|
|
|
Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
Court Line |
2023/01/11 22:23
|
Former Louisiana Democratic Party leader Karen Carter Peterson, who resigned from the state Senate last year year citing depression and a gambling addiction — and later pleaded guilty to federal wire fraud — was sentenced on Wednesday to 22 months in prison.
Peterson, who served in the Louisiana Legislature for more than 22 years, admitted in August to taking more than $140,000 in funds from her reelection campaign and from the state Democratic Party. The ex-lawmaker spent a “substantial amount” of that money on casino gambling, according to court documents.
Although the felony charge of federal wire fraud carries a maximum prison sentence of 20 years, U.S. District Judge Sarah Vance sentenced Peterson to significantly less, The Advocate reported.
“People trusted me and I breached that trust,” Peterson said in court, WDSU-TV reported.
At the sentencing, Peterson cried at the podium and repented for her criminal wrongdoing — apologizing to her constituents, family and friends.
Ahead of the sentencing, Peterson’s lawyers implored U.S. District Judge Sarah Vance to consider an alternative to prison — such as probation or home confinement.
They said her gambling addiction resulted in “diminished mental capacity,” which can qualify a defendant for a reduced sentence, according to court filings obtained by The Times-Picayune/The New Orleans Advocate. In addition, they pointed to her Christian faith, her acceptance of responsibility for the crimes and her participation in Gamblers Anonymous.
|
|
|
|
|
|
|
Hong Kong asks Beijing to step in into row over UK lawyer
Court Line |
2022/11/28 23:52
|
Hong Kong’s leader said on Monday he will ask Beijing to rule whether to let foreign lawyers be involved in national security cases after the city’s top court allowed a prominent pro-democracy publisher to hire a British lawyer for his upcoming trial.
John Lee said the government would ask for a postponement of Jimmy Lai’s high-profile trial that was due to start Thursday. But he did not offer a timetable for the interpretation that could effectively preempt the court judgment.
“At present, there is no effective means to ensure that a counsel from overseas will not have conflict of interest because of his nationality. And there is also no means to ensure that he has not been coerced, compromised, or in any way controlled by foreign governments, associations or persons,” he said.
The move was targeting overseas counsels who do not have the general practice qualification to carry out legal service in Hong Kong, he added.
Lai, the founder of the now-defunct Apple Daily and one of the most prominent figures in the city’s pro-democracy movement, was arrested after Beijing imposed a tough national security law to crack down on dissent following widespread protests in 2019. He faces collusion charges and a maximum penalty of life imprisonment.
While the city’s secretary for justice was appealing an earlier ruling that approved Lai to hire a veteran British lawyer at the top court, pro-Beijing politicians and newspapers also voiced objections over the last few days.
|
|
|
|
|
|
|
Montana vote adds to win streak for abortion rights backers
Court Line |
2022/11/11 22:17
|
Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.
The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters.
Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas.
Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories.
Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast.
The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion.
Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.
|
|
|
|
|
|
|
Jackson, in dissent, issues first Supreme Court opinion
Court Line |
2022/11/07 21:01
|
New Justice Ketanji Brown Jackson has issued her first Supreme Court opinion, a short dissent Monday in support of a death row inmate from Ohio.
Jackson wrote that she would have thrown out lower court rulings in the case of inmate Davel Chinn, whose lawyers argued that the state suppressed evidence that might have altered the outcome of his trial.
Jackson, in a two-page opinion, wrote that she would have ordered a new look at Chinn’s case “because his life is on the line and given the substantial likelihood that the suppressed records would have changed the outcome at trial.”
The evidence at issue indicated that a key witness against Chinn has an intellectual disability that might have affected his memory and ability to testify accurately, she wrote.
Prosecutors are required to turn over potentially exculpatory evidence to the defense. In this case, lower courts determined that the outcome would not have been affected if the witness’ records had been provided to Chinn’s lawyers.
Justice Sonia Sotomayor was the only other member of the court to join Jackson’s opinion. The two justices also were allies in dissent Monday in Sotomayor’s opinion that there was serious prosecutorial misconduct in the trial of a Louisiana man who was convicted of sex trafficking.
Jackson joined the high court on June 30, following the retirement of Justice Stephen Breyer, her onetime boss.
The court has yet to decide any of the cases argued in October or the first few days of this month. Jackson almost certainly will be writing a majority opinion in one of those cases.
|
|
|
|
|
|
|
Idaho Supreme Court won’t weigh legality of child marriage
Court Line |
2022/10/24 23:41
|
A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court on Tuesday.
In a split decision, the high court declined to decide whether Idaho’s child marriage law — which allows 16- and 17-year-olds to marry if one parent agrees to the union — is unconstitutional. Instead, the justices said that once a child is emancipated by marriage, the family court loses jurisdiction over custody matters.
The case arose from a custody battle between a Boise woman and her ex-husband, who planned to move to Florida and wanted to take their 16-year-old daughter along. The ex-husband was accused of setting up a “sham marriage” between his daughter and another teen as a way to end the custody fight.
It’s not a rare scenario — all but seven states allow minors below the age of 18 to marry, according to Unchained At Last, an organization that opposes child marriage. Nevada, Idaho, Arkansas and Kentucky have the highest rates of child marriage per capita, according to the organization. Although minors are generally considered legally emancipated once they are married, they generally still have limited legal rights and so may be unable to file for divorce or seek a protective order.
Erin Carver and William Hornish divorced in 2012, and only their youngest was still living at home last year when both sides began disputing the custody arrangements.
Carver said she learned Hornish was planning a “sham marriage” for the teen to end the custody battle, and asked the family court magistrate to stop the marriage plans. Several days later, the magistrate judge agreed, but it was too late. The teen had already married.
The high court heard arguments in March, and Carver’s attorney contended that the child marriage law is unconstitutional because it allows one parent to terminate another parent’s rights without due process. Hornish’s attorney, Geoffrey Goss, countered that his client had acted legally and followed state law.
In Tuesday’s ruling, a majority of the Supreme Court justices said that because the marriage had occurred before an initial ruling was made, the family court lost jurisdiction. Once a child is married, they are emancipated and no longer subject to child custody arrangements, the high court said.
|
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
