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Appeals court won't delay or move Tsarnaev trial
U.S. Legal News |
2015/01/06 00:17
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The trial of marathon bombing suspect Dzhokhar Tsarnaev can begin as scheduled Monday in Boston after a federal appeals court ruled that the defense had not met the "extraordinary" standard required to justify its intervention.
The 1st U.S. Circuit Court of Appeals announced its decision Saturday. Tsarnaev's lawyer had asked the court to delay the trial and move it out of Massachusetts, saying he couldn't get a fair trial in a place where so many were affected by the bombings.
The appeals court ruled 2-1 to avoid intervening in the trial's timing and location.
"The judges in the majority are satisfied that full consideration has been given to the issues raised by the petition, and it is clear that the petition falls short of meeting the requirements for issuing the extraordinary writ of mandamus," two judges said in the majority opinion. One judge dissented, saying he didn't have enough time to carefully consider the petition filed Wednesday.
One of Tsarnaev's attorneys, Miriam Conrad, declined to comment Saturday.
Tsarnaev has pleaded not guilty to 30 charges connected to the April 2013 explosions that killed three people and wounded more than 260 others. Some of the charges carry the death penalty. |
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Court schedules night deer hunting arguments
U.S. Legal News |
2014/08/06 16:59
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Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.
U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.
The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.
The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule. |
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Federal court: Virginia marriage is for all
U.S. Legal News |
2014/07/29 21:15
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An appeals courts' decision to strike down Virginia's same-sex marriage ban adds to the growing list of decrees on a hot-button issue that will likely end up being decided by the U.S. Supreme Court.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, is the second federal appellate court to overturn gay marriage bans, after the Denver circuit, and is the first to affect the South, a region where the rising tide of rulings favoring marriage equality is testing concepts of states' rights and traditional, conservative moral values that have long held sway.
"I am proud that the Commonwealth of Virginia is leading on one of the most important civil rights issues of our day," said Virginia Attorney General Mark Herring, who had refused to defend the state ban when he took office in January. "We are fighting for the right of loving, committed couples to enter the bonds of marriage."
Virginians voted 57 percent to 43 percent in 2006 to amend their constitution to ban gay marriage and state law prohibits recognizing same-sex marriages performed in other states, which the court said infringes on its citizens' fundamental right to marry. |
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Montana court sends wind farm clash to California
U.S. Legal News |
2014/07/22 21:10
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month.
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California high court to decide defibrillator case
U.S. Legal News |
2014/06/25 16:33
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The California Supreme Court will decide whether large retailers in the state are required to have defibrillators on hand to help treat customers and workers who suffer sudden cardiac arrest.
The high court said it will issue an opinion Monday morning. The devices deliver a jolt of electricity to a stalled heart and help victims recover.
For two decades, an increasing number of public places in the U.S. have been required to have automated external defibrillators on hand, including government buildings, airports and many other public places. A Los Angeles-area family who lost a relative to sudden cardiac arrest while shopping in Target filed a lawsuit to require large retailers to join the list.
During oral arguments in May, a majority of the seven-judge court appeared cool to the idea. |
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Court won't stop BP oil spill claims payments
U.S. Legal News |
2014/05/29 16:44
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BP PLC must resume paying claims while it asks the U.S. Supreme Court to review its settlement with businesses over the 2010 Gulf of Mexico oil spill, a federal appeals court panel said Wednesday.
The 2-1 judgment said the 5th U.S. Circuit Court of Appeals will not put a stop to payments while BP appeals the court's earlier ruling that businesses, under the settlement, don't have to prove they were directly harmed by the spill to collect money.
BP asked the Supreme Court to review Wednesday's ruling, saying that otherwise "countless awards totaling potentially hundreds of millions of dollars will be irretrievably scattered to claimants that suffered no injury traceable to BP's conduct."
The high court is likely to hear the case because it deepens a split among federal appeals courts about whether courts can approve of a group of people who say it was wronged by the same action, which is called a class, "even when it includes vast numbers of members who were not injured by the defendant's conduct." Six appellate courts have said no; the 5th Circuit is one of two that have upheld certification of such classes, the attorneys wrote.
It said the claims administrator has approved "$76 million to entities whose entire losses clearly had nothing to do with the spill, such as lawyers who lost their law licenses and warehouses that burned down before the spill occurred." He has approved another $546 million to people and companies far from the coast whose businesses have no logical connection to the spill, according to the appeal. |
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