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Court to hear appeal over medicating Loughner
Court Feed News |
2011/08/30 16:07
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A federal appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.
At issue in Jared Lee Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.
Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.
Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.
He has been at a federal prison facility in Springfield, Mo., since late May after mental health experts determined he suffers from schizophrenia and a judge ruled him mentally unfit to stand trial. He was sent to the facility in a bid to restore his mental competency so he can assist in his legal defense.
Loughner was forcibly medicated from June 21 to July 1 after prison doctors concluded that he was a danger. His attorneys appealed U.S. District Judge Larry Burns' ruling that said Loughner could be forcibly medicated in prison. |
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Court to hear appeal over medicating Loughner
Lawyer Blog News |
2011/08/30 15:07
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An appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs.
At issue in Jared Loughner's appeal before the 9th Circuit Court of Appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.
Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.
Loughner pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.
He has been at a Missouri prison facility since late May in a bid to make him mentally fit to stand trial. |
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Wyoming Supreme Court rules for bar owners
Legal Career News |
2011/08/30 11:08
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The Wyoming Supreme Court has ruled that state law protects bar owners from lawsuits arising from the actions of their intoxicated patrons.
In a split decision Friday, the court upheld a lower court ruling against relatives of a Ten Sleep couple who died in a head-on crash in 2008. The couple's relatives had sued the owners of two Big Horn County saloons claiming they continued to serve the driver who plowed into the couple after he was drunk.
The court majority ruled state law from the 1980s holds bar owners can't be held liable for their patrons' actions.
Chief Justice Marilyn S. Kite and Justice William Hill filed a dissenting opinion saying they would allow lawsuits against bar owners if they violated local ordinances against serving alcohol to intoxicated persons. |
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House GOP to spike rules as part of jobs agenda
Lawyer Blog News |
2011/08/29 16:12
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The House Republican agenda this fall will focus on repealing environmental and labor regulations that GOP lawmakers say are driving up the cost of doing business and discouraging employers from hiring new workers.
House Majority Leader Eric Cantor, R-Va., says in a memo to his fellow Republicans that as soon as Congress returns to Washington next week he will start bringing up bills to repeal or restrict federal regulations. He also said the House would also act on a small business tax deduction.
The memo was released Monday.
The GOP approach to job creation comes as President Barack Obama prepares to announce after Labor Day a broad jobs package expected to include tax cuts, infrastructure projects and help for the unemployed.
"By pursuing a steady repeal of job-destroying regulations, we can help lift the cloud of uncertainty hanging over small and large employers alike, empowering them to hire more workers," Cantor said in his memo.
He said that in the first week after Congress returns from its August recess the House will vote on a bill preventing the National Labor Relations Board from restricting where an employer can locate in the United States.
The bill is in response to an NLRB lawsuit against Boeing Co. claiming that the manufacturer violated labor law in opening up a new airplane production line in South Carolina. The agency alleged that Boeing was punishing workers in Washington state for past strikes and wants the company to return the work to Washington. Boeing denies the claims. |
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Husband of Ohio ex-fugitive to plead guilty
Lawyer Blog News |
2011/08/29 16:09
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The husband of a former fugitive who spent more than two years in Mexico following her conviction in Ohio in a $1.9 billion corporate fraud has agreed to plead guilty to lying to investigators about her whereabouts, according to documents made public Friday.
U.S. marshals say their search for Rebecca Parrett was hurt by false information they received from Gary Green in 2008 and 2009.
Green is expected to receive a five-month prison sentence followed by five months of house arrest, federal public defender Steve Nolder said Friday.
"Obviously the statements he made were false and had direct impact on the government's case," Nolder said. "In that regard, there's no getting around the charge."
But Nolder said Green, now living with his daughter in Los Angeles, eventually cooperated with investigators after he was charged and gave them information that allowed them to seize assets of Parrett.
The tentative sentence is on par with the six-month sentence that Parrett's sister, Linda Case, received in July 2010 for lying to federal investigators searching for Parrett.
Parrett was arrested in Mexico last year, more than two years after she fled the country rather than appear for her sentencing in a corporate fraud case investigators likened to the Enron or WorldCom scandals.
Parrett had disappeared in March 2008 after she was convicted of securities fraud, wire fraud and other charges in a scheme at health care financing company National Century Financial Enterprises. |
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Mass. Appeals Court judge wins Rehnquist award
Attorneys News |
2011/08/29 16:07
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A Massachusetts Appeals Court judge has been named the winner of the 2011 William H. Rehnquist Award for Judicial Excellence.
Justice James McHugh received a unanimous nomination for the award from the justices of the Massachusetts Supreme Judicial Court, along with letters of support from chief justices and community leaders.
The prestigious award is given annually by the National Center for State Courts to a state court judge who exemplifies integrity, fairness and professional ethics. John Roberts Jr., chief justice of the U.S. Supreme Court, will present the award to McHugh at a ceremony at the high court in November.
The National Center for State Courts said that during his 26-year-career McHugh has been an innovator and court leader on issues affecting the courts, including information technology, managing case flow and judicial ethics. |
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