Georgia Supreme Court overturns 2015 murder conviction

Legal Insight 2019/11/02 07:02   Bookmark and Share
Georgia's Supreme Court has overturned the murder convictions of a man found guilty of intentionally running over a woman with his car.

The Atlanta Journal-Constitution reports the court reversed 28-year-old Dewey Calhoun Green's 2015 malice and felony murder convictions on Thursday. The court said key witness testimony that may've affected the jury's verdict was excluded from trial. It's unclear whether the case will be retried.

Prosecutors previously argued that Green rear-ended 53-year-old Janice Pitts' SUV before backing up and intentionally running her over as she surveyed the damage.

The newspaper reports an accident reconstructionist who had planned on testifying the crash could've been unintentional wasn't permitted to take the stand because the defense didn't submit written reports of his opinions. The court now says he was erroneously barred from testifying.
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Court to hear arguments on Maryland political ads law

Lawyer Blog Post 2019/10/27 07:04   Bookmark and Share
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.

But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.

Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.

The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.

U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.

At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.


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Wikileaks founder Julian Assange loses bid to delay hearing

Lawyer Blog Post 2019/10/21 20:35   Bookmark and Share
WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.

Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused.

Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December.

Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.

After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court.
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The Latest: EU Parliament to be flexible on ratifying Brexit

Lawyer Blog Post 2019/10/20 00:35   Bookmark and Share
An influential Brexit expert at the European Parliament says the legislature might even meet in an extraordinary plenary next week if that is what is needed to push the Brexit deal through.

The EU parliament is awaiting approval for the Brexit deal in the House of Commons, which could come in the next hours or days. After that, the EU could move speedily.

Greens lawmaker Philippe Lamberts said Monday that "we could ratify next week, if not this one."

He added the Brexit deal could also spill into November, beyond the current Oct. 31 deadline for Britain to leave the EU.

British Prime Minister Boris Johnson has already asked for a Brexit extension even though he is still trying to get out of the EU by the end of the month.

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Supreme Court steps into case over consumer agency

Legal Insight 2019/10/17 20:37   Bookmark and Share
The Supreme Court is stepping into a yearslong, politically charged fight over the federal consumer finance watchdog agency that was created in the wake of the 2008 financial crisis.

The justices agreed Friday to review an appeals court decision that upheld the structure of the Consumer Financial Protection Bureau. The agency has long been a target of conservative Republicans.

The Justice Department usually defends federal law. But the Trump administration agrees with a California law firm challenging the CFPB that the president should be able to fire the agency's director for any reason.

The CFPB was created as part of the Dodd-Frank legislation in response to the financial crisis.

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High court to consider state role in prosecuting immigrants

Legal Business 2019/10/15 20:38   Bookmark and Share
Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’s deportation.

A state appellate court overturned the conviction, but Kansas appealed. On Wednesday, the U.S. Supreme Court will hear arguments about whether states can prosecute immigrants like Morales who use other people’s Social Security numbers to get a job.

Morales, who plans to attend the arguments with his wife and a son, said he has been having nightmares about being deported. His greatest fear is leaving behind his wife and children if the Supreme Court reinstates his state convictions ? felonies that could trigger deportation proceedings.

“What I did was to earn money honestly in a job to support my family,” the 51-year-old Guatemalan immigrant told The Associated Press in Spanish.

The case before the nation’s highest court arises from three prosecutions in Johnson County, a largely suburban area outside Kansas City, Missouri, where the district attorney has aggressively pursued immigrants under the Kansas identity theft and false-information statutes.
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