Maryland mulls ending child sexual abuse lawsuit time limits

Legal Marketing 2023/02/24 15:24   Bookmark and Share
Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.

Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.

Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.

This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.

Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.

In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again.
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Indiana officer accused of shooting detective due in court

Legal Marketing 2016/08/08 16:12   Bookmark and Share
An Indianapolis police officer who allegedly shot and wounded a fellow officer is due in court for a hearing to face an attempted murder charge.

Officer Adrian Aurs is scheduled to appear Thursday afternoon in a Marion County courtroom for an initial hearing on the attempted murder charge.

Authorities say Aurs shot an Indianapolis police detective July 29 as that officer was interviewing Aurs' estranged wife about a domestic violence incident.

The detective suffered non-life-threatening injuries to his right side and arm.

Aurs allegedly fled his wife's Indianapolis apartment in his truck after the shooting. Cincinnati police arrested the 17-year department veteran early Saturday and he was returned to Indianapolis on Tuesday after waiving extradition.

Aurs' defense attorney, James Voyles, has not returned messages seeking comment.

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Spanish court seeks arrest of Putin-linked Russians

Legal Marketing 2016/05/07 10:48   Bookmark and Share
A Spanish judge wants two senior Russian officials with links to the Kremlin arrested so they can be questioned in court about suspected money laundering and criminal association.

National court judge Jose de la Mata Amaya has issued international arrest warrants for Nikolai Aulov, deputy director of Russia's federal drug control agency, and Vladislav Reznik, who is a member of parliament's lower house for the main Kremlin party and deputy chairman of its financial markets committee. Both men are viewed as allies of President Vladimir Putin.

They are among 15 suspects in a years long investigation into alleged Russian mafia activities in Spain, according to court documents released this week. The court said their whereabouts are not known.

The judge handed down his ruling in January. A national court spokesman said the case was never placed under judicial secrecy after the arrest orders were issued on Jan. 22 but it only became publicly known after Spain's El Mundo on Tuesday published a story based on documents outlining the judge's order.

The spokesman said he did not know whether those named in the document had Spanish lawyers. He spoke on condition of anonymity, in keeping with court policy.

The Russian federal drug control agency said the Spanish judge's decision to seek Aulov's arrest was "legally unprofessional, a political hit job and perhaps connected with drug mafia revenge," the state RIA Novosti news agency reported.

A lawyer for Reznik, Alexander Gofshtein, also has described the case as being politically driven.

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US court rejects Virginia death row inmate's appeal

Legal Marketing 2015/11/29 22:52   Bookmark and Share
A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.

Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.

After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.
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Colombia court nixes military justice overhaul

Legal Marketing 2013/10/25 13:36   Bookmark and Share
In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.

In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.

Currently, all human rights cases are supposed to be tried in civil court.

Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.

Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.

President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.

Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure.
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Seegel Lipshutz & Wilchins

Legal Marketing 2013/02/05 07:19   Bookmark and Share
Wilchins Cosentino & Friend LLP, formerly associated as ">Seegel Lipshutz & Wilchins, is committed to providing the best possible legal experience available. Wilchins Cosentino & Friend LLP is organized into six major practice areas – Private Client, Litigation, Family Law, Real Estate, Corporate and Financial Services Litigation. Within those practice areas, we offer a wide range of services that help our clients reach their business and personal goals.

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