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Court: Sex-offender list is not cruel punishment
Topics in Legal News | 2011/05/29 11:21
The Michigan appeals court has overturned a Washtenaw County judge and said a young man who committed sexual misconduct at school must be on the state's sex-offender list.

Judge Darlene O'Brien said registration in the case was cruel punishment that violated the Michigan Constitution, but the appeals court disagreed.

A man identified in court papers as T.D. was 15 in 2006 when he was accused of putting a chokehold on a girl and exposing her breast while another boy tugged on her belt. T.D. was placed in a youth home and completed therapy.

AdvertisementHe was required to register when he turned 18. The appeals court says it's not punishment but a way to inform the public even if the risk of another offense is low.


Not guilty plea entered for teen in NJ webcam case
Topics in Legal News | 2011/05/23 08:49
A former Rutgers student accused of using a webcam to spy on his roommate's same-sex encounter pleaded not guilty Monday to 15 charges including bias intimidation, invasion of privacy and evidence tampering.

It was the first court appearance for 19-year-old Dharun Ravi, the main suspect in the crimes allegedly committed against Tyler Clementi, a fellow Rutgers freshman who killed himself days after the alleged spying. His death sparked a nationwide conversation about bullying against young gays.

Ravi, of Plainsboro, was silent throughout the court appearance, which lasted less than 10 minutes. Clementi's parents and brother sat in the back of the courtroom for the brief hearing.

Ravi wore a dark suit and appeared to bite his lower lip as a chorus of cameras clicked his photo.

Lawyer Steven Altman entered a not guilty plea for Ravi and waived having the indictment against him read in court.

Authorities say the case began in early August, when Ravi learned who he'd be rooming with in his first year at Rutgers.


Ala. chief justice warns more court layoffs coming
Topics in Legal News | 2011/05/18 09:52
Alabama Chief Justice Sue Bell Cobb warned the state's judges and circuit clerks Monday to expect substantial layoffs because of the budget crisis in the state judicial system.

Cobb met with judges and clerks mostly by conference call Monday. The meeting was not open to news reporters or the public. She said 270 court employees have already lost jobs in the past two years because of budget cuts, and she expects another 265 court workers to be laid off during the coming fiscal year that begins Oct. 1.

Cobb told The Associated Press that she had hoped to receive a $10 million supplemental appropriation from the Legislature to help the courts get through the remainder of the current year. She said that is unlikely now because the money is needed to help with recovery from last month's violent tornadoes that killed more than 200 in Alabama.

She said she doesn't expect to receive the supplemental appropriation and she also believes a bill to raise the state's cigarette tax by $1 a carton is dead for this session. Some proceeds from the cigarette tax were to go to the courts.


Court in Va. to hear US health care law challenges
Topics in Legal News | 2011/05/10 08:18
President Barack Obama's health care overhaul will get its first oral arguments in federal appeals court Tuesday when a three-judge panel hears two Virginia cases — one that upheld the law and another that struck down its key provision.

Nine lawsuits challenging the law are pending on appeal, but the Virginia cases before the 4th U.S. Circuit Court of Appeals are the first to reach the oral argument stage. Thirteen cases have been dismissed with no appeal filed, and nine are pending in district courts, according to federal officials.

In the most prominent of the two Virginia cases, U.S. District Judge Henry E. Hudson struck down the health care law's key provision: a requirement that individuals buy health insurance or pay a penalty starting in 2014. Thirty-one lawsuits challenging the law have been filed nationally, and Hudson — a 2002 appointee of President George W. Bush — was the first judge to strike down any of its provisions. Hudson left the rest of the law intact.

"An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause," Hudson wrote in the Dec. 13 opinion, which the U.S. Justice Department promptly appealed.

U.S. District Judge Norman K. Moon in Lynchburg reached the opposite conclusion in a lawsuit filed by Liberty University, the conservative Christian school founded by the Rev. Jerry Falwell. Two weeks before Hudson's ruling, the 1997 appointee of President Bill Clinton ruled that the mandate is a proper exercise of congressional authority under the Commerce Clause.




Pa. lawmaker faces hearing on gun-related charge
Topics in Legal News | 2011/05/10 08:18

A Berks County judge says a Pennsylvania state senator who allegedly displayed a handgun while driving on Interstate 78 is guilty of a summary charge of disorderly conduct.

District Andrea Book convicted Sen. Bob Mensch after a hearing that lasted more than two hours.

Mensch faces a maximum $300 fine and 90 days in jail, but the prosecutor says he will not recommend jail time.

Mensch, a Montgomery County Republican, denied displaying any weapon even though state troopers who stopped him after the March 9 incident found two handguns in his vehicle. Mensch, who has a permit to carry the weapons, said the other motorist was harassing him

The other motorist, Brian Salisbury of Easton, called 911 after he says Mensch displayed the gun in the palm of his hand.




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