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DC to vote on new gun laws after court ruling
Lawyer Blog News | 2008/07/16 15:54
The District of Columbia Council approved new firearms legislation Tuesday that will allow residents to begin applying for handgun permits this week.

The council's unanimous vote comes as officials try to comply with last month's U.S. Supreme Court ruling that struck down the city's 32-year-old ban on handguns.

The emergency legislation will allow handguns to be kept in the home if they are used only for self-defense and carry fewer than 12 rounds of ammunition.

Handguns, as well as other legal firearms such as rifles and shotguns, also must be kept unloaded and disassembled, or equipped with trigger locks — unless there is a "reasonably perceived threat of immediate harm" in the home.

"This is not perfect legislation," said D.C. Council member Phil Mendelson, who worked with the mayor's office on the bill. "The first step is what we have before us today so that we maintain important provisions in our gun registration law while we continue look at how we can further refine our gun registration law."

Gun rights groups, including the National Rifle Association, said at least some of the new regulations will likely be challenged. The bill that passed Tuesday maintains the city's unusual ban of machine guns, defined as weapons that shoot at least 12 rounds without reloading, which applies to most semiautomatic firearms.

The emergency legislation will remain in effect for 90 days, and the council expects to begin work in September on permanent legislation.

Though residents can begin applying for handgun permits this week, city officials have said the entire process could take weeks or months.



Appeals court upholds $15M award to LAPD officers
Lawyer Blog News | 2008/07/15 16:41
A federal appeals court on Monday upheld a $15 million award to three officers who accused the Los Angeles Police Department of wrongly arresting them and making them scapegoats during the notorious Rampart scandal.

The massive corruption scandal led to the investigation of 82 incidents involving 50 officers and reversal of more than 100 convictions tainted by police misconduct.

A jury in 2006 determined that the three men were each entitled to $5 million because they were wrongly arrested and charged with filing false police reports.

The three were implicated by former officer Rafael Perez, the central figure of the scandal in which officers were alleged to have beaten, robbed, framed and shot innocent people in the city's tough Rampart neighborhood. Dozens of officers were investigated, leading to some resignations and internal discipline, but only a small number of prosecutions.

Perez told investigators that the three men — Paul Harper, Edward Ortiz and Brian Liddy — had lied about finding a gun on a gang suspect during a 1996 arrest.

Harper and Ortiz are still with the department, but Liddy has left, according Officer Karen Smith, a LAPD spokeswoman.

The 9th Circuit U.S. Court of Appeals in its decision Monday noted that on three different occasions Perez gave investigators significantly divergent accounts of what allegedly happened during the arrest, including the inaccurate detail that a music sound system had to be dismantled at the arrest scene.

A state court jury did convict the three men in 2000 of conspiracy to obstruct justice in the framing of two reputed gang members. A Superior Court judge threw out the convictions a month later, citing faulty jury instructions.

Prosecutors decided not to pursue the case, and a judge dismissed the charges in 2004.



Ohio plans first execution since moratorium
Lawyer Blog News | 2008/07/11 10:35
Ohio is planning its first execution since a U.S. Supreme Court decision ended a national pause on killing inmates.

The Ohio Supreme Court on Friday set an execution date of Oct. 14 for Richard Cooey, who was convicted of raping and murdering two University of Akron students in 1986.

Executions had been put on hold nationally for several months until the U.S. Supreme Court decided in April to allow Kentucky's lethal injection process, which is similar to the one used in Ohio. Opponents argued the procedure is unconstitutionally cruel.



US war crimes court to resume at Guantanamo
Lawyer Blog News | 2008/07/09 11:41
U.S. military tribunals at Guantanamo Bay resume this week even as new legal challenges could throw the system into further turmoil.

Five men charged in the Sept. 11 attacks, including alleged mastermind Khalid Sheikh Mohammed, are to appear Wednesday and Thursday for pretrial hearings in the Bush administration's special tribunal for terrorism suspects. Their trials have not yet been scheduled.

The suspects could get the death penalty if convicted of charges that include murder.

A judge is expected to hold hearings to explore defense allegations that Mohammed intimidated his co-defendants into refusing military lawyers.

Meanwhile, a judge in Washington is considering a challenge that could disrupt the first scheduled war crimes trial, on July 21, of Salim Hamdan, a former driver for Osama bin Laden.

Hamdan's lawyers say a recent Supreme Court decision has raised new legal issues that require U.S. District Judge James Robertson to delay the trial. The government says it wants to move forward.

Robertson has scheduled a July 17 hearing in Washington on the issue, just four days before Hamdan is to go on trial in a specially built courtroom on a former airstrip at the U.S. Navy base in Cuba.

