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California prisons prepare for gay weddings
Lawyer Blog News | 2008/08/29 12:23
Now that same-sex couples can get married in California, state prison officials are trying to figure out what that means for gay inmates.

No prisoners so far have sought to arrange weddings with same-sex partners since the state Supreme Court granted same-sex couples the right to wed as of mid-June, according to Michele Kane, spokeswoman for the California Department of Corrections and Rehabilitation.

Nonetheless, department lawyers are drafting guidelines to bring the state's 33 adult prisons into compliance with the court's ruling that same-sex couples must be treated the same as opposite-sex couples under the California Constitution, Kane said.

What they have determined so far is that would mean allowing gay inmates to marry someone on the outside, but not a fellow prisoner — the same rules that apply to straight inmates, according to Kane.

"They will have the same marriage rights as other inmates — they will be able to marry non-inmates, but barred from marrying other inmates in prison," she said.

Prison officials were concerned that allowing two men or two women in the same prison to get married would pose novel safety and security concerns, according to Kane.



Court: US can block mad cow testing
Legal Career News | 2008/08/29 11:22
A federal appeals court says the government can prohibit meat packers from testing their animals for mad cow disease.

Because the Agriculture Department tests only a small percentage of cows for the deadly disease, Kansas meatpacker Creekstone Farms Premium Beef wants to test all of its cows. The government says it can't.

Larger meat companies worry that if Creekstone is allowed to perform the test and advertise its meat as safe, they could be forced to do the expensive test, too.

The U.S. Court of Appeals for the District of Columbia Circuit on Friday overturned a lower court ruling that would have cleared the way for the testing. The appeals court said restricting the test is within the scope of the government's authority.



Mexican Supreme Court upholds legal abortion
Legal World News | 2008/08/29 11:21
Mexico's Supreme Court upheld the capital's abortion law Thursday, setting a precedent for the rest of the country that could inspire other Latin American cities.

Mexico City is one of the few places in Latin America that allows abortion without limitations in the first trimester, although abortion rights groups complain most doctors still refuse to do the procedure.

Within minutes of the 8-3 vote in favor of the law, abortion rights groups were thinking of ways to expand the decision to other parts of Mexico and even Latin America, where abortion is virtually unheard of.

"It opens the road for all of Latin America to start visualizing legal paths to abortion," said Raffaella Schiavon, who directs the international abortion rights group Ipas and has been advising the city government.

Mexico City officials said they were preparing to help other local governments in the region interested in approving similar laws.

Elsewhere in Mexico, abortion is allowed only in cases of rape, when the mother's life is in danger or if the fetus has severe deformities. That is standard across Latin America, where only Cuba and Guyana allow abortions without restrictions in the first trimester. Nicaragua banned abortion in all cases in 2006.

Anti-abortion groups were mobilizing to fight other local attempts to legalize abortion.



Ex-lawyer for Detroit mayor sues over unpaid fees
Headline News | 2008/08/28 15:10
A former lawyer for Detroit Mayor Kwame Kilpatrick has filed a lawsuit against the mayor claiming he's owed about $80,000 in fees stemming from his work after Kilpatrick's text-message scandal surfaced.

William Moffitt of Alexandria, Va., on Wednesday filed the lawsuit in Wayne County Circuit Court. Moffitt was hired by Kilpatrick in February and replaced before Kilpatrick was charged with perjury in March. Moffitt contends in the lawsuit that Kilpatrick has continually refused to pay the bill.

Mayoral spokesman Marcus Reese told the Detroit Free Press it's unfortunate Moffitt decided to air an administrative issue in public, and his office will respond accordingly.

Kilpatrick faces eight felony counts in the perjury case and two felony counts in a separate assault case.



Judge fears secret hearings over Guantanamo Bay
Lawyer Blog News | 2008/08/28 15:10
A federal judge overseeing cases against dozens of Guantanamo Bay detainees said Wednesday that he fears the public — and the detainees themselves — will be locked out of the courtroom when evidence in the case is scrutinized for the first time.

Hundreds of detainees are awaiting hearings in a Washington federal court in the coming months to determine whether they were properly labeled enemy combatants and imprisoned without being charged.

U.S. District Judge Richard J. Leon, who has said he wants to resolve the 24 cases assigned to him before the next president is sworn in, urged President Bush's administration to find a way for at least part of those cases to be held in public.

"If it can't be done, I have great concern that these hearings will be virtually or exclusively classified, closed to the public and, I might add, to the detainees," Leon said.

Leon said he would try to run a secure phone line from the military base in Guantanamo Bay, Cuba to his courtroom so the detainees can listen to the hearing. Because prisoners are prohibited from hearing classified information, however, that effort would be useless if the entire hearing were classified.



Man who sparked Obama threat probe due in court
Lawyer Blog News | 2008/08/28 15:09
The Colorado man who authorities say made racist threats against Barack Obama is scheduled to be formally charged on state drug and weapons offenses.

Tharin Gartrell is due in Arapaho County Court on Thursday.

Authorities say police found scoped rifles, wigs, fake IDs and a bulletproof vest in the 28-year-old's rented truck after he was pulled over in the Denver area last weekend, ahead of the Democratic National Convention there. The resulting investigation led to the arrest of Gartrell and two other men who authorities say talked about killing Obama.

The U.S. Attorney's Office later said Gartrell and the other men were drug users making racists threats and had no firm assassination plot, and no capacity to carry out any attack.



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