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Supreme Court Upholds Hawaii Reapportionment
Law Firm Press Release | 2014/01/24 14:26
The Supreme Court has upheld Hawaii's reapportionment plan that leaves out some military personnel and students when calculating population and determining state legislative districts.

The justices affirmed a lower court ruling without comment Tuesday.

Voters challenging the reapportionment plan said it wrongfully excluded more than 108,000 military members, their families and university students. But a three-judge court in Hawaii found that the plan did not violate the Constitution's right to equal protection.

The case is Kostick v. Nago, 13-456.


Italian court hears final rebuttals in Knox trial
Law Firm Press Release | 2014/01/20 14:28
A prosecutor urged a court on Monday to take steps to make sure that American Amanda Knox and her former Italian boyfriend would serve their sentences, if they are convicted of murdering British student Meredith Kercher.

Prosecutor Alessandro Crini preceded his request by noting that Knox has remained in the United States for this trial, while co-defendant Raffaele Sollecito has traveled abroad during it.

The defense and prosecution were both making their final rebuttals on Monday before the court begins deliberations on Jan. 30. A verdict is expected later that day.

Crini has requested guilty verdicts and jail sentences of 26 years for both defendants, and that the court increase to four years Knox's three-year sentence for a slander conviction, which has been upheld.

In the case of Sollecito, who told reporters Monday that he intends to remain in Italy for the verdict, the precautionary measures could include immediate arrest, house arrest or the confiscation of his passport.

The court's reach in Knox's case is limited by her presence in the United States, where she returned a free woman after the 2009 guilty verdicts against her and Sollecito were thrown out by a Perugia appeals court in 2011. Italy's highest court ordered a second appellate trial after blasting the acquittal.


Court hearings for 2 arrested in student stabbing
Topics in Legal News | 2014/01/20 14:27
A 23-year-old man and a 16-year-old boy arrested in the stabbing of a Seattle University student have been ordered held after initial court appearances.

The Seattle Times reports that bail for the man was set Thursday at $1 million while the teen was ordered held in juvenile custody. Prosecutors say they expect to file charges Friday.

A 16-year-old girl arrested in the attack early Wednesday was released pending further investigation.

The suspects were arrested for investigation of robbery and assault. Police allege they followed a 23-year-old student, pushed him to the ground and stabbed him in the chest. He called for help from an emergency kiosk on campus. The student was hospitalized in serious condition.


Court: Feds can target California pot clinics
Topics in Legal News | 2014/01/16 15:11
An appeals court Wednesday affirmed the federal government's long-standing policy that California medical marijuana dispensaries have no protection under state law from drug prosecutions.

The 9th U.S. Circuit Court of Appeals ruled Wednesday that three California dispensaries, their customers and their landlords are barred from using a state law allowing marijuana use with a doctor's recommendation as a shield from criminal charges and government lawsuits. All uses of marijuana are illegal under the federal Controlled Substances Act, also known as the CSA, even in states that have legalized pot.

The ruling upholds three lower court decisions and follows previous rulings by federal appeals courts and the U.S. Supreme Court.

The 9th Circuit panel conceded that medical marijuana use is more accepted now than several years ago when it made a similar ruling. But it said the new legal challenges didn't raise any new arguments that would trump federal law.


High court rejects Ohio killer's last-minute plea
Topics in Legal News | 2014/01/16 15:11
The state made preparations on Wednesday to use a never-tried lethal drug combination to put a man to death for the slaying of a pregnant woman that went unsolved until he inadvertently helped authorities, and the U.S. Supreme Court refused to block the execution.

Dennis McGuire, jailed on an unrelated assault charge, told investigators he had information about the woman's Feb. 12, 1989, death. His attempts to blame the crime on his brother-in-law quickly unraveled, and soon he was accused of being Joy Stewart's killer, prosecutors said. More than a decade later, DNA evidence confirmed McGuire's guilt, and he acknowledged that he was responsible in a letter to Gov. John Kasich last month.

The state planned to execute McGuire on Thursday with a new process adopted after supplies of its previous drug dried up when the manufacturer put it off limits for capital punishment. The two-drug combination has never been used in a U.S. execution.

The state opposed McGuire's last-minute appeal, in which he claimed a jury never heard the full extent of his chaotic and abusive childhood.


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