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Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
U.S. Legal News | 2023/01/11 22:17
Former Louisiana Democratic Party leader Karen Carter Peterson, who resigned from the state Senate last year year citing depression and a gambling addiction — and later pleaded guilty to federal wire fraud — was sentenced on Wednesday to 22 months in prison.

Peterson, who served in the Louisiana Legislature for more than 22 years, admitted in August to taking more than $140,000 in funds from her reelection campaign and from the state Democratic Party. The ex-lawmaker spent a “substantial amount” of that money on casino gambling, according to court documents.

Although the felony charge of federal wire fraud carries a maximum prison sentence of 20 years, U.S. District Judge Sarah Vance sentenced Peterson to significantly less, The Advocate reported.

“People trusted me and I breached that trust,” Peterson said in court, WDSU-TV reported.

At the sentencing, Peterson cried at the podium and repented for her criminal wrongdoing — apologizing to her constituents, family and friends.

Ahead of the sentencing, Peterson’s lawyers implored U.S. District Judge Sarah Vance to consider an alternative to prison — such as probation or home confinement.

They said her gambling addiction resulted in “diminished mental capacity,” which can qualify a defendant for a reduced sentence, according to court filings obtained by The Times-Picayune/The New Orleans Advocate. In addition, they pointed to her Christian faith, her acceptance of responsibility for the crimes and her participation in Gamblers Anonymous.


US woman who killed UK teen in crash gets suspended sentence
U.S. Legal News | 2022/12/11 06:16
An American woman who left the U.K. after killing a teenager in a road accident was given an eight-month suspended prison sentence on Thursday, though she declined to come to Britain for the court hearing.

Anne Sacoolas, 45, was sentenced over an August 2019 accident in which 19-year-old Harry Dunn was killed when his motorcycle collided with a car outside RAF Croughton, an air base in eastern England that is used by U.S. forces. Sacoolas was driving on the wrong side of the road at the time.

Sacoolas and her husband, an American intelligence officer, returned to the U.S. days after the accident. The U.S. government invoked diplomatic immunity on her behalf, prompting an outcry in Britain and causing tensions between the governments in London and Washington.

Sacoolas admitted causing death by careless driving, which carries a maximum sentence of five years imprisonment. Justice Bobbie Cheema-Grubb said Sacoolas’ actions were “not far short of deliberately dangerous driving,” but she reduced the penalty because of Sacoolas’ guilty plea and previous good character.

The suspended sentence means that Sacoolas faces jail if she commits another offense within a year — though the judge acknowledged the sentence could not be enforced if she remains in the U.S.

The sentencing follows a three-year campaign by Dunn’s family, who met with politicians on both sides of the Atlantic in a campaign to get Sacoolas to face British justice. American authorities refused to extradite her.

Sacoolas entered a guilty plea in October, but the U.S. administration advised her not to come to Britain for sentencing. She attended the hearing at London’s Central Criminal Court by video link.

Lawyer Ben Cooper said Sacoolas had not asked for the diplomatic immunity asserted on her behalf by the U.S. government. He read a statement from Sacoolas in which she said she was “deeply sorry for the pain I have caused.”

“There isn’t a day that goes by that I don’t think about Harry,” the statement said.

The judge said the “calm and dignified persistence” of Dunn’s parents had led Sacoolas to acknowledge guilt and appear before the court.

Dunn’s mother Charlotte Charles said in a victim impact statement that her son’s death “haunts me every minute of every day and I’m not sure how I’m ever going to get over it.”

“As a family we are determined that his death will not have been in vain and we are involved in a number of projects to try to find some silver lining in this tragedy and to help others,” she said. “That will be Harry’s legacy.”


Former Nazi camp secretary voices regret, seeks acquittal
U.S. Legal News | 2022/12/06 22:24
Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.

Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.

Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.

Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.

Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.

Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.

The court said a verdict is expected on Dec. 20.


Justices asked to hear dog toy dispute. Will they bite?
U.S. Legal News | 2022/11/21 19:20
The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.

Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.

The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”

The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”

The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle.

But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.

“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company.

Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement. And she said it has “broad and dangerous consequences,” pointing to children who were hospitalized after eating marijuana-infused products that mimicked candy packaging.


Family loses Supreme Court bid to extend boy’s life support
U.S. Legal News | 2022/08/02 18:49
Britain’s Supreme Court on Tuesday refused to prevent a hospital withdrawing life support from a 12-year-old boy with catastrophic brain damage, rejecting a bid by his parents to extend his treatment.

The parents of Archie Battersbee had aske Supreme Court justices to block a lower court’s ruling that the Royal London Hospital can turn off the boy’s ventilator and stop other interventions that are keeping him alive.

Archie’s treatment had been due to end at noon on Tuesday, but the hospital said it would await the decision of the Supreme Court.

Justices at the U.K.’s top court said Archie had “no prospect of any meaningful recovery,” and even with continued treatment would die in the next few weeks from organ and heart failure.

The judges agreed with a lower court that continuing treatment “serves only to protract his death.”

Archie was found unconscious at home with a ligature over his head on April 7. His parents believe he may have been taking part in an online challenge that went wrong.

Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests. Several British courts have agreed.

The family appealed to the U.N. Committee on the Rights of Persons with Disabilities, and wanted the withdrawal of treatment put on hold while the committee examines the case.


Moats named to temporary seat on West Virginia Supreme Court
U.S. Legal News | 2022/02/07 18:51
A circuit judge has been appointed to a temporary seat on the West Virginia Supreme Court after the resignation of Justice Evan Jenkins.

Chief Justice John Hutchison on Monday appointed Alan D. Moats to the high court. Moats has served in the judicial circuit covering Barbour and Taylor counties since 1997.

Moats will serve on the Supreme Court until Gov. Jim Justice appoints someone to the seat. That person then would serve until a election can be held for the remainder of Jenkins’ term through 2024.

Jenkins announced Friday that he is resigning to return to private law practice.

Jenkins was appointed and then elected to the seat of retired Justice Robin Davis following the Supreme Court’s 2018 impeachment scandal.


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