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Legally blind Vt. law student wins 1st big case
Legal Career News | 2011/08/08 12:28

A legally blind law school student has won her first big court victory.

Deanna Jones of Middlesex, Vt., sued the National Conference of Bar Examiners in July, accusing it of violating the Americans With Disabilities Act. The examiners would not let her take a legal ethics exam with software she's used for reading in college and in law school.

A federal judge ruled last week the NCBE must provide her a computer equipped with the software. She took the test with it Friday and thinks she passed.

NCBE had argued that the security of its pencil-and-paper test could be jeopardized when the test is taken electronically.

The examiners, who will appeal, offered someone to read the exam to Jones, and offered the test in Braille, as an audio CD and in enlarged print.



Arizona Court: $75M Cash-Only Bond 'Excessive'
Legal Career News | 2011/08/04 15:30
A $75 million cash-only bond for a father accused of sexually abusing his children was unconstitutionally excessive and denied him the opportunity to be freed from jail while he awaits trial, the state appellate court ruled.

The court already had sent the case back to Yavapai County Superior Court Judge Tina Ainley before issuing a formal opinion last week, explaining its decision. Ainley held a status conference Tuesday afternoon but did not reset the bond.

The appellate court said only a handful of extraordinarily wealthy people would be able to afford the bond the judge had set. It was perhaps one of the largest bail amounts on record in U.S. history. In comparison, Osama bin Laden's bounty was $25 million, and BTK killer Dennis Rader's bond was set at $10 million. Jeffrey Dahmer's bail was $1 million.

"Nothing suggests that (defendant) — an unemployed man dependent upon others for financial assistance — falls anywhere near inclusion within such an elite group," the court wrote. "Although Judge Ainley ruled (defendant) was bailable, the oppressive requirements she imposed effectively constituted a denial of bail."

The defendant, a longtime Sedona resident and Brazilian national, faces two counts of continuous sexual abuse involving his children. Prosecutors argued that he was a flight risk and said his children feared for their safety. A defense attorney said his client had no plans to flee the country and has maintained his innocence.


Jury deliberates in post-Katrina shootings trial
Legal Career News | 2011/08/03 12:23

Jurors have begun deliberating the fate of five current or former police officers charged in deadly shootings on a New Orleans bridge after Hurricane Katrina.

Jurors began their deliberations Wednesday after U.S. District Judge Kurt Engelhardt gave them instructions.

The jury heard several hours of closing arguments Tuesday after five weeks of testimony by roughly 60 witnesses.

Police shot and killed two people and wounded four others on the Danziger Bridge less than a week after the 2005 storm. Officers are also accused of engaging in a cover-up.

Prosecutors say Katrina's chaotic aftermath offers no justification for police to shoot unarmed people who posed no threat.

Defense attorneys urged jurors to weigh the conditions after the storm in judging whether the officers acted reasonably.



Murdoch foam attacker gets 6 weeks in jail
Legal Career News | 2011/08/02 12:01

Police investigating phone hacking and police bribery at defunct British tabloid News of the World on Tuesday arrested a man, believed to be a former executive at the newspaper.

The Metropolitan Police said a 71-year-old man had been arrested by appointment Tuesday morning at a London police station. They did not name him in keeping with the British police practice of not identifying suspects who have not been charged.

Sky News, which is 39 percent owned by the newspaper's parent company, News Corp., identified him as former News of the World managing editor Stuart Kuttner.

Kuttner retired in 2009 after 29 years at the News of the World, 22 of them as managing editor.

News International — Murdoch's British newspaper division — would not confirm the arrested man's identity.

Police said he was in custody and being questioned on suspicion of conspiring to intercept communications — phone hacking — and on suspicion of corruption, which relates to claims that journalists bribed police officers for information.

Detectives investigating claims the Rupert Murdoch-owned newspaper illegally eavesdropped on the phone messages of celebrities, politicians and even crime victims have previously arrested 10 people, including Murdoch's former British newspaper chief Rebekah Brooks and Andy Coulson, an ex-News of the World editor who went on to be Prime Minister David Cameron's communications chief.



Ex-Schuyler teacher seeks OK to plead guilty
Legal Career News | 2011/08/01 11:35
A former Schuyler teacher accused of sending nude photos and sexually explicit text messages to a student is asking to plead guilty.

The Columbus Telegram reports that 26-year-old Jesse Harmon faces federal charges of enticing a minor in sexually explicit conduct, visual depiction of sexually explicit conduct and possession of child pornography.

According to a document filed last month, Harmon requested permission to plead guilty.

A police affidavit filed in Colfax County District Court says Harmon's texts included nude photos of himself, talk about sexual contact and requests for suggestive photos of the 16-year-old student.

A federal hearing for Harmon is scheduled for Aug. 19. He had pleaded not guilty in the state case before it was dropped.


Court backs WV school in online bullying case
Legal Career News | 2011/07/29 15:33

A federal appeals court on Wednesday upheld the suspension of a West Virginia student who created a web page suggesting another student had a sexually transmitted disease and invited classmates to comment.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously refused to reinstate Kara Kowalski's lawsuit against school officials in Berkeley County. She claimed her five-day suspension from Musselman High School in 2005 violated her free speech and due process rights, and that school officials lacked authority to punish her because she created the web page at home.

The appeals court said the web page was created primarily for Kowalski's classmates, so the school had the right to discipline her for disrupting the learning environment.

Kowalski was a senior at Musselman when she created a MySpace page called "S.A.S.H." She claimed it was an acronym for "Students Against Sluts Herpes."

But a classmate said it stood for "Students Against Shay's Herpes" and referred to a student who was the main subject of discussion on the page. The first of about two dozen students who joined the discussion group posted photos of the student, including one with red dots drawn over her face to simulate herpes.

Other students posted messages commenting on the photos and ridiculing the student, whose parents complained to school officials the next day. Officials concluded Kowalski had created a "hate website" in violation of the school's anti-bullying policy.



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