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Huguely files appeal request with U.S. Supreme Court
Court News |
2015/06/19 14:14
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A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.
Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.
Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.
Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”
“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.
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Illinois high court: Comcast must reveal anonymous commenter
Court Watch |
2015/06/18 14:15
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The Illinois Supreme Court has affirmed a lower court opinion ordering Comcast Cable Communications to identify a subscriber who posted an anonymous message suggesting a political candidate molests children.
The court said Thursday that the internet service provider must identify the subscriber who commented on a 2011 article in the Freeport Journal Standard about Bill Hadley's candidacy for the Stephenson County board.
The commenter, who used the online name "Fuboy," wrote that "Hadley is a Sandusky waiting to be exposed" because he can see an elementary school from his home. The comment was an apparent reference to former Penn State football coach Jerry Sandusky who was convicted of child sex abuse in 2012.
Hadley filed a defamation lawsuit against the commenter and subpoenaed Comcast demanding that it identify the subscriber. |
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Texas turns away from criminal truancy courts for students
Attorney News |
2015/06/16 14:15
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A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.
Gov. Greg Abbott has signed into law a measure to decriminalize unexcused absences and require school districts to implement preventive measures. It will take effect Sept. 1.
Reform advocates say the threat of a heavy fine — up to $500 plus court costs — and a criminal record wasn't keeping children in school and was sending those who couldn't pay into a criminal justice system spiral. Under the old law, students as young as 12 could be ordered to court for three unexcused absences in four weeks. Schools were required to file a misdemeanor failure to attend school charge against students with more than 10 unexcused absences in six months. And unpaid fines landed some students behind bars when they turned 17.
"Most of the truancy issues involve hardships," state Sen. John Whitmire, D-Houston, said. "To criminalize the hardships just doesn't solve anything. It costs largely low-income families. It doesn't address the root causes."
Only two states in the U.S. — Texas and Wyoming — send truants to adult criminal court. In 2013, Texas prosecuted about 115,000 cases, more than twice the number of truancy cases filed in juvenile courts of all other states, according to a report from the nonprofit advocacy group Texas Appleseed. An estimated $10 million was collected from court costs and fines from students for truancy in fiscal year 2014 alone, the Texas Office of Court Administration said.
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Appeals court sets aside conviction of bin Laden assistant
Legal Business |
2015/06/13 13:59
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A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.
The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.
The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.
Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.
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Court says net neutrality rules will go into effect Friday
Court Watch |
2015/06/13 13:59
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Rules that treat the Internet like a public utility and prevent companies from blocking or slowing down some online traffic will go into effect Friday after a federal appeals court refused to delay them.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said it won't postpone implementation of the net neutrality regulations even though AT&T, Verizon, and other companies are fighting against them. The panel said the United States Telecom Association, the plaintiffs in the case, did not satisfy the requirements for a stay.
The ruling is a setback for the industry, but the litigation will go on. The court accepted the Telecom Association's request to speed up the proceedings and asked the two sides to submit a schedule for briefing within two weeks.
Last February, the FCC agreed in a 3-2 vote to new rules that specifically prohibit service providers from blocking or slowing Internet traffic. To make sure the FCC has the authority to punish violators, the agency agreed to put Internet service in the same regulatory camp as the telephone and other utilities. That means providers would have to act in the "public interest" when supplying Internet service and refrain from "unjust or unreasonable" business practices.
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