Weinstein pleads not guilty, released on bail

Headline Legal News 2018/07/09 15:04   Bookmark and Share
Harvey Weinstein, who was previously indicted on charges involving two women, was released on bail on Monday while fighting sex crime accusations that now include a third woman.

"We fight these battles one day at a time, and today we won this round," defense attorney Ben Brafman said outside court. Brafman said during the arraignment that he expects more charges.

Weinstein pleaded not guilty after he was brought into the courtroom with his hands cuffed behind his back. He was then uncuffed for the proceeding.

An updated indictment unveiled last week alleges the movie mogul-turned-#MeToo villain performed a forcible sex act on a woman in 2006. The new charges include two counts of predatory sexual assault, which carries a maximum sentence of life in prison upon conviction.

Attorney Gloria Allred, who is representing the third woman, said outside court that her client will testify if the case goes to trial. She said she doubts Weinstein's lawyer would allow him to do the same because it would subject him to cross examination by prosecutors.

Manhattan District Attorney Cyrus R. Vance Jr. said the 66-year-old Weinstein is charged with "some of the most serious sexual offenses" that exist under state law.

"Mr. Weinstein maintains that all of these allegations are false and he expects to be fully vindicated," Brafman said.

More than 75 women have accused Weinstein, who was one of the most powerful men in Hollywood, of wrongdoing as allegations detailed in Pulitzer Prize-winning stories last October in The New York Times and The New Yorker magazine swelled into the #MeToo movement.

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State appeals court reinstates California's right-to-die law

Headline Legal News 2018/06/15 10:24   Bookmark and Share
A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.

The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.

The law allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live.

Riverside County Superior Court Judge Daniel Ottolia declared the law unconstitutional last month, stating that it had been adopted illegally because lawmakers passed it during a special Legislative session called to address other matters.

Ottolia didn't address the issue of whether it's proper for people to end their lives. Right-to-die advocates hailed Friday's action.

"This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case," Kevin Díaz, national director of legal advocacy for Compassion & Choices, said in a statement.

"Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail."

California Attorney General Xavier Becerra, who had asked the appeals court to stay Ottolia's ruling, also praised the decision.

"This ruling provides some relief to California patients, their families, and doctors who have been living in uncertainty while facing difficult health decisions," Becerra said. "Today's court ruling is an important step to protect and defend the End of Life Option Act for our families across the state."
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Court: Compliance reached in education funding case

Headline Legal News 2018/06/10 00:01   Bookmark and Share
A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more dollars into public schools.

The court's unanimous order came in response to lawmakers passing a supplemental budget earlier this year that the justices said was the final step needed to reach compliance with a 2012 state Supreme Court ruling that found that K-12 school funding was inadequate. Washington's Constitution states that it is the Legislature's "paramount duty" to fully fund the education system. The resolution of the landmark case in Washington state comes as other states like Arizona, Oklahoma and Kentucky are now responding to calls for more money to be allocated to education.

The state had been in contempt of court since 2014 for lack of progress on that ruling, and daily sanctions of $100,000 — allocated specifically for education spending— had been accruing since August 2015.

"Reversing decades of underfunding has been among the heaviest lifts we've faced in recent years and required difficult and complex decisions, but I'm incredibly proud and grateful for all those who came together on a bipartisan basis to get this job done," Washington Gov. Jay Inslee said in a written statement.

Over the past few years, lawmakers had put significantly more money toward education costs like student transportation and classroom supplies, but the biggest piece they needed to tackle to reach full compliance was figuring out how much the state must provide for teacher salaries. School districts had paid a big chunk of those salaries with local property-tax levies, something the court said had to be remedied.

In November, the court said a plan passed by the Legislature last year — which included a statewide property tax increase earmarked for education — satisfied its earlier ruling, but justices took issue with the fact that the teacher salary component of the plan wasn't fully funded until September 2019. This year, lawmakers expedited that timeframe to Sept. 1, 2018.

Democratic House Majority Leader Pat Sullivan said that the court's order was a relief, though he noted that legislative debates over education funding aren't over. Sullivan said there is more work to be done on areas like special education, as well as recruiting and retaining teachers.
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Suspect in vandalism to Jewish boundary heads to court

Headline Legal News 2018/06/01 11:15   Bookmark and Share
A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.

Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.

Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.

The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.

Taube was held in custody over the weekend. It was not clear if he has a lawyer.

The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers.
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Supreme Court rejects anti-abortion pastor's appeal on noise

Headline Legal News 2018/04/12 17:04   Bookmark and Share
The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.

The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.

March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.

Clicking 'checkout' could cost more after Supreme Court case

The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases.

At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence.

Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so.

Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue.

But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.

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Prosecutor asks for prison terms in Paris terror trial

Headline Legal News 2018/02/05 23:35   Bookmark and Share
A French prosecutor has requested four years in prison for a man accused of harboring killers in the 2015 Islamic State attacks on Paris, less than the maximum term.

In closing arguments Tuesday, Nicolas Le Bris said Jawad Bendaoud knew he was hiding criminals, but that there wasn't sufficient evidence he knew they were involved in the Nov. 13, 2015, attacks.

However, he called for the maximum 5-year sentence for co-defendant Youssef Ait-Boulhacen, arguing that Ait-Boulhacen knew who the men were, what they had done, and that they were plotting another attack.

Ait-Boulahacen's sister, Hasna, found the hideout for the fugitives and died with them in a police standoff.

The trial is the first time a French court has heard a case related to the attacks, which killed 130 people.
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