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Fed court nixes NJ appeal in sports betting case
Legal World News |
2013/09/18 22:40
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A federal appeals court dealt another blow to New Jersey's efforts to legalize sports gambling Tuesday, upholding a ruling that the state's betting law conflicts with federal law and shouldn't be implemented.
The case was heard by a three-judge panel at the 3rd U.S. Circuit Court of Appeals in Philadelphia, and the state could seek to have the case re-heard by the full appeals court. But Tuesday's ruling more likely means New Jersey's last chance to legalize sports gambling is to ask the U.S. Supreme Court to hear the case.
A spokesman for Gov. Chris Christie didn't immediately return a message seeking comment Tuesday, but in the past Christie has said he would go to the nation's highest court if necessary.
Voters passed a sports betting referendum in 2011, and last year New Jersey enacted a law that limited bets to the Atlantic City casinos and the state's horse racing tracks. Bets wouldn't be taken on games involving New Jersey colleges or college games played in the state. Christie said at the time that he hoped to grant sports betting licenses by early this year, but those plans were put on hold.
The NFL, NBA, NHL, Major League Baseball and the NCAA sued the state last year, and the NCAA moved several of its championship events out of New Jersey, though it later relented.
The leagues said the betting law could harm the sanctity of the games. In a court deposition, MLB commissioner Bud Selig said he was "appalled" by Christie's actions.
Attorneys for the state had attacked the 1992 federal Professional and Amateur Sports Protection Act on several constitutional levels. They argued the law unfairly "grandfathered" Nevada, Oregon, Montana and Delaware, which each had some form of sports gambling at the time, and said the law violated state sovereignty and equal protection provisions and trampled the authority of state legislatures under the 10th Amendment. |
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Minn. Supreme Court sides with HIV-positive man
U.S. Legal News |
2013/08/26 18:47
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The Minnesota Supreme Court rejected a prosecutor's effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man, ruling Wednesday that the statute under which he was convicted was ambiguous.
Groups supporting gay rights said the ruling affirms the need for government to respect the personal and private decisions of consenting adults regarding sexual intimacy. The prosecutor contended the case was never a civil rights issue, but rather about protecting the public from people who know they're infected but practice unprotected sex anyway.
The high court affirmed a Court of Appeals decision that reversed the attempted first-degree assault conviction of Daniel James Rick, 32, of Minneapolis, who learned he was HIV positive in 2006. He had consensual sex several times starting in early 2009 with a man identified in court papers as D.B., who tested positive that October.
A jury acquitted Rick in 2011 under the first part of a Minnesota statute that applies to cases involving sex without first informing the other person that the defendant has a communicable disease. But it convicted him under another section that the Supreme Court ruled Wednesday applies only "to the donation or exchange for value of blood, sperm, organs, or tissue and therefore does not apply to acts of sexual conduct." |
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Appeals court affirms AWOL soldier's life sentence
Headline News |
2013/08/21 19:52
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A federal appeals court has affirmed two life terms against an AWOL soldier who planned to detonate a bomb inside a Texas restaurant frequented by Fort Hood soldiers.
Naser Jason Abdo appealed that his arrest was unlawful, that he had been denied access to an expert witness and that he was unfairly charged twice for the same offense. But the 5th U.S. Circuit Court of Appeals in New Orleans on Monday threw out all Abdo's claims, saying the August 2012 sentence stands.
Stan Schwieger, Abdo's lawyer, said the aim of the appeal was to get a trial and now he will most likely request an "en banc" review of the appeal, meaning that all the judges of the 5th Circuit would have to review the three-judge panel's opinion. Such a review is discretionary and, according to Schwieger, only 1 percent of cases that go before the Circuit Court of Appeals get it.
Abdo was AWOL from Fort Campbell, Ky., when he was arrested with bomb-making materials in 2011. A federal jury convicted him in May 2012 on six charges including attempting to use a weapon of mass destruction. Abdo also was found guilty of attempted murder of U.S. officers or employees and four counts of possessing a weapon in furtherance of a federal crime of violence. |
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NY man pleads guilty in Paula Deen extortion case
Headline News |
2013/08/19 22:41
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A New York man pleaded guilty in federal court Friday to trying to extort $200,000 from Paula Deen by threatening to reveal damaging information about the embattled celebrity cook if she didn't pay him to stay quiet.
"I had, I guess, some bad judgment," 62-year-old Thomas George Paculis told a U.S. District Court judge in Savannah.
"I do take responsibility for what I have done."Paculis, of Newfield, acknowledged sending emails to Deen's attorney offering to trade his silence for cash in June. It came a few days after documents became public that revealed the former Food Network star had said under oath that she used racial slurs in the past.
As Deen's culinary empire began to crumble, Paculis claimed he could reveal things that would bring her "financial hardship and even ruin," according to one email that invited Deen's lawyer to "make me an offer I can't refuse."
Neither Paculis nor federal authorities have revealed what sort of dirt the defendant claimed he could dish up regarding Deen or if he truly had any at all. He owned a restaurant in Savannah in the 1990s, but Deen told the FBI she didn't recognize his name or his face. |
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Houston Personal Injury Lawyers - The Salazar Law Firm, PLLC
U.S. Legal News |
2013/08/12 22:16
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Houston based law firm, The Salazar Law Firm, PLLC, offers an entire range of personal injury services to both individuals and businesses. Our firm always strives to meet our client's satisfaction and to get the highest compensation for unexpected accidents.
We are Houston Personal Injury Lawyers who specialize in several areas including: Auto Accidents & Insurance Claims, 18-Wheeler Accidents, Motorcycle Accidents, Catastrophic Injury, Product Liability, Class Actions, and Wrongful Death.
At The Salazar Law Firm, we work hard and pay attention to the details and strive to maximize our clients’ recovery while giving the results in a reasonable time span. We always work on building our client-attorney relationship and want you to feel comfortable coming to us when you need our legal advice. Communication is one of our best assets and we can give you an unbiased evaluation free of charge.
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Ohio kidnap suspect in court, plea talks ongoing
U.S. Legal News |
2013/07/26 17:57
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Prosecutors and lawyers for a Cleveland man accused of holding three women captive in his home for more than a decade signaled Wednesday that they are talking about a possible plea deal.
With a trial less than two weeks away, there was no mention of whether the prosecutor will seek the death penalty. Attorneys for Ariel Castro, 53, say a deal is dependent on taking it off the table.
"My understanding is that the parties have discussed possible pleas and that you're working to see if that would be an effective resolution, is that correct?" Judge Michael Russo asked.
Both sides responded "yes" without elaboration and left the courtroom without commenting. Last month, the judge had mentioned the possibility of a plea deal raised by the defense.
Castro mostly kept his head down during the brief hearing and quietly answered "yes" to routine questions from the judge.
The hearing focused on the trial date, Aug. 5, and whether the prosecution had provided its evidence to the defense in a timely fashion, as required. |
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