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Former Navy lawyer goes before Kan. Supreme Court
Court News |
2012/10/27 14:14
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A former Navy lawyer who was convicted during a court martial in 2007 for mailing secret information about Guantanamo Bay detainees is seeking to get his law license reinstated in Kansas.
Attorneys for Matthew Diaz will argue on Thursday before the Kansas Supreme Court to accept a recommendation from the Office of Judicial Administration to suspend his law license for three years effective 2008. Because of the timeline, Diaz would be reinstated with the Kansas bar.
The disciplinary hearing panel said Diaz warranted "significant discipline" for his actions, which included the act of printing and sending classified information and sending it to an unauthorized person. |
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Court: Idaho woman can't challenge fetal pain law
Court News |
2012/09/14 12:15
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A federal appeals court on Tuesday ended an Idaho woman's challenge of a law banning some abortions that might cause fetal pain, saying she didn't have legal standing to contest it because she wasn't charged with that crime.
The development came in a broader lawsuit filed by Jennie Linn McCormack, who is believed to be the first person in the nation to sue over bans on conducting abortions after 20 weeks of pregnancy based on the premise that the fetus might feel pain. Idaho and several other states have the bans.
However, the court didn't close the door on all challenges to the fetal pain law. McCormack's lawyer, who is also a doctor and her co-plaintiff in the lawsuit, can still fight the ban in federal courts.
The appellate court also ruled Tuesday that some other Idaho abortion laws are likely unconstitutional, including one barring medication-induced abortions.
The decision was largely a win for McCormack, a Pocatello resident who sued Bannock County Prosecutor Mark Hiedeman after she was charged in May 2011 with having an illegal abortion.
Hiedeman alleged that McCormack used drugs she obtained over the Internet to terminate her pregnancy, which was more than five months along. The law requires that health professionals be involved in ending a pregnancy, and it carries a possible five-year sentence for a conviction. |
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Ga. county must $4 million to billboard firm
Court News |
2012/09/07 16:09
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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."
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Appeals court: Seniors can't reject Medicare right
Court News |
2012/02/07 10:00
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A federal appeals court ruled Tuesday that seniors who receive Social Security cannot reject their legal right to Medicare benefits, in a rare case of Americans suing to get out of a government entitlement.
Former House Majority Leader Dick Armey is among the five senior citizens who sued to stop their automatic eligibility for Medicare. But the appeals court ruled in a split decision that the law gives them no way to opt out of their eligibility if they want to keep their Social Security benefits.
Armey, a Texas Republican, and his co-plaintiffs say their private insurers limit their coverage because they are eligible for Medicare, but they would prefer the coverage from their private insurers.
"We understand plaintiffs' frustration with their insurance situation and appreciate their desire for better private insurance coverage," Judge Brett Kavanaugh wrote in a majority opinion joined by Douglas Ginsburg, both Republican appointees. But they agreed with the Obama administration that the law says those over age 65 who enroll in Social Security are automatically entitled to Medicare Part A, which covers services including hospital, nursing home care, hospice and home health care.
The case is being funded by a group called The Fund For Personal Liberty, which says its purpose is to take on burdensome government regulations. Attorney Kent Brown, who argued the case for the plaintiffs, say they want to keep their Social Security because they believe they earned it, but none of them want Medicare Part A. |
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Priest with gambling habit facing prison in Vegas
Court News |
2012/01/13 10:10
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A lawyer planned to ask a federal judge on Friday to reject a call for almost three years of prison time and instead give probation to a Roman Catholic priest who pleaded guilty to siphoning $650,000 over eight years from his northwest Las Vegas parish gift shop, votive candle collection and prayer funds to support his gambling habit.
In documents filed in advance of sentencing, Monsignor Kevin McAuliffe's attorney asks U.S. District Court Judge James Mahan to let McAuliffe, 59, continue getting counseling for a gambling addiction, keep practicing as a priest and pay restitution to his parish, St. Elizabeth Ann Seton Church in Summerlin.
As an ordained priest, McAuliffe will "continue to atone for his wrongdoing as he carries on with his life-long obligations and service" to the church, attorney Margaret Stanish said in Jan. 6 documents. She quoted excerpts from some of about 100 letters of support from supporters and parishioners at one of the largest church congregations in Nevada. |
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