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Minn. Supreme Court sides with HIV-positive man
Topics in Legal News |
2013/08/26 11:59
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The Minnesota Supreme Court rejected a prosecutor's effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man, ruling Wednesday that the statute under which he was convicted was ambiguous.
Groups supporting gay rights said the ruling affirms the need for government to respect the personal and private decisions of consenting adults regarding sexual intimacy. The prosecutor contended the case was never a civil rights issue, but rather about protecting the public from people who know they're infected but practice unprotected sex anyway.
The high court affirmed a Court of Appeals decision that reversed the attempted first-degree assault conviction of Daniel James Rick, 32, of Minneapolis, who learned he was HIV positive in 2006. He had consensual sex several times starting in early 2009 with a man identified in court papers as D.B., who tested positive that October.
A jury acquitted Rick in 2011 under the first part of a Minnesota statute that applies to cases involving sex without first informing the other person that the defendant has a communicable disease. But it convicted him under another section that the Supreme Court ruled Wednesday applies only "to the donation or exchange for value of blood, sperm, organs, or tissue and therefore does not apply to acts of sexual conduct." |
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Appeals court affirms AWOL soldier's life sentence
Headline Legal News |
2013/08/21 12:42
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A federal appeals court has affirmed two life terms against an AWOL soldier who planned to detonate a bomb inside a Texas restaurant frequented by Fort Hood soldiers.
Naser Jason Abdo appealed that his arrest was unlawful, that he had been denied access to an expert witness and that he was unfairly charged twice for the same offense. But the 5th U.S. Circuit Court of Appeals in New Orleans on Monday threw out all Abdo's claims, saying the August 2012 sentence stands.
Stan Schwieger, Abdo's lawyer, said the aim of the appeal was to get a trial and now he will most likely request an "en banc" review of the appeal, meaning that all the judges of the 5th Circuit would have to review the three-judge panel's opinion. Such a review is discretionary and, according to Schwieger, only 1 percent of cases that go before the Circuit Court of Appeals get it.
Abdo was AWOL from Fort Campbell, Ky., when he was arrested with bomb-making materials in 2011. A federal jury convicted him in May 2012 on six charges including attempting to use a weapon of mass destruction. Abdo also was found guilty of attempted murder of U.S. officers or employees and four counts of possessing a weapon in furtherance of a federal crime of violence. |
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NY man pleads guilty in Paula Deen extortion case
Court News |
2013/08/19 15:43
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A New York man pleaded guilty in federal court Friday to trying to extort $200,000 from Paula Deen by threatening to reveal damaging information about the embattled celebrity cook if she didn't pay him to stay quiet.
"I had, I guess, some bad judgment," 62-year-old Thomas George Paculis told a U.S. District Court judge in Savannah.
"I do take responsibility for what I have done."Paculis, of Newfield, acknowledged sending emails to Deen's attorney offering to trade his silence for cash in June. It came a few days after documents became public that revealed the former Food Network star had said under oath that she used racial slurs in the past.
As Deen's culinary empire began to crumble, Paculis claimed he could reveal things that would bring her "financial hardship and even ruin," according to one email that invited Deen's lawyer to "make me an offer I can't refuse."
Neither Paculis nor federal authorities have revealed what sort of dirt the defendant claimed he could dish up regarding Deen or if he truly had any at all. He owned a restaurant in Savannah in the 1990s, but Deen told the FBI she didn't recognize his name or his face. |
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Maine RR makes 1st court appearance in bankruptcy
Court News |
2013/08/12 15:15
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A railroad company whose runaway oil train killed 47 people in Canada was granted permission Thursday to continue its business operations pending the appointment of a bankruptcy trustee.
Montreal, Maine & Atlantic lawyers made their first appearance in courtrooms in Bangor and in Montreal a day after the company filed for bankruptcy protection, while Maine's transportation commissioner said the state will make sure that the company's rail lines stay open during bankruptcy proceedings.
In Bangor, U.S. Bankruptcy Court Judge Louis Kornreith granted Montreal, Maine & Atlantic Railway Ltd.'s motion to keep operating until a trustee is appointed to oversee the case. The company says it can preserve the value of its assets for an eventual sale if it can maintain its day-to-day operations during bankruptcy.
In Montreal, a Quebec Superior Court judge granted Montreal, Maine & Atlantic Canada Co. creditor protection, a decision expected to increase the value of the company's assets and speed up the payment process.
The railroad has come under particularly harsh criticism in Canada for the way it's handled itself since July 6, when an unattended train carrying crude oil derailed in Lac-Megantic, Quebec, setting off massive explosions that destroyed much of the downtown area and killed the 47 people. Justice Martin Castonguay told a Montreal courtroom on Thursday that the company's actions have been "lamentable."
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The Law Offices of Craig Hubble - Manhattan Beach Employment Lawyer
Court News |
2013/07/26 10:59
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Manhattan Beach Employment Lawyer, Craig Hubble, is the aggressive representation you need and is someone who will devote their time and highest level of service to his clients in business entities including but not limited to commercial and civil litigation matters, employment matters such as wrongful termination, and class actions. We can help you obtain the results and outcome you want to see.
With over decades of experience working in some of the best law firms, our skill level allows us to give the best hands-on service to our clients. Even though we are located in Southern California, Law Offices of Craig Hubble practices in all state and federal trial and appellate courts throughout California. For most cases, we only charge if we get a favorable outcome.
To learn more about how the Law Offices of Craig Hubble can help you, contact us today for a free consultation. In many cases, we can arrange to meet near your home or office for your convenience. |
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