41 entries in 'Legal Interview'
2018/04/28   Man tests positive for drugs while appearing in Pierre court
2018/04/06   Court clerk: Despite memo, staff not required to campaign
2018/03/28   Stephen Reinhardt, liberal circuit court judge, dies at 87
2017/12/08   Supreme Court won't hear dispute involving NC TV network
2017/11/20   The Latest: Senate panel approves tax overhaul bill
2017/11/11   Samsung worker killed by brain tumor wins compensation case
2017/11/10   Florida man back at Supreme Court with 1st Amendment case
2017/09/25   Abortion clinic seeks to sue Ohio over budget restrictions
2017/08/15   Former Pakistan PM challenges disqualification by court
2017/08/10   Supreme Court to allow electronic filing in November
2017/06/05   Bill Cosby arrives in court ahead of sexual assault trial
2017/06/02   East Timor court drops premier's libel case against media
2017/04/08   Newest justice joins high court amid competing caricatures
2017/02/13   Supreme Court nominee has defended free speech, religion
2017/02/10   Rolling Stone defamation case over rape story back in court
2017/01/22   Court ponders mass murderer Breivik's prison conditions
2017/01/19   Man accused of killing Orlando officer defiant in court
2017/01/03   Court says convicted killer Skakel's defense was adequate
2016/11/16   Delaware County creates domestic violence court
2016/10/21   Grassley: GOP can't stonewall a Clinton Supreme Court pick
2016/09/16   Appeals court orders judge to expunge woman's convictions
2016/09/09   High court temporarily blocks subpoena over sex ads
2016/09/01   Justice Kagan says court doesn't feel political pressure
2016/07/12   Court orders release of detained immigrant kids, not parents
2016/06/02   Police union defends ex-officer in black musician's death
2016/04/24   JetBlue attendant pleads not guilty to cocaine charge
2016/03/23   Court gives green light to death penalty fast-tracking
2016/02/27   California High Court Allows Gov. Jerry Brown's Prison Initiative
2016/01/17   High court seems skeptical of mandatory public union fees
2015/12/08   Kansas Court of Appeals mulls state protections for abortion
2015/10/19   US appeals court upholds gun laws after Newtown massacre
2015/09/11   OJ Simpson appeal rejected by Nevada Supreme Court
2015/06/20   Texas turns away from criminal truancy courts for students
2013/11/01   Washington, DC Criminal Defense Lawyer
2012/10/05   Illegal immigrant in Fla. fights for law license
2009/10/05   LAs leave 25% of class action settlements unclaimed
2008/10/20   ABA Antitrust Fall Forum
2008/04/03   Hazard Receives 2008 Franck Responsibility Award
2008/03/11   State Bar scolds Robeson DA for media comments
2008/02/29   Former bar presidents support Servaas
2008/02/29   Lawyers ask for more time to redefine practice of law


Man tests positive for drugs while appearing in Pierre court
Legal Interview | 2018/04/28 02:11
A Rapid City contractor has tested positive for drugs while in a Pierre court pleading guilty to assault.

The Capital Journal reports that 30-year-old Jesse Lange pleaded guilty to felony assault of a worker for the grain bin business Lange operates with his father. His attorney, Brad Schreiber, says there was an element of self-defense in the motel room altercation last year.

But state Judge Mark Barnett, watching Lange, asked a court official to get a urine test kit and said Lange appeared high. An official said the test was positive for meth and ecstasy.

Lange's guilty plea couldn't be accepted, and he was jailed for violating the conditions of his bond for the assault charge. Barnett says another arraignment could be held once the drugs have left Lange's system.

Supreme Court turns down appeal in exotic swine case

The Michigan Supreme Court has turned down an appeal in a dispute over exotic pigs in the Upper Peninsula.

A Marquette County judge in 2016 said 10 pigs violated state restrictions on Russian boars and should be destroyed. The appeals court affirmed that decision, and the Supreme Court won't intervene.

