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Appeals court reinstates lawsuit against Glock
U.S. Legal News | 2012/07/27 18:52
A California appeals court has reinstated a now-retired paralyzed Los Angeles police officer's product liability lawsuit against gun manufacturer Glock.

Enrique Chavez was paralyzed from the waist down when his 3-year-old son accidentally shot him with his service pistol.

The lawsuit claims the .45-caliber Glock 21 pistol lacks adequate safeguards against accidental discharge. There is no grip safety on the Glock.

A Los Angeles judge dismissed the suit two years ago, saying a Police Department review of the gun's design found the Glock's advantages outweighed any inherent risks.

The San Francisco Chronicle says the 2nd District Court of Appeals on Tuesday reinstated the suit, saying a jury could conclude that a grip safety strong enough to withstand a child's grasp would minimize the risk of accidental discharge.


Wis. town barred from beefing up farm water rules
U.S. Legal News | 2012/07/11 22:51
The Wisconsin Supreme Court ruled Wednesday that a rural town lacksthe authority to impose tougher water-quality standards on a livestockfarm than the state requires.Magnolia, a community about 30 miles south of Madison, granted LarsonAcres Inc. a permit in 2007 when it wanted to expand, but included anumber of conditions because residents blamed it for polluting theirwater supply. The farm initially had 1,000 cows and now has about2,900.Among the conditions, the farm had to allow the town to conductmonthly water quality tests on its land, and it had to follow certaincrop-rotation strategies to reduce nitrate buildup.The farm sued, arguing that pollution-control measures are laid out bythe state and can't be modified by individual towns.The state Supreme Court agreed, ruling that the town exceeded itsauthority by imposing additional measures.The case has been watched by rural Midwest communities struggling todeal with the expansion of so-called factory farms. States throughoutthe farm belt have seen big farms get bigger as the agricultureindustry continues to consolidate.Similar cases have been filed in six other Midwestern states, butWisconsin's is believed to be the first to reach a state supremecourt.


Guilty plea in NY 'mini-al Qaida' cell case
U.S. Legal News | 2012/06/19 17:10
A New Yorker accused of trying to start what prosecutors called "a mini al-Qaida cell" pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.

An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.

The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about "seeking out additional contacts within al-Qaida." The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.

Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida.


NYC officer pleads not guilty to manslaughter
U.S. Legal News | 2012/06/14 17:37
A police officer was indicted Wednesday in the death of an unarmed drug suspect, the first time a New York City officer has faced criminal charges in a fatal shooting since a groom was killed in a 50-shot police barrage on his wedding day in 2006.

New York Police Department Officer Richard Haste, 31, surrendered Wednesday morning. Haste pleaded not guilty to manslaughter charges in a courtroom filled with other officers, relatives of 18-year-old victim Ramarley Graham and their supporters.

"Ramarley was only 18," his mother, Constance Malcolm, said outside court. "We have too much of this going on and it has to stop. We need it to stop. We can't keep killing our kids. It has to stop. Something has to come out of this."

As Haste left the courtroom after posting $50,000 bail, dozens of officers applauded him. He was on crutches because of an unrelated accident and walked slowly to a car, while a small group of protesters chanted anti-police slogans behind him.


Arizona court approves fifth execution this year
U.S. Legal News | 2012/06/13 23:08
The Arizona Supreme Court on Tuesday approved the execution of a death-row inmate who was spared from the death penalty last year after winning a last-minute delay from the nation's highest court.

Daniel Wayne Cook, 50, is now scheduled for execution on Aug. 8 at the state prison in Florence.

Cook was sentenced to death for killing a 26-year-old Guatemalan immigrant, Carlos Cruz-Ramos, and a 16-year-old boy, Kevin Swaney, in 1987, after police say he tortured and raped them for hours in his apartment in Lake Havasu City in far western Arizona.

Cook had been scheduled for execution on April 5 of last year, but the U.S. Supreme Court granted him a last-minute stay to consider whether he had ineffective counsel during his post-conviction proceedings. They since have turned him down.

Another death-row inmate, Samuel Villegas Lopez, is set to be executed in two weeks.

Lopez would become the fourth inmate executed in Arizona this year, while Cook would become the fifth. Two other inmates who are nearing the end of their appeals could bring the number of executions in the state this year to seven.


US court looks at possible Edwards lawyer conflict
U.S. Legal News | 2012/03/15 16:11
A federal judge planned to hear Thursday whether former North Carolina Sen. John Edwards would create problems for his upcoming trial by hiring lawyers who represented his mistress in a lawsuit over the couple's alleged sex tape.

The hearing scheduled in Greensboro aims to air whether lawyers Alan Duncan and Allison Van Laningham could use insider knowledge of Edwards' mistress Rielle Hunter at the former presidential candidate's trial beginning next month.

Duncan and Van Laningham represented Hunter in a lawsuit that ended last month with a settlement that ordered all copies of the tape destroyed.

Federal prosecutors have said they'll likely call Hunter as a witness at Edwards' trial on campaign finance charges that he used nearly $1 million from two wealthy donors to hide the pregnant Hunter as he sought the White House in 2008. He has pleaded not guilty.

"To whom would Mr. Duncan's and Ms. Van Laningham's allegiance lie? Their new client or the one they represented as recently as two weeks ago in a lawsuit seeking to enforce those very privacy rights?" federal prosecutors said in a court filing last week.

Because of their previous attorney-client relationship with Hunter, Duncan and Van Laningham might take it easy on her if they were questioning Hunter under oath, prosecutors said.


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