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Georgia officer charged in fatal shooting to appear in court
U.S. Legal News | 2018/07/15 23:57
A Georgia police officer charged with voluntary manslaughter in a fatal shooting is scheduled to appear in court.

A pretrial hearing is scheduled Tuesday morning for Zechariah Presley in Camden County Magistrate Court. Presley worked as a police officer in the small city of Kingsland when he was charged in the June 20 shooting of 33-year-old Tony Green.

The Georgia Bureau of Investigation has said Green was fleeing when Presley shot him following a brief altercation. The bureau said Presley had been following Green's vehicle when Green got out and ran on foot, but it has not said what prompted the pursuit.

Kingsland city officials fired 27-year-old Presley from his police job following his arrest a week after the shooting. The city is located near the Georgia-Florida state line.



Conservatives close in on dream: Tipping court right
U.S. Legal News | 2018/07/14 23:56
President Donald Trump’s selection of Judge Brett Kavanaugh as a new Supreme Court nominee last Monday culminates a three-decade project unparalleled in American history to install a reliable conservative majority on the nation’s highest tribunal, one that could shape the direction of the law for years to come.

“They’ve been pushing back for 30 years, and, obviously, the announcement is a big step in the right direction,” said Curt Levey, president of the Committee for Justice, a conservative activist group that’s been working toward this goal full time since 2005. “It’ll be the first time we can really say we have a conservative court, really the first time since the 1930s.”

This presumes that Trump can push Kavanaugh through a closely divided Senate heading into a midterm election season, hardly a given. More so than any nomination in a dozen years, Trump’s choice of a successor for Justice Anthony M. Kennedy, the influential swing vote retiring at the end of the month, holds the potential of changing the balance of power rather than simply replacing a like-minded justice with a younger version.

But if the president succeeds in confirming his selection, the new justice is expected to join Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch in forming a much more consistently conservative majority than before.

That has not happened by accident. A network of activists and organizations has worked assiduously since the 1980s to reach this point, determined to avoid the disappointment they felt after Republican appointees like Earl Warren, William J. Brennan Jr., David H. Souter, Sandra Day O’Connor and Kennedy proved more moderate or liberal once they joined the court.



Hawaii Supreme Court sides with lesbian couple in B&B case
U.S. Legal News | 2018/07/11 23:55
A Hawaii appeals court ruling that a bed and breakfast discriminated by denying a room to two women because they're gay will stand after the state's high court declined to take up the case.

Aloha Bed & Breakfast owner Phyllis Young had argued she should be allowed to turn away gay couples because of her religious beliefs.

But the Hawaii Supreme Court on Tuesday unanimously rejected Young's appeal of a lower court ruling that ordered her to stop discriminating against same-sex couples.

Young is considering her options for appeal, said Jim Campbell, senior counsel for Alliance Defending Freedom, a conservative Christian law firm that is representing her. He said Young might not be able to pay her mortgage and could lose her home if she's not able to rent rooms.

"Everyone should be free to live and work according to their religious convictions - especially when determining the living arrangements in their own home," Campbell said in an emailed statement.

Peter Renn, who represents the couple, said the Hawaii high court's order indicates the law hasn't changed even after the U.S. Supreme Court last month, in a limited decision, sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. He said "there still is no license to discriminate."

"The government continues to have the power to protect people from the harms of discrimination, including when it's motivated by religion," said Renn, who is a senior attorney with Lambda Legal, an organization that defends LGBTQ rights.

Diane Cervelli and Taeko Bufford of Long Beach, California, tried to book a room at Aloha Bed & Breakfast in 2007 because they were visiting a friend nearby. When they specified they would need just one bed, Young told them she was uncomfortable reserving a room for lesbians and canceled the reservation.


Courts finds suspect in neo-Nazi trial guilty of 10 killings
U.S. Legal News | 2018/07/10 23:54
A German court on Wednesday found the main defendant in a high-profile neo-Nazi trial guilty over the killing of 10 people - most of them migrants - who were gunned down between 2000 and 2007 in a case that shocked Germany and prompted accusations of institutional racism in the country's security agencies.

Judges sentenced Beate Zschaepe to life in prison for murder, membership of a terrorist organization, bomb attacks that injured dozens and several lesser crimes including a string of robberies. Four men were found guilty of supporting the group in various ways and sentenced to prison terms of between 2½ and 10 years.

Presiding judge Manfred Goetzl told a packed Munich courtroom that Zschaepe's guilt weighed particularly heavily, meaning she is likely to serve at least a 15-year sentence. Her lawyers plan to appeal the verdict.

The 43-year-old showed no emotion as Goetzl read out her sentence. A number of far-right activists attending the trial clapped when one the co-accused, Andre Eminger, received a lower sentence than expected.

Zschaepe was arrested in 2011, shortly after her two accomplices were found dead in an apparent murder-suicide. Together with the men, Uwe Mundlos and Uwe Boehnhardt, she had formed the National Socialist Underground, a group that pursued an ideology of white racial supremacy by targeting migrants, mostly of Turkish origin.

Goetzl said the trio agreed in late 1998 to kill people "for anti-Semitic or other racist motivations" in order to intimidate ethnic minorities and portray the state as impotent.

They planned to wait until they had committed a series of killings before revealing their responsibility, in order to increase the public impact of their crimes.



Lawyers: 2014 arrest at Vegas hotel precursor to killings
U.S. Legal News | 2018/07/06 21:40
Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.

Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.

Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.

Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.

Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.


Trump closes in on Supreme Court pick; 3 judges top list
U.S. Legal News | 2018/07/05 04:44
President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy.

Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly.

Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix.

With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort.

Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned.

The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.



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