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Court rejects ex-NY Fed employee's retaliation claim lawsuit
Topics in Legal News | 2015/09/23 22:54
A New York-based federal appeals court has rejected claims of a former employee of the Federal Reserve Bank of New York who says she was fired for her probe into the banking firm Goldman Sachs.

The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday upheld a lower-court ruling dismissing Carmen Segarra's lawsuit.        

She claimed the New York Fed interfered with her examination of Goldman Sachs' legal and compliance divisions and directed her to change findings.

The appeals court was particularly dismissive of Segarra's effort to hold three New York Fed employees responsible. It said the effort was "speculative, meritless, and frankly quite silly."

The Federal Reserve oversees Wall Street's biggest financial institutions.

Last year, Senate Democrats accused the Fed of being too close to big banks it regulates.





Ohio court: Wording of pot legalization ballot is misleading
Topics in Legal News | 2015/09/15 15:29
Ohio's Supreme Court ruled Wednesday that part of the ballot wording describing a proposal to legalize marijuana in the state is misleading and ordered a state board to rewrite it.

Supporters of the measure, known in the fall election as Issue 3, challenged the phrasing of the ballot language and title, arguing certain descriptions were inaccurate and intentionally misleading to voters. Attorneys for the state's elections chief, a vocal opponent of the proposal, had said the nearly 500-word ballot language was fair.

In a split decision, the high court sided with the pot supporters in singling out four paragraphs of the ballot language it said "inaccurately states pertinent information and omits essential information."

The court ordered the state's Ballot Board to reconvene to replace those paragraphs about where and how retail stores can open, the amount of marijuana a person can grow and transport and the potential for additional growing facilities.

"The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters," the court said.

The court allowed the ballot issue's title, "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes," to stand in a blow to the backers who had taken issue with the use of the word "monopoly."

Passage of Issue 3 would make Ohio a rare state to go from outlawing marijuana to allowing it for all uses in one vote.

The full text of the proposed constitutional amendment has nearly 6,600 words. It would allow anyone 21 and older to buy marijuana for medicinal or personal use and grow four plants. It creates a network of 10 authorized growing locations, some that already have attracted a celebrity-studded list of private investors, and lays out a regulatory and taxation scheme.


OJ Simpson appeal rejected by Nevada Supreme Court
Topics in Legal News | 2015/09/11 23:02
Imprisoned former football star O.J. Simpson lost his latest appeal of his 2008 kidnapping and armed robbery conviction in Las Vegas.

A three-member Nevada Supreme Court panel rejected Simpson's request for a new trial, ruling in a 16-page order Thursday that there was no reason to overturn a lower court judge's decisions in the case.

"We ... conclude the district court did not err in denying these claims," justices Ron Parraguire, Michael Douglas and Michael Cherry said.

Simpson lawyers filed the appeal last October, arguing that Clark County District Court Judge Linda Marie Bell was wrong to deny Simpson a new trial on charges that got Simpson sentenced to 9 to 33 years in a botched hotel room heist.

Simpson lawyers Patricia Palm, Ozzie Fumo and Tom Pitaro argued that his trial attorney mishandled his case and had conflicts of interests. The three attorneys didn't immediately respond to messages late Thursday, and it wasn't immediately known if Simpson was aware of the ruling.

Simpson, 68, is serving his sentence in a northern Nevada prison after a jury found him guilty of multiple felonies for leading five other men in a September 2007 confrontation with two sports memorabilia dealers at a Las Vegas hotel. Two of the men with Simpson testified they brought guns, at Simpson's request.

The Heisman Trophy winner, NFL Hall of Fame member and former television and movie star didn't testify at his robbery trial in Las Vegas. His attorneys, Yale Galanter and Gabriel Grasso, claimed Simpson was just trying to retrieve items stolen from him after his 1995 acquittal in Los Angeles in the deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

The Supreme Court in September 2010 rejected a previous Simpson appeal, filed by Galanter.

Simpson's appeal argued that his multiple convictions and sentences for assault with a deadly weapon and robbery with use of a deadly weapon constitute double-jeopardy; that Galanter should have challenged his multiple convictions and punishments; and that the jury should have been given a chance to consider lesser kidnapping and theft offenses.




Court rejects inmate's challenge in 5 Ohio prison slayings
Topics in Legal News | 2015/08/18 13:17
A federal appeals court has rejected a challenge by an inmate convicted and sentenced to be executed for the slayings of five fellow inmates during a 1993 prison riot in Ohio.

Death row inmate Keith LaMar was convicted of aggravated murder in 1995 in the deaths of five inmates during the riot at the Southern Ohio Correctional Institution in Lucasville. A jury recommended the death penalty in four of the slayings.

The 6th U.S. Circuit Court of Appeals on Tuesday upheld a lower court's decision keeping the 46-year-old LaMar's convictions and death sentences in place.

LaMar argues he was denied a fair trial when prosecutors were allowed to withhold evidence from the defense.

A three-judge panel ruled the evidence would not have changed the outcome of LaMar's trial.



Penn State ex-officials' case heads to appeals court hearing
Topics in Legal News | 2015/08/13 23:26
The criminal case against three former high-ranking Penn State administrators is headed to a Pennsylvania appellate courtroom, nearly four years after two of them were first charged. A decision against them could clear the way for trial.

The group of Superior Court sessions in a state Capitol courtroom on Tuesday will address the actions of Penn State's then-general counsel, Cynthia Baldwin, as the men were being investigated for an alleged cover-up of child sex abuse complaints against Jerry Sandusky.

The judges are expected to conduct three separate half-hour sessions, one each for former university president Graham Spanier, former vice president Gary Schultz and former athletic director Tim Curley.

The appellate court file is sealed, so the precise nature of the legal dispute is somewhat clouded. But the appeals were launched after a January order by Dauphin County Judge Todd Hoover that rejected their arguments attacking the fairness and legality of the process that led to charges.



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