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Bill Cosby's day of reckoning arrives in court
Topics in Legal News |
2018/09/27 15:44
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The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."
Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.
The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.
The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.
Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.
Constand said she now lives alone with her two dogs and has trouble trusting people.
"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement. |
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Court suspends law license for SC prosecutor facing charges
Attorney Blog News |
2018/09/26 15:43
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South Carolina's Supreme Court has suspended the law license of a prosecutor accused of embezzling money seized from drug defendants to pay for personal trips to Europe and the Galapagos Islands.
The court issued that order Monday for 5th Circuit Solicitor Dan Johnson, whose jurisdiction includes Richland and Kershaw counties, along with the state's capital city of Columbia.
Johnson was suspended from office last week following his indictment on more than two dozen federal charges including wire fraud and theft of government funds. His communications director, Nicole Holland, faces the same 26 charges.
State and federal authorities have been investigating the travel and spending habits of Johnson, who logged more than 70 days of travel over a period of less than two years. Trips to locations including Amsterdam, Colombia and the Galapagos Islands were reflected in credit card bills and receipts released by a nonprofit that obtained them through open-records laws.
The money, prosecutors said, was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases. Johnson recently lost a primary bid for a third term and hasn't responded to messages about charges against him. Previously, he has declined to answer specific questions about his travels but has said he didn't intend for public money to be used for personal expenses. |
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Stand-ins to decide who sits on West Virginia Supreme Court
Legal Blog News |
2018/09/25 15:43
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A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.
Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.
Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.
Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.
Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.
Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.
According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling. |
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Missouri court lets redistricting initiative go to voters
Legal Opinions |
2018/09/23 15:17
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A Missouri appeals court panel cleared the way Friday for voters to decide a November ballot initiative that could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.
The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.
The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."
Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.
As it stands, the measure would appear on the ballot as Constitutional Amendment 1.
"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.
The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.
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3 hurt in court shooting leave hospital; gunman identified
Legal Blog News |
2018/09/21 15:15
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The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.
Crystal Dowdell, 39, posted on her Facebook account that she was fine late Wednesday and that police had taken her phone as evidence. Pennsylvania state police confirmed Thursday that Patrick Dowdell, 61, was the deceased gunman.
Dowdell entered the Masontown Borough building about 60 miles south of Pittsburgh after 2 p.m. Wednesday with a handgun drawn and began firing into the crowded complex’s lobby. He wounded a police officer, who was treated and released for injuries to his hand, before wounding three civilians.
Authorities would not say whether any of the victims were Dowdell’s intended target or related to the domestic violence charges he was scheduled to appear in court to face Wednesday.
The three were taken to Ruby Memorial Hospital in Morgantown, West Virginia. A spokeswoman said Thursday the two men, ages 35 and 47, and a 39-year-old woman were all released Wednesday night. |
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