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Ill. high court rejects intervention on state paychecks
Law Firm Topics | 2015/07/19 16:21


The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.

The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.

Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.

A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.

A St. Clair County judge decreed it would violate the Constitution not to pay them.

State Comptroller Leslie Munger began paying workers this week.

A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.



Court Halts Execution Of Tyler Woman's Killer
Legal News | 2015/07/18 16:21

The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved.

Williams, 31, had faced execution Thursday evening for the killing of Cecelia Schneider of Tyler, about 85 miles east of Dallas. Investigators determined she had been beaten and stabbed before her body and her bed were set on fire.

In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams' attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams' trial.

"We need time to look at this," said Seth Kretzer, one of Williams' lawyers. "No way we can investigate this in five hours.

"It requires some time, and the CCA saw that."

The Texas Department of Public Safety sent a notice June 30 that the FBI-developed population database used by the crime lab in Texas and other states had errors for calculating DNA match statistics in criminal investigations. The Texas Attorney General's Office informed Williams' attorneys of the discrepancy on Wednesday.

Prosecutors in Tyler, in Smith County, had opposed Williams' appeal for a reprieve, telling the appeals court the state police agency insisted that corrected figures would have no impact. Williams is black, and prosecutors said the probability of another black person with the same DNA profile found in Schneider's missing car was one in 40 sextillion. Jurors in 2006 were told the probability was one in 43 sextillion. A sextillion is defined as a 1 followed by 21 zeros.



Religious beliefs, gay rights clash in court case over cake
Legal News | 2015/07/09 22:16

A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.

The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.

"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.

The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.

Gay couples have won battles in other states.

Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.



Peterson returns to court in murder-for-hire trial
Attorney News | 2015/07/09 22:16

Former suburban Chicago police sergeant Drew Peterson is due back in court as his trial on charges of plotting to kill a prosecutor approaches.
   
A hearing in the case is scheduled for Tuesday in the southern Illinois county where Peterson is imprisoned.

He's pleaded not guilty to charges of soliciting an unidentified prison inmate to kill Will County State's Attorney James Glasgow.

Glasgow prosecuted the 2012 case in which Peterson was sentenced to 38 years in prison for the bathtub drowning death of his ex-wife Kathleen Savio eight years earlier. Her death was initially ruled an accident, but the case was re-opened after the 2007 disappearance of Peterson's fourth wife.

The Randolph County trial was scheduled to begin Monday, but has been rescheduled to start on August 28.Peterson returns to court in murder-for-hire trial.



US appeals court upholds EPA plan to clean up Chesapeake Bay
Attorney News | 2015/07/08 22:16

A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.

The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.

Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,

The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.

The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.

Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people.



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