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Today's Date: U.S. Attorney News Feed
Court rules firing of NJ casino dealer unlawful
Court Feed News | 2011/08/09 16:05
A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing.

Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by attending a pro-union rally on a day he took time off to care for his daughter.

Justiniano had been active in casino unionizing efforts.

A judge upheld the firing, but the National Labor Relations Board disagreed and said it was unlawful.

Friday's ruling by the U.S. Court of Appeals in Washington, D.C., agreed with the NLRB. It noted that Justiniano attended the rally for 20 minutes. It also said Bally's policy on family leave didn't justify the firing.

A message was left seeking comment from an attorney representing Bally's.


Woman pleads guilty in videotaped beating
Court Feed News | 2011/08/07 15:29

A woman whose beating of a transgender woman at a McDonald's restaurant near Baltimore was captured on videotape has pleaded guilty to the attack.

Baltimore County State's Attorney Scott Shellenberger says 19-year-old Teonna Brown pleaded guilty Thursday to one count of first-degree assault and one count of a hate crime.

Video of Brown's beating of 22-year-old Chrissy Polis went viral online, drawing national attention to the struggles of transgender people. Democratic Gov. Martin O'Malley pledged to seek greater protections for transgender people.

Brown's sentencing is set for next month. Prosecutors say they plan to seek a prison term of five years.

Shellenberger says a girl charged as a juvenile in the same attack acknowledged her role in juvenile court on July 1 and was committed to a detention facility.



Judge: Jail for driver in fatal US bus crash
Court Feed News | 2011/08/06 15:33

A tour bus driver who caused a crash that killed three Japanese tourists last year was spared a lengthy prison term Friday when a judge sentenced him to less than a year in jail for his role in the wreck.

Yasushi Mikuni was facing the prospect of 15 years behind bars, but instead got just under a year in jail and three years of probation. Judge Michael Westfall also ordered the 26-year-old Japanese student to pay restitution to each of the crash victims and court fines.

"I think this was a great outcome," Mikuni's Las Vegas-based defense attorney Garrett Ogata said in a telephone interview with The Associated Press. "I think the judge saw how Yasushi presented himself at each and every court hearing and even said that he handles himself with remorse."

Ogata said Mikuni, who sobbed through Friday's hearing, was so deeply affected by the accident that he went to the crash site with his father and brother to pray for the victims and their families.

The 26-year-old driver originally was charged with 10 felonies but pleaded guilty in May to three felony counts of operating a vehicle negligently, causing serious injury or death.

Utah Highway Patrol investigators said that on the day of the crash, Mikuni, a Japanese citizen living in Las Vegas on a U.S. work and education visa, was driving on little sleep after a long work day the day before.

Tests showed he also had marijuana in his system. Investigators said they didn't believe Mikuni was impaired while driving, but that he was sleep-deprived.

The bus carrying 14 Japanese tourists was headed from Nevada to national parks in Utah and Arizona on Aug. 9, 2010, when it rolled on Interstate 15. Three died and 11 others were injured, including Mikuni.

Judge Michael Westfall sentenced Mikuni to 15 years in prison Friday but then suspended most of the sentence. Court records show Mikuni will spend 363 days in the Iron County Jail.



Calif. court hears appeal on gay juror dismissals
Court Feed News | 2011/08/05 15:02
A federal appeals case pending in California could determine if trial lawyers should be barred from dismissing potential jurors because they are gay.

The U.S. 9th Circuit Court of Appeals heard arguments Thursday in Pasadena that challenge a Los Angeles prosecutor's decision to strike a lesbian from the jury in an assault case against a gay federal inmate.

The Los Angeles Times reports a favorable ruling could extend constitutional discrimination protections to homosexuality, along with race, creed and gender.

Inmate Daniel Osazuwa says he hugged a guard who was homophobic and he overreacted. The guard fell and Osazuwa landed on him.

A public defender argues the trial judge erred in dismissing a lesbian from the jury, but a prosecutor says she was let go for another legitimate reason.


Appeals court overturns rare Mich. death sentence
Court Feed News | 2011/08/03 15:23
A federal appeals court on Wednesday overturned a death sentence for a western Michigan man who was convicted of drowning a young woman in a remote lake to prevent her from pursuing a rape case against him.

The court upheld Marvin Gabrion's conviction, but said the sentencing phase of his extraordinary 2002 trial in Grand Rapids federal court must start from scratch.

Gabrion's lawyers should have been allowed to tell jurors that he would not have faced a possible death sentence if prosecuted in state court because Michigan doesn't allow capital punishment, the appeals court said.

U.S. District Judge Robert Holmes Bell barred Gabrion's defense team from making that pitch during the sentencing phase. It may not have made a difference in the ultimate result, but the appeals court said it's a legitimate argument to make to jurors, who unanimously chose the death penalty.

Rachel Timmerman's body was found in a lake in the Manistee National Forest in Newaygo County in 1997. The U.S. attorney's office had jurisdiction because the victim was found in a portion of the lake that is federal property.

During the sentencing phase, prosecutors blamed Gabrion for the disappearance of four other people, including Timmerman's daughter. The body of one, Wayne Davis, was found floating in another lake a few months after the trial. No charges have been filed.


NJ high court to rule in case of retired judge
Court Feed News | 2011/08/01 15:36
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


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