The Department of Natural Resources designated Russian boars and other exotic swine as an invasive species. The state says they've escaped from hunting ranches and small farms and ravaged the environment.

Lawyers for game ranch owner Greg Johnson of Negaunee Township say the pigs can be traced to domestic breeds.


Court clerk: Despite memo, staff not required to campaign
Legal Interview | 2018/04/06 12:03
The clerk of court in one North Carolina county says she never meant to require any of her employees to work for her re-election even though that's what a leaked memo said.

After the memo was published, Surry County Clerk of Court Teresa O'Dell told the Mount Airy News that she doesn't require staff to work for her campaign. She acknowledged that the memo "seemed to indicate otherwise" and sent a follow-up note.

A memo distributed March 27th said employees would be required to campaign for her, including taking vacation time so they weren't doing political work while on the clock.

She also told staffers that she wouldn't be in the office before the primary.

O'Dell is facing a challenge from Neil Brendle in the May 8 Republican primary.



Stephen Reinhardt, liberal circuit court judge, dies at 87
Legal Interview | 2018/03/28 02:31
Judge Stephen Reinhardt, a liberal stalwart on the U.S. 9th Circuit Court of Appeals for nearly four decades, died Thursday in Southern California. He was 87.

Reinhardt died of a heart attack during a visit to a dermatologist in Los Angeles, court spokesman David Madden said.

"As a judge, he was deeply principled, fiercely passionate about the law and fearless in his decisions," 9th Circuit Chief Judge Sidney Thomas said in a statement. "He will be remembered as one of the giants of the federal bench."

Reinhardt was appointed by President Jimmy Carter in 1979 and went on to become the sixth longest-serving judge on the court.

He was considered to be one of the most liberal judges on the 9th Circuit and his rulings often placed him on the side of immigrants and prisoners. Reinhardt wrote a 2012 opinion striking down California's gay marriage ban.

He also wrote a 1996 opinion that struck down a Washington state law that prohibited doctors from prescribing medication to help terminally ill patients die.

Last year he wrote in an opinion that a Trump administration order to deport a man who entered the country illegally nearly three decades ago and became a respected businessman in Hawaii was "inhumane" and "contrary to the values of the country and its legal system."

Reinhardt was "brilliant - a great legal mind and writer - but he was equally hard working," said Hector Villagra, executive director of the American Civil Liberties Union Foundation of Southern California.

Villagra, who clerked for Reinhardt in 1995, said he once found the judge in his chambers at 11 p.m. on a Saturday writing a dissent to the court's decision not to rehear a death penalty appeal.


Supreme Court won't hear dispute involving NC TV network
Legal Interview | 2017/12/08 01:10
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.

The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.

Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.


The Latest: Senate panel approves tax overhaul bill
Legal Interview | 2017/11/20 05:57
Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."

Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."


Samsung worker killed by brain tumor wins compensation case
Legal Interview | 2017/11/11 03:09
Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.

The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.

Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.

Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.

An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.

The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.

The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.

The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.

Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.


Florida man back at Supreme Court with 1st Amendment case
Legal Interview | 2017/11/10 17:10
The U.S. Supreme Court agreed Monday to hear a First Amendment case brought by a Florida man who previously won a landmark ruling from the justices on whether his floating home was a house, not a boat subject to easier government seizure under laws that govern ships and boats.

This time, the justices agreed to hear a case in which Fane Lozman sued after being charged with disorderly conduct and resisting arrest at a public meeting.

Lozman, 56, was never brought to trial on the charges — prosecutors dropped them after concluding there was no possibility of a conviction. Lozman then sued Riviera Beach, claiming his arrest at a 2006 city council meeting violated the First Amendment's free speech guarantee because it was in retaliation for opposing a marina redevelopment plan and accusing council members of corruption.

A jury sided with the city after a trial and an appeals court upheld that verdict. Lozman, however, took the case to the Supreme Court, arguing in part that U.S. appeals courts across the country are split on the issue of retaliatory arrest versus free speech.


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