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Federal court upholds Texas open meetings law
Lawyer World News |
2012/09/29 15:34
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A federal appeals court has upheld Texas' open meetings law as constitutional, rejecting a lawsuit that argued it stifled free speech for government officials.
The 1967 Texas Open Meetings Act prohibits a quorum of members of a governmental body from deliberating in secret. Violations are punishable by up to six months in jail and a $500 fine.
Officials from a group of 15 Texas cities, including Alpine, Arlington and Houston suburb Sugar Land, challenged the law in 2009. A U.S. district judge ruled against them, prompting an appeal the New Orleans-based 5th U.S. Circuit Court of Appeals.
A three-judge panel ruled Tuesday that the law promotes disclosure of speech and does not restrict it.
Texas Attorney General Greg Abbott called the decision a victory for open government. |
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Court grants appeals from 2 people without lawyers
Law Firm Legal News |
2012/09/27 15:38
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Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot — Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn't afford or didn't bother to hire an attorney.
One was written in pencil and submitted by an inmate at a federal prison in Pennsylvania. The other was filed by a man with no telephone living on Guam.
Neither case seems destined to join the ranks of Gideon v. Wainwright, the landmark 1960s case filed by a prisoner with no lawyer that established a criminal defendant's right to a lawyer. Both show, however, that when the court is looking to resolve finicky legal issues and the right case shows up, it doesn't matter whether the author of the appeal wears a natty suit or prison garb.
Longtime Supreme Court practitioner Tom Goldstein called the granting of two such lawyerless cases at the same time unheard of. But both cases chosen by the justices will help resolve the ability of civilians to sue the government over claims of improper actions of federal and military employees on the job.
Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., sued the government after accusing prison guards at the Special Management Unit of sexually assaulting him in May 2010. Prison officials said Millbrook's claim was unsubstantiated. |
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Mo. high court hears arguments on incentive fund
Lawyer World News |
2012/09/22 16:07
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Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.
Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.
During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect. |
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High court won't stop Texas voting map
Court and Trial |
2012/09/20 16:07
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The Supreme Court is allowing Texas to use congressional districts that were drawn by a lower federal court for the November election.
The court declined without comment Wednesday a request from a Latino rights group to block use of those districts. The groups said the districts discriminate against minorities.
The court-drawn map is intended for use only in this year's election.
The League of United Latin American Citizens said the map has the same flaws identified by federal judges in Washington who last month rejected political boundaries drawn by Texas lawmakers as discriminatory.
The interim congressional map was used in Texas' primaries in May and was devised to let the state hold elections while courts considered challenges to redistricting plans adopted by the Legislature following the 2010 census. |
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Pa. high court revisits juvenile life sentences
Court and Trial |
2012/09/14 11:57
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Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.
A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.
There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.
The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.
The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.
Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.
In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole. |
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