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Bill Cosby sex assault verdict upheld; spokesman lashes out
Attorney Press Release |
2019/12/08 13:24
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Bill Cosby lost his bid to overturn his sexual assault conviction Tuesday, as an appeals court upheld the verdict in the first celebrity trial of the #MeToo era.
In its ruling, the Superior Court affirmed the right of prosecutors to call other accusers to bolster their case ? the same issue fought over in movie mogul Harvey Weinstein’s sexual assault trial, now set for Jan. 6.
Cosby’s lawyers had complained that the judge had let five women testify at last year’s retrial in suburban Philadelphia, although he had let just one woman testify at the first trial in 2017.
But the Superior Court said their testimony was evidence of Cosby’s “unique sexual assault playbook” and undermined any claim that he “was unaware of or mistaken about victim’s failure to consent.”
The prosecutor who took the case to trial praised Constand for inspiring other victims to come forward against powerful men. She went to police long before the #MeToo movement saw prominent men in entertainment, business, media and other fields brought down over their treatment of women.
“She came to law enforcement almost 15 years ago seeking justice for what was done to her,” Montgomery County District Attorney Kevin Steele said Tuesday. “The world is forever changed because of Andrea’s bravery.”
Lawyers for Cosby had argued eight issues on appeal. They challenged the judge’s decision to air Cosby’s damaging deposition testimony from a related lawsuit; said he had a binding promise from a former prosecutor that he would never be charged; and said a juror had prejudged Cosby’s guilt. |
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Court to consider bathroom use by transgender student
Attorney Press Release |
2019/12/06 00:21
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A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.
The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.
Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.
The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.
The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.
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Justices question Alaska $500-a-year contribution limit
Attorney Press Release |
2019/11/26 12:01
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The Supreme Court is raising doubts about Alaska’s $500-a-year limit on contributions to political candidates. The justices are ordering a lower court to take a new look at the issue.
The court says in an unsigned opinion Monday that federal judges who had rejected a challenge to the contribution cap did not take account of a 2006 high court ruling invalidating low-dollar limits on political contributions in Vermont.
The Alaska challengers argue that the state is alone in imposing such low limits even on gubernatorial candidates “who must campaign across Alaska’s vast expanse and widely dispersed media markets.”
Justice Ruth Bader Ginsburg wrote in a short separate opinion that Alaska’s reliance on the energy industry may make the state unusually vulnerable to political corruption and justify low limits. |
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Supreme Court shields Trump’s financial records for now
Attorney Press Release |
2019/11/25 12:01
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The Supreme Court is shielding President Donald Trump’s financial records from House Democrats for now.
The delay announced late Monday allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.
The House’s quest for the records is not part of the ongoing impeachment inquiry, but the court’s action probably means Democrats will not have the records before an expected vote on impeachment by year’s end.
The justices are giving Trump until Dec. 5 to file a full appeal of a lower court ruling calling for his accountants to turn over the records. The president’s lawyers are certain to comply, and the court’s decision about whether to take up the case is expected by mid-January.
The House Committee on Oversight and Reform had argued that Trump’s case was too weak to earn a delay from the court. There was no noted dissent from the court’s unsigned order.
The New York case centers on Manhattan District Attorney Cyrus Vance Jr.’s subpoena for Trump’s tax returns from the same accounting firm, Mazars USA. Legal briefs have been filed by both sides in that case.
The justices now should be able to say at the same time whether they will take up the cases and decide them by late June.
If they opt to reject Trump’s appeals, the House and Vance would be able to enforce their subpoenas immediately. Mazars has said it would comply with any legal obligation. |
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Lawmakers asked to boost spending on New Mexico court system
Attorney Press Release |
2019/11/24 12:00
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New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.
The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.
Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.
If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.
It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo. |
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