Wife says Chinese rights lawyer being denied legal counsel

Headline Legal News 2015/07/20 09:30   Bookmark and Share
A prominent Chinese rights lawyer whose trial is drawing near on charges of inciting ethnic hatred and provoking trouble has been denied access to lawyers for nearly a month, his wife and one of his attorneys said Monday.

Meng Qun, wife of Pu Zhiqiang, raised the concern in an open letter addressed to the leadership of the Beijing detention center where her husband is being held, urging authorities to honor China's own rules to allow Pu access to lawyers.

One of Pu's attorneys, Shang Baojun, confirmed that Pu last met his lawyers on June 23 and verified the authenticity of Meng's letter.

Pu is widely believed to be politically persecuted amid Beijing's crackdown on civil society. The charges stem from his online posts that questioned China's ethnic policies in the wake of deadly violence involving ethnic minority Uighurs, and others that mocked several political figures.

He was taken away in May 2014 and was indicted on May 15 this year, after one year in detention.

Shang said he expects a Beijing court to hold Pu's trial soon, because by law Chinese courts have three months from the indictment to hold a trial and issue a verdict, but the authorities have not yet announced a date.








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Marijuana opponents using racketeering law to fight industry

Headline Legal News 2015/07/16 09:08   Bookmark and Share
A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.

A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.

With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.

"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.


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Michael Jackson’s doctor pleads not guilty

Headline Legal News 2015/07/06 14:31   Bookmark and Share
Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama.

Dr. Conrad Murray, accused of giving Jackson a fatal dose of an anesthetic to help him sleep, appeared in court in a gray suit and burgundy tie as Jackson’s father Joe, mother Katherine, and siblings LaToya, Jermaine, Tito, Jackie and Randy watched from courtroom seats behind prosecutors.

Neither Murray nor the Jacksons showed much emotion as the six-foot-five Murray entered his plea through his attorney Ed Chernoff, but as he emerged from court, Joe Jackson declared, “My son was murdered.”

“We need justice,” he added before leaving with family members in a fleet of Cadillac Escalades.

On Monday night, Joe Jackson told CNN’s Larry King that he doesn’t believe Murray is the only person responsible for his son’s death. “To me, he’s just the fall guy. There’s other people I think involved with this whole thing,” Joe Jackson said, without elaborating.

Joe Jackson also told King his son believed his life was in danger. “Michael said it himself that he would be killed,” Joe Jackson said. “He even told his kids that he would be murdered.”

Earlier, several people shouted “murderer” as Murray walked past a crowd of hundreds of reporters and Jackson fans on his way to a courthouse adjacent to Los Angeles International Airport. Others held signs urging “Justice For Michael.”

Murray, 56, a Houston cardiologist who was with Jackson when he died June 25, entered his plea just hours after he was charged.

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High court won't hear Nevada patient dumping case

Headline Legal News 2015/07/01 14:32   Bookmark and Share
The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
   
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.

San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.

A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.

Nevada claims the lawsuit interferes with its sovereign powers.

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Texas turns away from criminal truancy courts for students

Headline Legal News 2015/06/22 15:32   Bookmark and Share
A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.

Gov. Greg Abbott has signed into law a measure to decriminalize unexcused absences and require school districts to implement preventive measures. It will take effect Sept. 1.

Reform advocates say the threat of a heavy fine — up to $500 plus court costs — and a criminal record wasn't keeping children in school and was sending those who couldn't pay into a criminal justice system spiral. Under the old law, students as young as 12 could be ordered to court for three unexcused absences in four weeks. Schools were required to file a misdemeanor failure to attend school charge against students with more than 10 unexcused absences in six months. And unpaid fines landed some students behind bars when they turned 17.

"Most of the truancy issues involve hardships," state Sen. John Whitmire, D-Houston, said. "To criminalize the hardships just doesn't solve anything. It costs largely low-income families. It doesn't address the root causes."

Only two states in the U.S. — Texas and Wyoming — send truants to adult criminal court. In 2013, Texas prosecuted about 115,000 cases, more than twice the number of truancy cases filed in juvenile courts of all other states, according to a report from the nonprofit advocacy group Texas Appleseed. An estimated $10 million was collected from court costs and fines from students for truancy in fiscal year 2014 alone, the Texas Office of Court Administration said.

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Huguely files appeal request with U.S. Supreme Court

Headline Legal News 2015/06/20 15:32   Bookmark and Share
A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.

Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.

Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.

Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”

“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.
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