Lawyer News
Today's Date: 4/6/125 | 11:10 P.M. U.S. Attorney News Feed
Court upholds part of child pornography law
Court Feed News | 2008/05/20 15:48
The Supreme Court ruled Monday that leading someone to believe you have child pornography to show or exchange is a federal crime, brushing aside concerns that the law could apply to mainstream movies that depict adolescent sex, classic literature or even innocent e-mails that describe pictures of grandchildren.

The court, in a 7-2 decision, upheld a law aimed at cracking down on the flourishing online exchange of illicit images of children.

Joan Bertin, executive director of the National Coalition Against Censorship, said Justice Antonin Scalia's narrow reading of the law in his majority opinion should result in "considerably less damage than it might otherwise have done." But Bertin said aggressive prosecutors still could try to punish people for innocent activity and put them "through a terrible ordeal."

The ruling upheld part of a 2003 law that also prohibits possession of child pornography. It replaced an earlier law the court had struck down as unconstitutional.

The new law sets a five-year mandatory prison term for promoting, or pandering, child pornography. It does not require that someone actually possesses child pornography.

Opponents have said the law could apply to movies like "Traffic" or "Titanic" that depict adolescent sex or the marketing of other material that may not be pornography.

Scalia, in his opinion for the court, said the law takes a reasonable approach to the issue by applying it to situations where the purveyor of the material believes or wants a listener to believe that he has actual child pornography.

First Amendment protections do not apply to "offers to provide or requests to obtain child pornography," Scalia said.

Likewise, he said, the law does not cover "the sorts of sex scenes found in R-rated movies."

Justice David Souter, joined by Justice Ruth Bader Ginsburg, dissented. Souter said promotion of images that are not real children engaging in pornography still could be the basis for prosecution under the law. Possession of those images, on the other hand, may not be prosecuted, he said.

"I believe that maintaining the First Amendment protection of expression we have previously held to cover fake child pornography requires a limit to the law's criminalization of pandering proposals," Souter said.

Scalia said the law would not apply to a situation in which both sender and recipient were talking about virtual images, not real pictures.

Jay Sekulow, a conservative public interest lawyer who filed a brief on behalf of members of Congress in favor of the law, said the decision reflects the importance of trying to cut down on child pornography on the Internet.

"The court understood, perhaps for the first time, how difficult and troubling the proliferation of online pornography is," said Sekulow, of the American Center for Law and Justice.



Man due in court in NC state investigator's death
Criminal Law Updates | 2008/05/20 15:46
A Charlotte insurance agency owner charged in the death of a North Carolina state insurance investigator is set to appear in court.

Authorities say 40-year-old Michael Arthur Howell (HOW'-el) of Indian Trail is charged with first-degree murder in the death of 44-year-old Sallie Rohrbach (RAW'-bak). Howell's initial court appearance will be held Monday afternoon in Superior Court in Charlotte.

Charlotte-Mecklenburg police continue to look for Rohrbach's body.

Ronhrbach is a Department of Insurance investigator who traveled to Charlotte early last week to audit Howell's Dilworth Insurance Agency. When family and co-workers didn't hear from her by Friday, they called police.

Authorities say Rohrbach's slaying was connected to her duties as an auditor, and that evidence was found in both her car and Howell's vehicle.



Iraqi court resumes trial of Saddam lieutenant
Legal World News | 2008/05/20 13:46
An Iraqi court has resumed hearing the case against Tariq Aziz and seven other former regime officials who face charges in the 1992 execution of dozens of merchants.

Aziz, 72, is the former deputy prime minister and one of Saddam Hussein's best-known lieutenants. He walked into the court Tuesday using a cane.

The other defendants include Saddam's cousin Ali Hassan al-Majid, known as Chemical Ali. He already was sentenced to death in another case.

They are facing charges stemming from the 1992 executions of 42 merchants accused by Saddam's government of profiteering when the country was under strict U.N. sanctions. They face the death penalty if convicted.



Court uphold municipal bond exemption
Lawyer Blog News | 2008/05/19 17:15
The Supreme Court on Monday upheld long-standing state tax exemptions for municipal bonds.

In a 7-2 ruling in a case from Kentucky, the justices permitted states to exempt interest on their own bonds from taxation while taxing residents for interest on bonds issued by other states.

