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Court says telephone companies must give access
Lawyer Blog News | 2011/06/09 15:53
The Supreme Court says large telephone companies have to provide their competitors discounted access to their network.

The high court on Thursday unanimously ruled for Talk America, Inc. in its battle to make AT&T give it cost-based rates for using its entrance facilities into its network.

The 6th U.S. Circuit Court of Appeals ruled incumbent telephone companies cannot be required to provide access to entrance facilities at a regulated rate for its competitors.

AT&T was trying to charge competitive rates for using its facility to get access to AT&T lines. Talk America argues that AT&T is required under the 1996 Telecommunication Act to provide discounted access to its entrance facilities.

The high court overturned the appeals court ruling.


Court: Using car to flee can be considered violent
Court Feed News | 2011/06/09 14:54
The Supreme Court says fleeing police custody in a vehicle can be considered a violent felony.
The high court made its ruling on Thursday in the case of Marcus Sykes.

Sykes was convicted of being a felon in possession of a handgun in 2008. Officials said he was subject to a sentencing enhancement because of two previous felony convictions, one of which was fleeing the police in a car in Indiana.

Sykes argued his fleeing conviction shouldn't be considered violent and two federal appeals courts, the 7th Circuit in Chicago and the 11th Circuit in Atlanta, have ruled in opposite ways.

The high court said in a 6-3 judgment that Sykes' flight from police can be considered a violent felony.


Ohioan is among 1st jurors at old, new courthouses
Legal Career News | 2011/06/09 11:52

An Ohio woman called to jury duty on the first day at a new county courthouse this week also was on the first jury at the old court building when it opened in 1973.

Jury commissioner Gretchen Roberts in Columbus says 64-year-old Mary Evans beat odds that are "pretty astronomical." Registered voters are randomly picked by computer for jury service on given dates.

Evans, of suburban Grove City, tells The Columbus Dispatch that it was "kind of cool" that she inaugurated both Franklin County Common Pleas Courthouses.

She says each struck her as an impressive reflection of its time.

Evans was seated Monday on a jury for a domestic violence case when the new, $105 million courthouse opened. In 1973, she served on juries for rape and theft cases.



Spanish court upholds ban on face-covering veils
Legal World News | 2011/06/09 10:52

A Spanish court has upheld a ban by a city on face-covering Islamic veils worn in municipal buildings.

In 2010, the city of Lleida became the first Spanish one to impose such a ban. But the Catalan regional Superior Justice Tribunal suspended it following an appeal by a Muslim association that claimed it violated basic rights.

The court ruled Wednesday that the northeastern city was within its rights to ban the clothing in municipal buildings for security and identification purposes. It also backed Lleida's argument that the veils are discriminatory.

Other Spanish towns have taken similar steps but their burqa bans have yet to take effect.

Lleida's one is largely symbolic since only about 3 percent of Lleida's population is Muslim and very few wear face-covering garments.



Florida Bar pushing lawyers into the digital age
Headline News | 2011/06/08 14:20
The Florida Bar wants lawyers to join the digital age.

The state Supreme Court heard arguments Wednesday on a bar proposal for lawyers to exchange most pleadings by email instead of on paper.

It's being billed as the first significant change in the way law is practiced in Florida in well more than a century.

A lawyer for the state's public defenders argued that criminal cases should be exempted until the court system itself goes digital.

Assistant Public Defender John Morrison of Miami said that way taxpayers would have to pay for only one transition, not two.

Questions also were raised about security.

The proposed rule would not prohibit lawyers from making paper copies, but they would have to exchange documents by email instead of the U.S. Postal Service.


Judge to rule if ex-pediatrician raped patients
Court Feed News | 2011/06/08 12:22

An ex-pediatrician accused of raping and sexually assaulting scores of his young patients over a decade will await a judge's decision after a one-day trial in which the graphic testimony moved women to tears and drove others from the courtroom.

Prosecutors on Tuesday presented their case against Earl Bradley to a judge in southern Delaware, just miles from his former office in Lewes. Witnesses painted the 58-year-old, gray-bearded former doctor as a predator who covertly videotaped naked patients during exams and who raped young victims or forced them to perform oral sex.

"The rapes were violent, they were brutal," state police Detective Scott Garland testified. "... The violence we were seeing was significant, and beyond anything I had ever witnessed. Nothing had prepared me for it."

Prosecutors gave Sussex County Superior Judge William Carpenter Jr. hours of graphic video evidence to review, recorded by Bradley himself, documenting the abuse. On the tapes are a total of 86 victims dating to 1998, prosecutors said. All but one were young girls with an average age of 3.

If convicted, Bradley could face life in prison for each of the 14 rape charges against him. He also is charged with assault and sexual exploitation of a child.



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