High court rules out life sentences for juveniles

Court News 2010/05/17 09:25   Bookmark and Share

The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone.

By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.

The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.

"The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law," Justice Anthony Kennedy wrote in his majority opinion. "This the Eighth Amendment does not permit."

Chief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a "no" vote on the ruling.

Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences.

Those inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.

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DA opposes Polanski's request for sealed testimony

Court News 2010/05/10 09:26   Bookmark and Share

Roman Polanski's request for access to sealed transcripts of testimony by a former prosecutor detailing alleged misconduct should be rejected because of the director's fugitive status, prosecutors argued Thursday in a court filing.

Polanski's attorneys have asked a judge to unseal testimony taken earlier this year by the original prosecutor handling the case, Roger Gunson. They have said it will help their efforts to fight Polanksi's extradition from Switzerland, where he remains under house arrest.

Deputy District Attorney David Walgren wrote in Thursday's filing that the request should be denied because Polanski has repeatedly refused to return to Los Angeles for sentencing.

He said allegations of misconduct in the case can and should be dealt with at Polanski's sentencing.

A hearing on Polanski's motion is scheduled for Monday afternoon.

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Judge rejects mandatory condoms on LA porn sets

Court News 2009/12/23 20:58   Bookmark and Share
A Los Angeles judge has denied a request from an AIDS advocacy group calling for mandatory use of condoms on porn sets.

Judge David Yaffe on Tuesday rejected a petition from the AIDS Healthcare Foundation that contended county health officials hadn't done enough to prevent sexually transmitted diseases in the porn industry.

The group sued the county in July after data showed there were more than 3,700 STD cases over the past five years reported by a clinic that serves porn actors.

In denying the foundation's request, Yaffe said the county has broad discretion in how it oversees public health. The group plans to appeal the decision.

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LV Law firm sues state over mortgage modification licensing

Court News 2009/11/15 10:07   Bookmark and Share

A law firm active in Henderson and Las Vegas is suing the state over rules requiring licensing of non-attorney employees working on mortgage loan modifications.

Cogburn Law Offices LLC filed suit last week in Clark County District Court against the Department of Business and Industry, Division of Mortgage Lending.

Court records indicate the law firm won a temporary restraining order against the division on Friday. District Judge Valorie Vega also set a Friday hearing on Cogburn's request for a preliminary injunction, which would extend the restraining order while the issue is litigated.

The lawsuit was filed by attorney Terry Coffing of the firm Marquis & Aurbach.

Coffing said Monday that Cogburn Law Offices has not received any notification of enforcement action against it by the Mortgage Lending Division and that the restraining order should preserve the status quo until Friday's hearing.

Coffing said the State Bar of Nevada, which regulates the legal industry, has expressed concern over the rules and he hopes the bar intervenes in the case on Cogburn's side.

He said Jamie Cogburn, co-founder of the law firm, supports regulation of the loan modification industry to ensure consumers are not harmed by scam artists.

But the division's rules are too broad, including provisions attempting to regulate the practice of law, Coffing said.

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2 Hudson residents sue General Mills over Cheerios cholesterol claims

Court News 2009/10/19 09:24   Bookmark and Share
Two Hudson County residents are suing General Mills over the cereal maker's claims that Cheerios helps reduce cholesterol, NJBiz.com reports.

Edward Myers and Elsa Acevedo are the lead plaintiffs in the $5 million class-action suit filed in U.S. District Court in Newark, the Web site said.

The Food and Drug Administration issued a warning to General Mills over the issue in May, the Web site noted.
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Workplace Bullying Worse Than Sexual Harassment: Study

Court News 2009/08/03 13:01   Bookmark and Share
Whether it is belittling comments, persistent criticism or withholding resources, bullying at work is more harmful than sexual harassment, according to Canadian research done last year.

It is more difficult for employees to cope with bullying because they have nowhere to turn and no workplace policies or legislation to protect them compared to victims of sexual harassment. Their overall well-being is worse, they are more stressed, angry, anxious, less committed and more likely to quit.

"Bullying can be done in such an insidious way that unless you're the victim, other people don't even know its happening," Sandy Hershcovis, of the University of Manitoba in Winnipeg, said in an interview.

"Its really hard to get other people to understand or to try to report it."

If you have reported this type of problem in your workplace with no results, you should hire a labor and employment lawyer. Weinberg Law Firm can assist those in the Plato, Texas area with these problems. The employment attorneys of Weinberg Law Firm can also help with sexual harassment cases. Contact them to discuss your case.
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