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Ohio top court to hear arguments in TV news defamation case
Legal PR | 2019/04/23 16:03

Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."

A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.

The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.

Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.

Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online.


Supreme Court to consider Louisiana's non-unanimous juries
Legal PR | 2019/03/18 23:33

The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.

The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.

Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.

The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.

The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall.


High court deciding fate of cross-shaped Maryland memorial
Legal PR | 2019/02/25 18:03

The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial.

Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk.

The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war.

The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.


Ex-West Virginia Supreme Court justice set for sentencing
Legal PR | 2019/02/13 09:52

A former West Virginia Supreme Court justice who had a $32,000 blue suede couch in his office and was at the center of an impeachment scandal is due in federal court for sentencing for using his job for his own benefit.

Allen Loughry is scheduled to be sentenced Wednesday in U.S. District Court in Charleston.

Loughry was found guilty of 11 of the 22 charges at his October trial. Most of the charges involved mail and wire fraud involving his personal use of state cars and fuel cards. The judge last month threw out a witness tampering conviction.

Prosecutors are seeking a sentence above the guideline range of 15 to 21 months along with a fine between $7,500 and $75,000.

In a memorandum Monday, prosecutors said Loughry had an "unbridled arrogance" as a Supreme Court justice. They said Loughry's testimony exposed him as a liar and he has shown no remorse for his conduct.

"Corruption is a cancer that erodes the public's confidence in the government and undermines the rule of law," the memorandum said.

Loughry, who wrote a 2006 book while he was a Supreme Court law clerk about the history of political corruption in the state, was removed as chief justice last February. He was then suspended from the bench in June and resigned in November.

At trial, Loughry denied he benefited personally from trips he took when he became a justice in 2013. He said he used state-owned vehicles made available to the justices for what he said was a variety of reasons, including public outreach.

But Assistant U.S. Attorney Philip Wright said records showed Loughry took a government car to a wedding, four signings for his book, and "loads it up with Christmas presents" to visit relatives. A neighbor testified she saw Loughry pack presents in a car with a state government license plate around the holidays.

Loughry also was convicted of lying to federal investigators by saying he was unaware about the historical significance and value of a $42,000 state-owned desk that he had transferred to his home. He returned the desk and a green leather couch owned by the state after media reports about it.



Opera singer, husband appear in court on sex assault charge
Legal PR | 2019/02/11 17:53

A renowned Michigan opera singer and his husband have appeared in a Texas court to face charges of sexually assaulting another man in 2010.

University of Michigan professor and countertenor David Daniels and William Scott Walters each made an initial appearance in a Harris County court Monday and were released on $15,000 bonds. A Harris County District Attorney spokesman says they were ordered to surrender their passports.

Daniels and Walters were arrested in Ann Arbor, Michigan, last month on warrants arising from the criminal complaint of Samuel Schultz. He told The Associated Press the couple drugged and assaulted him when he was living in Houston as a 23-year-old graduate student.

Lawyer Matt Hennessy says his clients are innocent and looking forward to a court hearing on Schultz's "false claims."


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