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OJ Simpson appeal to Nevada court due in April
Headline Legal News |
2014/01/13 15:20
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O.J. Simpson's lawyers have been given until mid-April to file their written Nevada Supreme Court appeal for a new trial for the former football star in his Las Vegas armed robbery case, Simpson attorney Patricia Palm said this week.
A state high court order on Dec. 20 set a 120-day schedule for Simpson's claim that his fame stemming from his 1995 acquittal in Los Angeles in the deaths of his ex-wife and her friend meant he couldn't get a fair trial in Las Vegas, and that his trial lawyer botched his case.
The order voided a Monday deadline for what would have been expedited high court review.
Palm said she and Simpson attorneys Ozzie Fumo and Tom Pitaro were encouraged that the seven-member Supreme Court agreed to accept a 30-page appeal.
The full seven-member court has not decided whether to hear oral arguments.
Simpson, 66, already lost an initial appeal to the state Supreme Court, the only appeals court in Nevada.
He's in the fifth year of a nine-to-33 years prison sentence after a jury found him guilty of kidnapping, armed robbery and other charges for leading a group of armed men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas casino hotel.
One co-defendant who stood trial and was convicted with Simpson and four former co-defendants who pleaded guilty to felonies before trial and testified against Simpson have served prison time and gone free. Simpson won't be eligible for parole until he is 70.
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Court grants law license to man in US illegally
Headline Legal News |
2014/01/06 11:55
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The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.
The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.
It's the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.
"This is a bright new day in California history and bodes well for the future," the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.
The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.
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Court order needed to stop Pa. center utilities
Headline Legal News |
2014/01/02 14:57
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A judge says a court order is needed to shut off lights and other utilities at Pittsburgh's struggling August Wilson Center for African American Culture.
Allegheny County Judge Lawrence O'Toole on Monday approved an order sought by the center's court-appointed conservator to keep the downtown facility running.
The ruling covers water and electricity as well as sewage treatment, telephone and Internet services.
An attorney for Duquesne Light said the center owes the electric company $38,000 and is running bills of $10,000 a month.
The center, which opened in 2009, is named after late Pulitzer prize-winning playwright August Wilson, who was born in Pittsburgh.
Dollar Bank began foreclosure proceedings in September after the center defaulted on its $7 million mortgage. |
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Supreme Court denies appeal in arson case
Headline Legal News |
2013/12/30 15:02
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The Montana Supreme Court has denied a petition for post-conviction relief filed by a Billings man who argued that a District Court judge misinterpreted the state's arson law and that he had ineffective attorneys.
The Dec. 20 Supreme Court ruling left in place a five-year suspended sentence given to Lionel Scott Ellison in 2009 for an October 2007 fire that damaged a woman's car.
Ellison in 2008 entered a no-contest plea to arson on the advice of his attorney, Jeffrey Michael. Pleading no contest means a person admits no guilt for the crime, but the court can determine the punishment.
Ellison then changed his mind and his attorney, having Herbert "Chuck" Watson file a motion to withdraw the no-contest plea, contending Ellison didn't enter it knowingly or voluntarily. But a District Court judge rejected the request, and in May 2009 Ellison received a five-year suspended sentence.
He appealed the District Court's decision, and the Montana Supreme Court in November 2009 sided with the lower court.
In February 2011, Ellison filed for post-conviction relief, arguing the arson statute only applied to property valued at over $1,000. He said that because the damaged vehicle was worth less, there was no factual basis for his no-contest plea. He also argued that Michael and Watson provided ineffective counsel for allowing him to enter a plea for a charge that had an insufficient factual basis and that Watson didn't use those grounds on appeal. |
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Gay couples wed in Utah after judge overturns ban
Headline Legal News |
2013/12/23 13:14
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Elisa Noel rushed to the county clerk's office with her partner immediately after learning that a federal judge overturned Utah's ban on gay marriage. They waited in line for a wedding license and were married in an impromptu ceremony punctuated with Noel giving the officiant a high-five.
"I can't believe this is Utah," Noel said moments after a ceremony that took place about 3 miles from the headquarters of the Mormon church.
Others had a similar reaction after a ruling by U.S. District Judge Robert J. Shelby that declared Utah's voter-approved ban on gay marriage unconstitutional. The recent appointee by President Obama said the ban violates the constitutional rights of gay couples and ruled Utah failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.
The ruling prompted a frenzy of activity by lawyers and gay couples. The Republican governor blasted the ruling as going against the will of the people. Gay couples rushed to the Salt Lake County Clerk's office en masse to secure marriage licenses, waiting in line by the dozens and getting married on the spot by the mayor and ministers. |
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