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Court spurns religious claim to name change
Law & Court News |
2012/08/02 17:05
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An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.
A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.
Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010.
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Pa.'s tough, new voter ID law heads to court
Top Court Watch |
2012/07/27 11:51
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The first legal test for Pennsylvania's tough new voter identification law is arriving.
A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.
The hearing could last a week.
The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.
Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.
Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.
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Court sides with NJ judges in pension dispute
Legal Opinions |
2012/07/25 15:51
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New Jersey's Supreme Court dealt a partial defeat to one of Gov. Chris Christie's signature legislative accomplishments Tuesday when it ruled that the state's judges don't have to contribute more to their pensions and health benefits. A leading state lawmaker immediately said the battle over the matter would continue.
The narrow 3-2 decision sided with a legal challenge filed last year by a state Superior Court judge in Hudson County who argued that the law imposing the pension and health care benefits changes violated a part of the state constitution that set judges' salaries and said they cannot be reduced.
The justices noted in their ruling that without a corresponding salary increase, the increased contributions would eventually cost judges at least $17,000 annually in take-home pay, amounting to a pay cut of more than 10 percent.
Christie, a Republican, had worked with the Democratic-controlled Legislature to pass the law last year. It affects hundreds of thousands of government workers around the state in addition to between 400 and 500 sitting judges and justices. |
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Minnesota court upholds aiding suicide conviction
Topics in Legal News |
2012/07/20 11:36
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The Minnesota Court of Appeals on Tuesday upheld the convictions of a former nurse who hunted for suicidal people in online chat rooms and encouraged two to kill themselves, saying his actions were not protected speech.
William Melchert-Dinkel, 49, of Faribault, was convicted in 2011 of two counts of aiding suicide. He acknowledged that what he did was morally wrong but argued that he merely exercised his right to free speech. The appeals court disagreed.
"We are confident that the Constitution does not immunize Melchert-Dinkel's morbid, predatory behavior simply because it appears in the form of written words," the justices' 31-page decision said.
Melchert-Dinkel's attorney, Terry Watkins, said that while his client's actions are unsavory, he still believes they are protected by the First Amendment. He plans to appeal to the state Supreme Court.
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Goldman agrees to settle mortgage debt class action
Law & Court News |
2012/07/18 16:35
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Goldman Sachs Group Inc has agreed to settle a class-action lawsuit with investors who claimed losses on $698 million of securities backed by risky mortgage loans issued by defunct subprime lender New Century Financial Corp.
Lawyers for the investors said in a letter filed in U.S. District Court in Manhattan on Tuesday that a proposed settlement had been reached. Terms were not immediately disclosed, though they are expected to be included in court papers filed by July 31.
Goldman is one of many banks accused by U.S. legislators and regulators of fueling the nation's housing and financial crisis by misleading investors about the quality of mortgage debt they sold.
A federal judge in February ordered Goldman to face the class-action lawsuit that accuses it of defrauding investors in GSAMP Trust 2006-S2, a $698 million offering of certificates backed by second-lien home loans.
The loans were made by New Century, a subprime mortgage specialist that went bankrupt in 2007.
The investors, led by the Public Employees' Retirement System of Mississippi, contend the offering documents contained materially untrue statements about the underwriting and appraisal standards used by California-based New Century, the mortgage originator. Goldman securitized and issued the certificates.
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