A ruling in favor of the prisoner could also delay the trials for other men held at Guantanamo, and perhaps force the military to devise a whole new way to prosecute alleged terrorists.



R.I. lead paint loss gives industry huge win
Lawyer Blog News | 2008/07/07 15:47
Communities and child health advocates around the country had pinned their hopes on Rhode Island prevailing in its landmark lawsuit against the lead paint industry.

Now, after the state Supreme Court threw out the first-ever jury verdict finding former lead paint companies liable for creating a public nuisance, at least one city says it's rethinking a similar lawsuit against the industry, and one of the lawyers in the Rhode Island case predicted the decision would have a "devastating" effect on national efforts to hold the manufacturers accountable for their products. Still, other lawyers with pending cases say they're not deterred.

"There's no question about it, that the Supreme Court of Rhode Island has stopped any progress nationally to get justice for lead-poisoned kids," said Jack McConnell, a lawyer who represented the state and is involved in other lawsuits over lead paint. "It has a devastating effect on progress nationwide."

The 2006 verdict against Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC had been the only victory against the industry. It gave advocates hope for future success even though courts around the country have more recently rejected similar suits against the companies.

But the Supreme Court's opinion last week seemed to underscore the difficulty in successfully suing the industry, and other states and communities tracking Rhode Island's case could be less inclined to take up a costly court fight with uncertain prospects of victory.



Sperm Donor Fights For Rights In Court
Lawyer Blog News | 2008/07/07 15:47
Both the Alliance Defense Fund & Keys for Networking, Inc. filed Amicus Briefs in the United States Supreme Court in support of attorney Jeffery M. Leving’s Petition for Writ of Certiorari. Leving filed the Petition for Writ of Certiorari on behalf of Daryl Hendrix, a Topeka sperm donor, to protect Daryl’s constitutional rights to parent his twin children.

Mr. Hendrix donated his genetic material to attorney Samantha Harrington, who conceived their twins who are now three years-old.  The case explores vast uncharted territory in the law where there have been inconsistent rulings on the rights and obligations of sperm donors from one court to another in this nation. “This case will have significant ramifications on the future of fathers’ rights and reproductive technology. When we reach a point in society when a father has been reduced to nothing more than a genetic vending machine, then we have reached a point of hopelessness for our children. We should be encouraging fathers to be constant figures in their children’s lives instead of legally baring their fundamental human right to parent,” states Leving, “we must not forget that any man’s loss of his children diminishes mankind,” he added.

Mr. Hendrix initially petitioned the Shawnee County District Court in Kansas to afford him parental rights and provide for his son and daughter financially. Ms. Harrington countered by filing a paternity action. Mr. Hendrix maintains that he and the mother, Ms. Harrington, had an oral agreement to co-parent their children together. Both of those cases were dismissed by a district court judge, prompting Hendrix to appeal the decision in the Kansas Supreme Court. The Kansas Supreme Court decided, 4-2, that a sperm donor must have a written agreement with the mother in order to exercise any parental rights. That decision annihilated Daryl’s inherent rights as a father and treads dangerously on redefining fatherhood.

On Monday, March 17, 2008, attorneys for Hendrix appealed to the United States Supreme Court, asking for the ruling of the Kansas Supreme Court to be overturned. This appeal will clearly be a landmark case that will determine the future of reproductive technology, alternative child conception, and advancement of fathers’ rights. “Mr. Hendrix’s case deserves to be heard in our nation’s highest court and their decision can guide the future of reproductive technology. We want to make sure that Mr. Hendrix’s children know that they have a father who loves them, who will support them emotionally and financially. We want the children to know that they have a father who will spend time with them and help to raise them and that they did not just spring out of a test tube,” states Andrey Filipowicz, co-counsel with Jeffery M. Leving.

In a similar case in Pennsylvania, the Pennsylvania Supreme Court ruled that the verbal agreement between the sperm donor and the mother was “valid on its face” and that ‘Biological parents cannot waive the interests of a child — a third party — who has an independent "right" to support from each one of them.’ The Court ordered the sperm donor to pay over $1500 a month in child support, even though he was not named as the father on the birth certificate of the children. A British Court had a similar finding in the case of a man who donated his sperm to a lesbian couple.

Attorney Jeffery M. Leving states, “The legal system has not kept current with science and reproduction technology and its effects on the changing American family. The U.S. Supreme court now has the opportunity to correct this flaw in our judicial system and protect an important relationship between a loving father and his children”.  Leving is a nationally renowned litigator, advocate of fathers’ rights and founder of dadsrights.com.

For more information on the case and all media inquiries, please contact Carrie Klepzig at 312-807-3990, ext. 255 or 312-730-5864 (mobile).


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