High court rejects appeal over Homeland Security records
Legal Business | 2016/01/12 07:31
The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.

The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.

The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.

The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.




Jeffrey Dahmer's lawyer suspended by Supreme Court
Headline Legal News | 2015/12/25 01:15
The Wisconsin Supreme Court on Wednesday suspended serial killer Jeffrey Dahmer's attorney for two months over a series of ethics violations tied largely to an attempt to help a client recover money spent on fake John Lennon memorabilia.

The justices also ordered Gerald Boyle to take courses in law office management and to pay $24,900 to cover the costs of the disciplinary proceedings against him.

Boyle rose to prominence in southeastern Wisconsin law circles after he defended Dahmer. The serial killer was sentenced to life in prison after confessing to 17 murders. Another inmate killed Dahmer in 1994. Boyle also gained fame for defending former Green Bay Packers star Mark Chmura against sexual assault charges. Chmura was ultimately acquitted in 2001.

Boyle didn't immediately return a voicemail left Wednesday at his Milwaukee office.

According to court documents, the state Office of Lawyer Regulation brought six misconduct counts against Boyle last year. Five counts were connected to a man who paid out-of-state galleries tens of thousands of dollars for a microphone Lennon had used and sketches the Beatles front man had drawn.

The man, identified only as D.P. in the documents, hired Boyle to represent him in efforts to recover his money after he learned the memorabilia was fake.

Boyle improperly deposited $65,000 in advance fees from D.P. in his office's operational account rather than in a client trust fund, according to court documents. The attorney also failed to prepare written fee agreements or explain in writing the basis for the fees.





Court won't order immediate evaluation of mogul Redstone
Attorney News | 2015/12/22 17:28
A judge Monday declined to order a medical examination of Sumner Redstone but ruled that lawyers for his former companion can take the sworn testimony of two of the ailing media mogul's doctors.

Judge David J. Cowan also ruled that Redstone's longtime attorney, Viacom CEO Philippe Dauman, may also be deposed about his recent interactions with Redstone, but that any testimony he gives should be restricted to details about medical issues.

The rulings were made in a case pursued by Manuela Herzer, Redstone's former girlfriend who until recently had control over his medical care. She was kicked out of his home in October and contends that the 92-year-old can no longer carry on conversations or make informed decisions.

Redstone's attorney, Gabrielle Vidal, has objected to an independent evaluation of the doctor, citing recent evaluations by his doctors including a brain scan that didn't find any signs of impairment.

She praised Monday's ruling, saying Herzer's actions in the case represent a disregard for Redstone's welfare.


ACLU to appeal court ruling in Missouri drug testing case
Court Watch | 2015/12/21 17:29
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.


Polish court convicts chemist of planning parliament attack
Court Watch | 2015/12/20 17:29
A court in southern Poland has handed a 13-year prison term to a chemist found guilty of having plotted a bomb attack on parliament and other buildings in 2012.

The man, identified as Brunon Kwiecien, a university teacher in Krakow, was arrested in 2012 in a much publicized case that the prosecutors said was a successful foiling of a "terrorist" attack. The case involved undercover security officers pretending interest in Kwiecien's scheme.

On Monday a court in Krakow found Kwiecien guilty of preparing an attack on parliament, of trying to induce two students to carry out an attack and of illegal weapons possession.


Japan court says requiring same surname in marriage is legal
Legal Business | 2015/12/18 17:29
Japan's Supreme Court ruled Wednesday that requiring married couples to have the same surname is constitutional, dealing a blow to a longtime effort for gender equality in choosing names.

The law does not say which partner must give up his or her name in marriage. In practice it has almost always been the woman who took the husband's name. Some women say that is unfair and feel as though their identity is lost.

In traditional marriage, one person, usually the woman, enters the household of the partner and is registered as a member of that household. Men are seen as more powerful in Japanese traditional culture. But as women increasingly have careers, some argue that changing surnames is confusing.

Some Japanese women continue to use their maiden name professionally, even after their surnames are legally changed following marriage. Some couples simply don't register their marriages.


Ex-Illinois guardsman pleads guilty in Islamic State plot
Court Watch | 2015/12/15 17:29
A former Illinois National Guard soldier pleaded guilty Monday to charges alleging he conspired to provide material support to the Islamic State group.

Hasan Edmonds, 23, of Aurora, Illinois, pleaded guilty to one count of conspiring to provide material support to a foreign terrorist organization and one count of attempting to provide material support to a foreign terrorist organization.

The pleas in Chicago federal court came one week after his cousin, Jonas Edmonds, 30, of Aurora, pleaded guilty to similar charges.

"Hasan and Jonas Edmonds conspired to provide material support to ISIL," John P. Carlin, assistant attorney general for national security, said in a news release, using one of the alternative names for the Islamic State group. "They admitted planning to wage violence on behalf of ISIL in the Middle East and to conduct an attack on our soil."

Prosecutors say Hasan Edmonds devised a plan for Hasan Edmonds to travel to the Middle East and join Islamic State fighters overseas. After dropping his cousin off at Midway International Airport last March, Jonas Edmonds went to Hasan Edmonds' home and collected several National Guard uniforms that he planned to wear as a disguise during a planned attack at the Joliet armory, the plea agreement said.

Agents with the Chicago FBI's Joint Terrorism Task Force arrested Hasan Edmonds before he could board his flight and arrested Jonas Edmonds at his home a short time later.



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