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Court date postponed in Hines Ward extortion case
Topics in Legal News | 2012/10/25 14:14
A preliminary hearing for a man charged with trying to extort $15,000 from former Pittsburgh Steelers wide receiver Hines Ward was postponed Tuesday until Dec. 3 at the request of his attorney.

Defense attorney David Shrager said he needed more time to investigate the charges against Joshua Van Auker, 26, of Pittsburgh, along with the evidence. He struck a conciliatory tone when he addressed reporters after a brief court appearance, describing his client as naive and inexperienced.

"This is surreal for him, this is a nice young man," Shrager said of his client, who is accused of contacting Ward's personal assistant last week and threatening to go public with information that Ward had paid prostitutes for sex.


NY appeals court nixes Defense of Marriage Act
Court Watch | 2012/10/22 15:14
Saying the gay population has "suffered a history of discrimination,"
a divided federal appeals court in Manhattan ruled Thursday that a
federal law defining marriage as a union between a man and a woman was
unconstitutional, adding fuel to an issue expected to reach the U.S.
Supreme Court soon.

The 2nd U.S. Circuit Court of Appeals seemed interested in adding its
voice to several other rulings already at the high court's doorstep by
issuing its 2-to-1 decision only three weeks after hearing arguments
on a lower court judge's findings that the 1996 law was
unconstitutional.

In a majority opinion written by Judge Dennis Jacobs, the 2nd Circuit,
like a federal appeals court in Boston before it, found no reason the
Defense of Marriage Act could be used to deny benefits to married gay
couples. It supported a lower court ruling after a woman sued the
government in 2010, saying the law required her to pay $363,053 in
federal estate tax after her partner of 44 years died.

Jacobs, though, went beyond the Boston court, saying discrimination
against gays should be scrutinized by the courts in the same
heightened way as discrimination faced by women was in the 1970s. At
the time, he noted, they faced widespread discrimination in the
workplace and elsewhere. The heightened scrutiny, as it is referred to
in legal circles, would mean government discrimination against gays
would be assumed to be unconstitutional.

"The question is not whether homosexuals have achieved political
successes over the years; they clearly have. The question is whether
they have the strength to politically protect themselves from wrongful
discrimination," said Jacobs, who was appointed to the bench in 1992
by President George H.W. Bush.



Lawyer: Bahrain court postpones activist's appeal
Attorney News | 2012/10/19 15:14
A defense lawyer in Bahrain says a court has prolonged the appeal of
an imprisoned human rights activist by ordering another hearing next
month.

Nabeel Rajab is challenging his three-year prison sentence for
allegedly encouraging illegal protests and violence in the
strife-wracked Gulf nation, which is home to the U.S. Navy 5th Fleet.

He is among the most high-profile prisoners in Bahrain's crackdowns.
The country has been hit by near-daily unrest since February 2011,
when its Shiite majority began an uprising demanding a greater
political voice in the Sunni-ruled nation.

Attorney Mohammed al-Jishi says the court on Tuesday set Rajab's next
hearing for Nov. 8.

Also Tuesday, authorities detained another rights campaigner, Mohammed
al-Maskati, the president of the Bahrain Youth Society for Human
Rights.


2 King Co. candidates vying for Attorney General
Attorney News | 2012/10/12 13:58
The two men competing to be Washington's next attorney general are co-workers, but that's about as much similarity King County Councilmen Reagan Dunn and Bob Ferguson will admit to.

Dunn, a Republican, and the Democrat Ferguson have been trying to draw differences for months in their quest to succeed incumbent Rob McKenna, the GOP's candidate for governor.

With about month left until the general election, Ferguson appears to have an advantage. He garnered more votes than Dunn in the August primary, and recent polls show him ahead. But Dunn expects leads to flip flop until Election Day. He put $100,000 of his own money into his campaign in September, according to campaign filings.

Ferguson has offered himself as an independent-minded lawyer who is not afraid to leave party politics behind, while Dunn has touted his experience as a U.S. prosecutor.

A fourth-generation Washingtonian first elected in 2003 to the County Council, Ferguson was an attorney at a prominent Seattle law firm before entering politics.

If elected, Ferguson said he'd create a task force to look into an environmental crimes unit, seek remedies for gangs and continue the practice of consumer protection.


Court lets stand telecom immunity in wiretap case
Legal Business | 2012/10/10 13:56
The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.

The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include AT&T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.

Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.

The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants.


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