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Ohio's top court declines to change rules on plea deals
Attorney News |
2016/01/16 00:16
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Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.
Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.
"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.
Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.
The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.
Donnelly said Thursday he was disappointed but would continue to push the issue.
Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.
More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence. |
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Rome court acquits ex-Vatican accountant of corruption
Attorney News |
2016/01/15 00:16
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A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption.
Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to smuggle 20 million euros (about $22 million) from Switzerland into Italy to evade taxes. They suspected the money was deposited in Switzerland to avoid Italian taxes.
Defense lawyer Silverio Sica says Scarano was acquitted of the corruption charge on Monday. According to Sica, the court convicted Scarano of slander and gave him a suspended two-year sentence.
Separately, Scarano is on trial in Salerno, Italy, for allegedly using his Vatican bank accounts to launder money. Italian prosecutors said the once highly-secretive Vatican bank amply cooperated in that case.
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High Court rules against Northern Ireland's abortion law
Attorney News |
2015/11/30 22:26
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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Ruling gives Sandusky back $4,900-a-month Penn State pension
Attorney News |
2015/11/14 16:08
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The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.
A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.
"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU
employee."
Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.
The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities.
The basis for the pension board's decision was a provision in the state Pension Forfeiture Act that applies to "crimes related to public office or public employment," and he was convicted of indecent assault and involuntary deviate sexual intercourse.
The judges said the board's characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous because he did not maintain an employer-employee relationship with the university after 1999.
The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments. |
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Lufthansa cancels 930 flights Wednesday due to strike
Attorney News |
2015/11/13 16:09
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Lufthansa has canceled 930 flights scheduled for Wednesday at three hubs in Germany after efforts failed to halt an ongoing strike by flight attendants.
The cancellations affect 100,000 travelers going to or from Frankfurt, Munich and Duesseldorf.
They were announced even as the airline and the union said late Tuesday they were open to mediation.
Officials for the UFO flight attendants union did not call a halt to the ongoing stoppages at Frankfurt, Munich and Duesseldorf, but indicated they would be open to mediation under certain conditions, the dpa news agency reported. A mediation proposal had been sent by the company.
As things stood, the union was to strike long-haul and local flights Wednesday through Friday at the three airports. The strike action started Friday and took a break Sunday.
Lufthansa has been able to carry out most flights despite extensive cancellations.
A court decision in the German city of Duesseldorf added to uncertainty. The labor court there ordered a temporary halt to the strike in that town, saying the strike's goals were not clearly formulated.
Court spokeswoman Anke Salchow said the decision only applied Tuesday. The court was to hear another request from Lufthansa on Wednesday. |
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