.

And while the mayor's lawyers later insisted that no deal had been struck, Kilpatrick spokesman Chris Garrett confirmed negotiations toward a plea were continuing.

It was "apparent that they are close," Kilpatrick attorney James Thomas said late Wednesday, adding that he was unsure if the deal being negotiated included any jail time for the mayor.

The mayor would automatically be expelled from office if he is convicted of a felony. Kilpatrick also faces assault charges stemming from a confrontation in July.

The announcement of a potential deal by the prosecutor's office interrupted an extraordinary hearing Wednesday in which Gov. Jennifer Granholm is tasked with deciding if Kilpatrick should be removed from office for misconduct for his role in an $8.4 million whistle-blowers' settlement.

The governor's spokeswoman, Liz Boyd, said the removal hearing's second day would resume Thursday, an hour after Kilpatrick's appearance ends in Wayne County Circuit Court. A deal to resign would make Granholm's role moot.

The City Council has asked Granholm to use her constitutional authority to expel Kilpatrick for misconduct, saying it was misled when it approved the settlement last year with fired police officers.

Council members said they didn't know the deal carried secret provisions to keep a lid on steamy text messages between Kilpatrick and Christine Beatty, who was his chief of staff, on city-issued pagers.



Attacks, praise stretch truth at GOP convention
Law & Politics | 2008/09/04 08:00
Alaska Gov. Sarah Palin and her Republican supporters held back little Wednesday as they issued dismissive attacks on Barack Obama and flattering praise on her credentials to be vice president. In some cases, the reproach and the praise stretched the truth.

Some examples:

PALIN: "I have protected the taxpayers by vetoing wasteful spending ... and championed reform to end the abuses of earmark spending by Congress. I told the Congress 'thanks but no thanks' for that Bridge to Nowhere."

THE FACTS: As mayor of Wasilla, Palin hired a lobbyist and traveled to Washington annually to support earmarks for the town totaling $27 million. In her two years as governor, Alaska has requested nearly $750 million in special federal spending, by far the largest per-capita request in the nation. While Palin notes she rejected plans to build a $398 million bridge from Ketchikan to an island with 50 residents and an airport, that opposition came only after the plan was ridiculed nationally as a "bridge to nowhere."

PALIN: "There is much to like and admire about our opponent. But listening to him speak, it's easy to forget that this is a man who has authored two memoirs but not a single major law or reform — not even in the state senate."

THE FACTS: Compared to McCain and his two decades in the Senate, Obama does have a more meager record. But he has worked with Republicans to pass legislation that expanded efforts to intercept illegal shipments of weapons of mass destruction and to help destroy conventional weapons stockpiles. The legislation became law last year. To demean that accomplishment would be to also demean the work of Republican Sen. Richard Lugar of Indiana, a respected foreign policy voice in the Senate. In Illinois, he was the leader on two big, contentious measures in Illinois: studying racial profiling by police and requiring recordings of interrogations in potential death penalty cases. He also successfully co-sponsored major ethics reform legislation.



Federal judge to appear in court on sex charges
Legal Career News | 2008/09/03 15:48
U.S. District Judge Samuel Kent, usually in charge of dispensing justice, is to find himself on the other side of the bench as a defendant.

Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation. He is facing two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.

If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000.

Kent's attorney, Dick DeGuerin, has said his client is innocent and will stay on the bench while he awaits trial.

Kent's former case manager, Cathy McBroom, accused the judge of physically harassing her in a sexual manner over a four-year period, starting in 2003. The final incident was in March 2007, when she said the judge pulled up her blouse and bra and tried to escalate contact until they were interrupted.

Her accusations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him.

As part of the judicial council's punishment, Kent was transferred to the busy Houston federal courthouse, where McBroom was relocated after reporting her allegations. Kent had been the only U.S. District Court judge in Galveston, an island beach town 50 miles southeast of Houston.

Until his indictment, Kent was known for writing humorous rulings peppered with sarcastic scoldings of lawyers. Kent, a federal jurist in Galveston since President George H.W. Bush appointed him in 1990, has not presided over any high-profile cases.

Kent is the first federal judge to be charged with sex crimes. Most other indictments of federal judges have involved corruption or other financial misdeeds.



ACLU: Too many tickets for profanity in Pittsburgh
Court Feed News | 2008/09/03 12:50
City police wrote nearly 200 disorderly conduct citations over a 32-month period for swearing, obscene gestures and other acts deemed disrespectful, a number that a civil rights group said was unacceptable and showed a lack of officer training.

After filing a Right to Know request, the American Civil Liberties Union found 188 such citations between March 1, 2005, and Oct. 31.

"Nobody likes to get sworn at, but you can't make it a crime," said Witold Walczak, legal director for the American Civil Liberties Foundation of Pennsylvania.

The ACLU's request came in connection with a federal lawsuit involving David Hackbart, who was cited after allegedly making an obscene gesture at another driver, and then at a police sergeant. In a recent court filing, the city said the citation was not for Hackbart's gestures, but because he was blocking traffic.

Walczak told The Pittsburgh Post-Gazette that the city had initially claimed it had only one disorderly conduct citation involving rude remarks to police or other people over that period. He called the additional citations evidence that the department had failed to adequately train its officers.

Walczak said officers were wrong to cite a woman who said, "I'm a (expletive) passenger," during a traffic stop; a woman who was "swearing profanities to a companion in front of the Girl Scouts"; and a man who "engaged in loud noise, racial slurs and pig remarks."

City attorney Michael Kennedy declined to comment on Hackbart's case and told the newspaper he could not explain the difference between the 188 citations found in court records and the one citation claimed by city police.

In 2002, a Pittsburgh man won a $3,000 jury verdict for malicious prosecution after being cited for a traffic dispute in which he cursed at officers.



Suit against gay marriage recognition in NY tossed
Lawyer Blog News | 2008/09/03 11:48
A judge has thrown out the first direct legal challenge to the New York governor's move to recognize same-sex marriages performed in other states, calling the policy a legally allowable stand for fairness.

A decision by gay couples to wed represents "a personal expression of emotional devotion, support and interdependence and a public commitment," state Supreme Court Judge Lucy Billings wrote in a decision issued Tuesday. "With that validity, they expect equal treatment with other married couples."

Thousands of gay New Yorkers over the next few years are expected to make use of Massachusetts' recent decision to let out-of-state gay couples marry there. The Christian legal organization that brought the New York case said it would appeal, while gay-rights and civil-liberties groups hailed the ruling as strengthening legal support for same-sex couples.

In a statement, Gov. David Paterson called it "a wise and fair determination."

Same-sex couples cannot marry in New York, and the state's highest court has said only the Legislature has the authority to change that. But Paterson's counsel told state agencies in May that a recent state appellate court ruling required them to recognize gay marriages legally performed elsewhere or risk discrimination claims.

The directive prompted a lawsuit from the Alliance Defense Fund, an Arizona-based group that has repeatedly challenged attempts to extend spousal rights to gay couples in New York. Several Republican state senators had signed onto the latest suit.

The alliance is involved in cases around the country that concern gay marriage, abortion, school prayer and other social issues. It already had several ongoing cases over attempts to extend spousal rights to gay couples in New York.



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