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Wis. court recount will cost hundreds of thousands
Court Feed News | 2011/04/26 16:16
County clerks say the Wisconsin Supreme Court recount will cost them at least a half-a-million dollars.

The Associated Press asked clerks in all 72 counties for their anticipated costs. Twenty-two provided cost estimates ranging from $120 in Price County to $500,000 in Milwaukee County. The total cost for the 22 counties was about $570,000.

Final county tallies released earlier this month show challenger JoAnne Kloppenburg down by 7,316 votes to incumbent Justice David Prosser. Kloppenburg demanded a recount last week. The counties must perform it free of charge to Kloppenburg because the margin between the candidates is less than one-half of 1 percent of all votes cast.


Lawsuit over fish pedicures heads to Arizona court
Business Law Info | 2011/04/26 15:15

The Arizona Court of Appeals plans to hear arguments Wednesday on a civil lawsuit involving a Gilbert spa owner whose clients paid to have fish eat dead skin off their feet.

The case was filed by the Goldwater Institute on behalf of spa owner Cindy Vong.

A lower court dismissed the suit.

The Arizona Republic reports the Arizona Board of Cosmetology threatened to pull Vong's license in early 2009 if she didn't stop offering the pedicure service. The board alleged the fish were unsafe because they could not be sterilized.

Vong says the board's ruling hurt her financially.

The Institute sued in December 2009, alleging the board lacked jurisdiction over the practice because it was not a cosmetic service and that it violated Vong's right to run her business.



Ind. school shooting suspect to be tried as adult
Criminal Law Updates | 2011/04/26 10:17
A judge on Monday bound over to adult court a 15-year-old boy accused to trying kill another teen by shooting him at a central Indiana middle school just minutes after posting "today is the day" on his Facebook page.

Michael Phelps, bound by shackles, was led from Morgan Superior Court by sheriff's deputies as members of his family hugged each other and his grim-faced mother left his side and headed for the exits without saying a word.

Phelps was expected to face six felony charges including attempted murder and aggravated battery in the March 25 shooting of 15-year-old Chance Jackson at Martinsville West Middle School, about 30 miles south of Indianapolis.

"The evidence presented would indicate to a reasonable person that is was a cold, calculated and planned act of violence with intent to kill," Morgan Superior Court Judge Christopher Burnham said, reading his 10-page ruling.

Defense attorney Steven Litz had argued that Phelps, who will turn 16 on May 5, should be tried as a juvenile. Litz contended that the teen had a troubled childhood and would emerge from prison far worse than when he entered if convicted as an adult.


Md. court considering same-sex spousal privilege
Court Feed News | 2011/04/25 16:06
A court in Hagerstown is poised to consider whether a woman who legally married her lesbian partner in another jurisdiction can assert the spousal privilege of refusing to testify against her in Maryland, where same-sex marriage isn't allowed.

Lawyers are set to argue their positions Monday during a hearing in a 2010 assault case

Washington County prosecutors want the judge to compel Sharron Saleem to testify about her statement to police that Deborah Snowden pushed her and threatened her with a knife.

A brief filed by Snowden's public defender cites a 2010 opinion by Maryland Attorney General Douglas Gansler that out-of-state, same-sex marriages may be recognized under Maryland law. But Gansler's opinion didn't directly address the question of spousal privilege.


Court denies Va. inmate's lawsuit over beard
Court Feed News | 2011/04/25 14:04
A federal court has denied a Muslim inmate's lawsuit claiming the Virginia prison system violated his religious rights by refusing to allow him to grow a 1/8-inch beard.

William Couch challenged the Department of Corrections' grooming policy that bans long hair or beards.

A federal court in Harrisonburg sided with the department Thursday.

Couch's attorney, Jeffrey Fogel, filed an appeal Monday. He argues the beard is too short to allow Couch to easily change his appearance or hide weapons, which is the department's reason for the policy.

A federal appellate court ruled against a group of inmates who sued the department after the grooming policy was instituted in 1999. Several lived in segregation for more than a decade until the department developed a separate living space for them last year.


NY court upholds ruling in Connecticut school case
Lawyer Blog News | 2011/04/25 13:04

A federal appeals court in New York has agreed that Connecticut school officials acted reasonably and constitutionally when they disciplined a student for an Internet posting she wrote off school grounds.

The 2nd U.S. Court of Appeals in Manhattan sided with Burlington, Conn., school officials. They punished Avery Doninger by preventing her from serving as class secretary as a senior.

The court said administrators at Lewis B. Mills High School acted reasonably after she made the 2007 posting criticizing administrators for canceling a popular school activity.

Doninger sued the administrators, alleging violation of free speech and equal protection rights. A lower judge also said school officials were entitled to immunity.



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