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Court rejects Cosby's attempt to reseal testimony on affairs
Topics in Legal News | 2016/08/16 10:27
A federal appeals court on Monday rejected Bill Cosby's effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women, saying the documents are now a matter of public knowledge.

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that the comedian's appeal was moot. "The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed," the court wrote in an opinion.

Cosby's attorneys hoped a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.

Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.

In the nearly 1,000-page deposition, the married comic once known as "America's Dad" for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked 1980s TV show, "The Cosby Show," admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.

The documents were released last year on a request from The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.


Court again says New Jersey can't legalize sports betting
Topics in Legal News | 2016/08/12 10:28
A federal appeals court on Tuesday dealt another defeat to New Jersey's yearslong attempt to legalize sports betting, setting aside the state's challenge to a federal betting ban.

The 3rd U.S. Circuit Court of Appeals ruling invalidated a law passed by New Jersey in 2014 that would have allowed sports betting at casinos and racetracks. The court found New Jersey's law repealing prohibitions against sports gambling violated the 1992 Professional and Amateur Sports Protection Act, which forbids state-authorized sports gambling.

"Because PASPA, by its terms, prohibits states from authorizing by law sports gambling, and because the 2014 law does exactly that, the 2014 law violates federal law," the court wrote.

Currently, only Nevada offers legal sports betting on individual games. Delaware offers multigame parlay betting in which players must pick several games correctly to win. Both were given exemptions when PASPA was passed.

New Jersey Gov. Chris Christie and supporters in the state Legislature have sought to legalize sports gambling to help prop up the struggling casino and horse racing industries. It's estimated up to hundreds of billions of dollars are bet illegally on sports every year in the U.S.

Monmouth Park, in Oceanport on New Jersey's coast, is the only venue currently set up to offer sports gambling, if it were legalized.

The dispute has a lengthy legal history. New Jersey voters approved legal sports gambling in 2011, but the four major professional sports leagues and the NCAA sued the state the following year. The leagues claimed the expansion of betting to New Jersey would damage the integrity of their games and lead to more game-fixing.

Sports betting supporters have called the leagues' stance hypocritical, saying the leagues condone and profit from sports fantasy leagues in which participants assemble rosters of players from different teams and compete against others.

North Carolina shooting victim's family hires lawyer

The family of a black North Carolina man shot to death in a neighborhood confrontation in Raleigh has hired the lawyer representing two other black men who were killed by white police officers.

State Rep. Justin Bamberg of South Carolina says he is representing relatives of Kouren-Rodney Bernard Thomas.

Thomas was killed Aug. 7 when a white man living two doors down from a neighborhood party called police to complain of "hoodlums" and then fired a shotgun from his garage. Chad Cameron Copley is charged with murder.

Bamberg also is representing the family of Alton Sterling. The Baton Rouge, Louisiana, man was killed last month after he scuffled with two police officers outside a convenience store.


Indiana officer accused of shooting detective due in court
Topics in Legal News | 2016/08/06 10:29
An Indianapolis police officer who allegedly shot and wounded a fellow officer is due in court for a hearing to face an attempted murder charge.

Officer Adrian Aurs is scheduled to appear Thursday afternoon in a Marion County courtroom for an initial hearing on the attempted murder charge.

Authorities say Aurs shot an Indianapolis police detective July 29 as that officer was interviewing Aurs' estranged wife about a domestic violence incident.

The detective suffered non-life-threatening injuries to his right side and arm.

Aurs allegedly fled his wife's Indianapolis apartment in his truck after the shooting. Cincinnati police arrested the 17-year department veteran early Saturday and he was returned to Indianapolis on Tuesday after waiving extradition.

Aurs' defense attorney, James Voyles, has not returned messages seeking comment.




Appeals court delay requested in ex-Virginia governor's case
Topics in Legal News | 2016/07/26 09:42
Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.

The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.

McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.

The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.



Appeals court orders Utah to fund Planned Parenthood branch
Topics in Legal News | 2016/07/14 08:30
The Utah governor’s order to block funding to Planned Parenthood probably was a political move designed to punish the group, a federal appeals court wrote in an ruling that ordered the state to keep the money flowing.

The 10th U.S. Circuit Court of Appeals in Denver decided Tuesday there’s a good chance the governor’s order violated the group’s constitutional rights.

Utah’s Republican Gov. Gary Herbert cut off cash last fall for sexually transmitted disease and sex education programs after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.

The head of the Planned Parenthood Association of Utah hailed the ruling as a victory for the clinic’s patients.

“Our doors are open today and they will be tomorrow ? no matter what,” CEO Karrie Galloway said in a statement.

Herbert’s spokesman says the governor believes contract decisions should be made by the state and that he was disappointed in the ruling blocking the defunding order while Planned Parenthood’s lawsuit challenging it goes back to be heard by a lower court.

The state is considering its next legal steps, which could include asking the full 10th Circuit to reconsider the panel’s decision.

Herbert didn’t comment on a finding by two appeals court judges that he likely used the controversy to politically attack the group because it provides abortions. A third judge dissented and questioned whether Planned Parenthood would ultimately prevail.

Lawyers for the Utah branch argued it has never participated in fetal donation programs.



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