Justices step back from Pa. court funding dispute
Headline Legal News | 2012/09/27 22:47
The Pennsylvania Supreme Court is declining a request by county governments that the justices force the General Assembly to provide more money for state courts and bring more uniformity to the court system.

The court ruled unanimously on Wednesday against the County Commissioners Association of Pennsylvania and 10 counties. The decision could end litigation over funding levels and uneven standards across the state that goes back a quarter century.

Chief Justice Ronald Castille's written opinion says there's been progress in recent years and the justices believe that "further enhancements" of the state courts should be a product of cooperation among the three branches of government.

An association spokesman says he's disappointed, while spokesmen for state House and Senate leaders didn't immediately respond to messages.


Mo. high court hears arguments on incentive fund
Areas of Focus | 2012/09/22 23:10
Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.

Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.

During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect.


MacDonald goes to court in 'Fatal Vision' case
Legal Business | 2012/09/20 23:10
Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.

The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.

It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances.


Outgoing NC Sen. Stevens resigns, joins law firm
Attorney News | 2012/09/14 19:03
A state senator has resigned from the North Carolina General Assembly and is joining a Raleigh law firm to help clients on economic development, regulatory and other government policy issues.

Five-term Republican Sen. Richard Stevens of Cary resigned effective last Friday, and the Smith Anderson law firm announced his hiring Monday.

Stevens already had announced in February he wasn't seeking re-election this fall. He served in the budget-adjusting session that ended in early July. Stevens is a former Wake County manager who once served as the trustee board chairman at the University of North Carolina at Chapel Hill.

It's unclear whether Wake County Republican leaders will choose someone to serve out the remaining four months of Stevens' term, since there are no plans for the Legislature to reconvene this year.


KC law firm owner faces murder, forgery charges
Headline Legal News | 2012/09/12 19:03
The owner of a Kansas City law firm was indicted Friday on first-degree murder and forgery charges, but authorities would not confirm whether it's related to the 2010 shooting death of the attorney's father.

The Jackson County Sheriff's Office said in a news release that Susan Elizabeth Van Note, 44, of the Kansas City suburb Lee's Summit, was arrested shortly after the indictment and that the charges are in connection to an investigation into a 2010 homicide in Camden County. The release does not name the homicide victim.

Van Note's father, 67-year-old accountant William Van Note, was shot in October 2010 along with his companion, Sharon Dickson, 59. Dickson died in the shooting at their Sunrise Beach home at the Lake of the Ozarks in Camden County. Van Note died four days later in a hospital in Boone County.


Ga. county must $4 million to billboard firm
Headline Legal News | 2012/09/07 22:58
A Georgia county has been ordered to pay more than more than $4 million in damages and attorney fees to a billboard company as part of its ongoing fight to keep billboards out of Atlanta's northern suburbs.

The Atlanta Journal-Constitution reports that the verdict is the latest blow to Fulton County in its long-running legal battle against billboard companies.

A U.S. District Court in Atlanta jury last month awarded the $3.97 million in damages to KH Outdoor, which sued the county in 2003. Last week, a federal judge ordered the county to pay $477,156 in attorneys' fees and expenses to the company's lawyers.

Adam Webb, a lawyer for the billboard company, declined to comment. Fulton County Attorney David Ware said an appeal by the county "remains a viable option."


W.Va. court hears 'rescue' funding arguments
Legal Business | 2012/09/05 22:58
Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the state court was told during a hearing Tuesday.

Adam Skaggs, lawyer for the Republican hopeful, argued that legislative and executive branch officeholders are expected to favor agendas and interest groups that helped them win. But judges are supposed to harbor no bias, and West Virginia created the public financing pilot program amid concerns about campaign cash influencing the judiciary, said Skaggs, an official with the nonpartisan Brennan Center for Justice at New York University's law school.

"The state has compelling interests in the context of judicial elections that are absent from any other type of election," Skaggs told the court.

The point is crucial to Loughry's pursuit of "rescue" funds, normally triggered by spending by a traditionally financed candidate or outside group. With two, 12-year terms up on the court this year, Loughry alone among the four Supreme Court candidates has sought and received funding through the pilot program. Provided $350,000 for the general election, Loughry is seeking another $144,500 or so in matching funds.


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