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S Carolina Rep. Quinn pleads guilty to corruption charge
Court Center |
2017/12/12 03:11
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South Carolina Rep. Rick Quinn Jr. pleaded guilty to corruption charges Wednesday, becoming the third Republican lawmaker convicted in a wide-ranging Statehouse corruption probe.
Prosecutors said they will ask for prison time for the 52-year-old former House Majority leader. Quinn faces up to a year behind bars on a charge of misconduct in office. The other two lawmakers who have pleaded guilty in the investigation have received probation.
Quinn planned to plead guilty to one count of misdemeanor misconduct in office, prosecutor David Pascoe said as Wednesday's hearing started. Pascoe agreed to drop a second charge.
Quinn broke the law by taking $4 million in unreported money from lobbyists, Pascoe said. "It wasn't about service to the people, it was about service to his pocketbook," Pascoe said.
As part of the deal, Pascoe also agreed to drop corruption charges against Quinn's Republican consultant father Richard Quinn Sr., but he must testify before a grand jury that continues to investigate legislators and others and fully cooperate with the State Law Enforcement Division. Quinn has dozens of high-powered clients in the state, including U.S. Sen. Lindsey Graham and Attorney General Alan Wilson.
The consulting business, First Impressions, is also pleading guilty to not registering as a lobbyist and will pay a fine. Quinn resigned an hour before the hearing. He called his 21 years in the South Carolina House "one of the greatest honors of my life" in a letter to House Speaker Jay Lucas. |
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Travel ban is headed back to a federal appeals court in Virginia
Court Center |
2017/11/27 18:09
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Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.
The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.
The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.
Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.
Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.
The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office. |
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Court asked to stop suit against prosecutor in man's death
Court Center |
2017/11/23 03:08
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A lawyer for Baltimore's top prosecutor asked a federal appeals court Wednesday to dismiss a lawsuit by five police officers who claim she maliciously prosecuted them in the death of a black man gravely injured in custody.
Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Marilyn Mosby has immunity from the lawsuit filed by officers who were charged but later cleared in the arrest and death of Freddie Gray. Pothier urged the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial.
"A prosecutor's protective cloak of absolute immunity is not so easily removed," Pothier said.
Lawyers for the officers, however, said Mosby acted as an investigator — not simply as a prosecutor — and is therefore not immune from the lawsuit.
Gray, 25, died on April 19, 2015, from a fatal spinal injury suffered in a police van, prompting days of widespread protests and rioting. While tensions were still smoldering in Baltimore, Mosby charged six officers in Gray's arrest and death, an announcement that brought celebrations in the streets.
Three were ultimately acquitted and Mosby dropped the remaining cases.
On Wednesday, Judge J. Harvie Wilkinson III grilled the officers' lawyers about why they should be allowed to sue Mosby for bringing criminal charges against them and holding a news conference to announce the charges.
"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers," said Wilkinson, who repeatedly raised his voice while questioning the officers' lawyers. |
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'Dirty soda' Utah court battle ends with legal settlement
Court Center |
2017/11/05 02:50
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Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.
Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.
Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.
Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.
Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.
Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.
Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.
The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.
Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix. |
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Brazilian court revives case against Olympian Ryan Lochte
Court Center |
2017/10/29 14:02
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Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."
Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue. |
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Indiana courts see changes with new e-filing system
Court Center |
2017/10/14 13:58
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Electronic filing is transforming the way Indiana's judicial system works.
Fifty-five of the state's 92 counties have adopted mandatory electronic filing for most new criminal and civil lawsuits over the past 15 months, The (Northwest Indiana) Times reported. The state's appellate division has also adopted the electronic system.
The Supreme Court's Office of Court Technology says more than 2.1 million documents have been electronically filed in the state since July 1, 2016.
E-filing makes judges and lawyers more efficient and improves court services for Indiana residents, said Justice Steven David. Non-confidential court documents are also available online.
E-filing has been adopted quickly through the state because may counties are using the same case management system called Odyssey, said Justice Mark Massa.
The system is paid for by a $20 automated record keeping fee that's attached to every case filed in Indiana court.
"It's the best deal for counties," Massa said. "It carries with it state funding of that technology and that support, and we're getting closer and closer to that complete statewide coverage with each passing year."
The system also allows the judicial branch to generate comprehensive data about crimes, courts, dispositions, children in need of services, protection orders and other information that the legislative and executive branches need when enacting new laws, David said.
"In the old days, you might get data from one court and try to extrapolate, or determine if that court is representative of the rest of the state or not, and that's no longer the case," David said.
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Elliott's fast start fades with Cowboys as court looms again
Court Center |
2017/09/30 13:57
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Ezekiel Elliott pretended to wipe his face with a towel following his signature "feed me" gesture to celebrate his first touchdown.
The star Dallas running back got to hand the ball to his mother twice on his second score after the original TD ruling was reversed, with his mom kissing his facemask on the exchange that counted from her spot on the front row of a field-level box behind the end zone.
Those happy moments were gone after a 35-30 loss to the Los Angeles Rams on Sunday, the day before a federal appeals court hearing that could result in the lifting of an injunction that is allowing Elliott to play as he fights the NFL's six-game suspension stemming from a domestic case in Ohio.
Elliott said he wasn't sure if he would attend Monday's arguments before the U.S. 5th Circuit Court of Appeals in New Orleans. If the three-judge panel moves quickly and grants the NFL's emergency request to overrule a Texas judge's injunction, he could be sitting as early as next weekend at home against Green Bay.
"I'm not talking about it," Elliott said when asked how the looming hearing might affect his upcoming week.
In the first half against the Rams (3-1), it sure looked as if Elliott would have plenty of reasons to smile despite the looming hearing. He had a 10-yard scoring catch and a 1-yard plunge after the initial sprint for the pylon from the 2 was called a score and overruled on replay.
Last year's NFL rushing leader had 56 yards at halftime and another 41 yards receiving. The Cowboys led 24-16 and had scored on all four possessions. |
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