In the $2.5 trillion municipal bond market, 42 states exempt some or all interest on their bonds from income taxes, while taxing interest on bonds from other states.

The states have said that throwing out the system of exemptions that began 90 years ago would have a devastating impact on state finances.

Industry groups warned of possible turmoil in the municipal bond market if the existing setup were dismantled.

In the majority opinion, Justice David Souter said that the state tax exemptions go back to 1919 and have not hindered commerce among the states.

In dissent, Justice Samuel Alito said the majority decision "invites other protectionist laws."

Souter responded that that the dissent "rightly praises the virtues of the free market." But Souter said that overturning the tax exemptions now would upset the market in bonds based on the experience of nearly a century.



Court rejects shorter sentence for
Court Feed News | 2008/05/19 17:15
The Supreme Court says a man with a long criminal record deserves a lengthy prison term, under a federal law aimed at keeping repeat offenders behind bars longer.

Monday's 6-3 decision, written by Justice Samuel Alito, deals with provisions of the Armed Career Criminal Act. The law makes defendants eligible for longer prison terms if they have three prior criminal convictions for crimes that are either violent felonies or serious drug offenses.

A jury convicted Gino Gonzaga Rodriquez of possessing a gun as a convicted felon. Prosecutors said his five prior convictions — two for burglary in California and three for drug trafficking in Washington — should have led to a 15-year prison sentence.

But a federal judge imposed a sentence of 92 months and the 9th U.S. Circuit Court of Appeals in San Francisco agreed.

At issue was what makes a crime a serious drug offense. Judges sometimes look at the length of the sentence prescribed by state law.

In this case, the question was whether the additional time that state law imposed because someone is a repeat offender can be used to trigger the still harsher penalties under the federal sentencing law. The Supreme Court concluded it can.

Justice David Souter, joined by Justices Ruth Bader Ginsburg and John Paul Stevens, dissented. Souter said the court's ruling would make life more complicated for trial courts trying to calculate prison sentences.



Family files lawsuit in metal bat injury case
Court Feed News | 2008/05/19 15:16
The family of a boy who suffered brain damage after he was struck by a line drive off an aluminum baseball bat sued the bat's maker and others on Monday, saying they should have known it was dangerous.

The family of Steven Domalewski, who was 12 when he was struck by the ball in 2006, filed the lawsuit in state Superior Court. It names Hillerich & Bradsby Co., maker of the 31-inch, 19-ounce Louisville Slugger TPX Platinum bat used when Steven was hit.

The lawsuit also names Little League Baseball and Sports Authority, which sold the bat. It claims the defendants knew, or should have known, that the bat was dangerous for children to use, according to the family's attorney, Ernest Fronzuto.

"People who have children in youth sports are excited about the lawsuit from a public policy standpoint because they hope it can make the sport safer," Fronzuto said after filing the suit Monday morning. "There are also those who are skeptical of the lawsuit and don't see the connection between Steven's injury and the aluminum bat."

Little League denies any wrongdoing, as does the bat manufacturer. Sports Authority has not responded to several telephone messages seeking comment.

Steven was pitching in a Police Athletic League game when he was hit just above the heart by a line drive. His heart stopped beating and his brain was deprived of oxygen for 15 to 20 minutes, according to his doctors.

Although he was not playing in a Little League game, the organization is being sued because it gave its seal of approval to the bat, certifying it as safe for use by children, Fronzuto said.



[PREV] [1] ..[888][889][890][891][892][893][894][895][896].. [1275] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Hungary welcomes Netanyahu a..
US immigration officials loo..
Appeals court rules Trump ca..
Turkish court orders key Erd..
Under threat from Trump, Col..
Military veterans are becomi..
Japan’s trade minister fail..
Supreme Court makes it harde..
Trump signs order designatin..
US strikes a deal with Ukrai..
Musk gives all federal worke..
Troubled electric vehicle ma..
Elon Musk has called for the..
Elon Musk dodges DOGE scruti..
Trump White House cancels fr..
Trump order aims to end fede..
Federal Judge Blocks Trump’..
FOCUS - President Trump prop..
Supreme Court allows small b..
South Korea’s Yoon defends ..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design