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Beleaguered gunmaker Remington points to bankruptcy court
Attorney News | 2018/02/14 15:13

Remington, the gunmaker beset by falling sales and lawsuits tied to the Sandy Hook Elementary School massacre, has reached a financing deal that would allow it to continue operating as it files for Chapter 11 bankruptcy protection.

The maker of the Bushmaster AR-15-style rifle used in the Connecticut shooting that left 20 first-graders and six educators dead in 2012, said Monday that the agreement with lenders will reduce its debt by about $700 million and add about $145 million in new capital.

The company will attempt to file a prepackaged reorganization plan with the U.S. Bankruptcy Court of Delaware under Chapter 11 of the bankruptcy code.

Remington Outdoor Co., based in Madison, North Carolina, said that business won't be disrupted as it restructures its finances.

Ohio court to hear online charter school's funding case

The survival of one of the nation's largest virtual charter schools is on the line when the Ohio Supreme Court hears arguments Tuesday in a case that could have broader impact on accountability for other e-schools.

The Electronic Classroom of Tomorrow challenges how Ohio tallied students' participation to determine the online school should repay $60 million or more.

The state says ECOT didn't provide data from students' online work to justify the school's full public funding in recent years.

ECOT argues that state law calls for calculating charter-school funding based on enrollment, not participation, and that Ohio's Department of Education effectively changed the criteria without legal authority.

After the state started recouping funding, the e-school of some 12,000 students was abruptly closed last month as it ran out of money.


Suspect in U Penn student's murder due in California court
Attorney News | 2018/02/02 14:34

A Southern California man charged in the killing of a University of Pennsylvania student is due in court Friday.

Authorities say Samuel Woodward, 20, of Newport Beach killed 19-year-old sophomore Blaze Bernstein and buried his body in a shallow grave at a neighborhood park not far from the Bernstein family's home in Lake Forest.

Bernstein, who grew up in Orange County and was visiting his family on winter break, was missing for a week after going out with Woodward the night of Jan. 2, according to authorities. Authorities searched for him with help from drone pilots and found his body at the park after rain partially exposed it.

Woodward is charged with murder and an enhancement for use of a knife. He is being held without bail. Bernstein was gay and Jewish and authorities are investigating the possibility of a hate crime.

Authorities say the two men both attended the Orange County School of the Arts but they did not know if they were friends at the time.

According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.

At college, Bernstein was studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil for Bernstein and his funeral.

If convicted of the charge and enhancement, Woodward could face as much as 26 years to life in prison.


Court halts execution of Alabama inmate with dementia
Attorney News | 2018/01/21 01:29

The U.S. Supreme Court has halted the execution of an Alabama inmate whose attorneys argue that dementia has left the 67-year-old unable to remember killing a police officer three decades ago.

Justices issued a stay Thursday night, the same evening that Vernon Madison was scheduled to receive a lethal injection at a southwest Alabama prison. The court delayed the execution to consider whether to further review the case.

Madison was sentenced to death for the 1985 killing of Mobile police Officer Julius Schulte, who had responded to a call about a missing child made by Madison's then-girlfriend. Prosecutors have said that Madison crept up and shot Schulte in the back of the head as he sat in his police car.

Madison's attorneys argued that strokes and dementia have left Madison unable to remember killing Schulte or fully understand his looming execution. The Supreme Court has previously ruled that condemned inmates must have a "rational understanding" that they are about to be executed and why.

"We are thrilled that the court stopped this execution tonight. Killing a fragile man suffering from dementia is unnecessary and cruel," attorney Bryan Stevenson, of the Equal Justice Initiative, said Thursday after the stay was granted.

The Alabama attorney general's office opposed the stay, arguing that a state court has ruled Madison competent and Madison has presented nothing that would reverse the finding.




Warrant dropped for professor who spoke Hawaiian in court
Attorney News | 2018/01/19 01:29

A judge dropped an arrest warrant Thursday for a University of Hawaii professor who refused to respond in court to English and spoke Hawaiian instead.

Samuel Kaleikoa Kaeo was in court Wednesday facing a trial for charges connected to his participation in a 2017 protest against the construction of a solar telescope on top of Haleakala, a volcano on Maui, Hawaii News Now reported .

When Judge Blaine Kobayashi asked Kaeo to confirm his identity, he repeatedly responded in Hawaiian instead of English.

Kobayashi said he couldn't understand Kaeo and issued a warrant for Kaeo's arrest, saying "the court is unable to get a definitive determination for the record that the defendant seated in court is Mr. Samuel Kaeo."

Kaeo, an associate professor of Hawaiian Studies at the University of Hawaii Maui College, said he has appeared before the judge before and complained that "it was about the fact that I was speaking Hawaiian that he didn't like."

Kobayashi recalled the bench warrant Thursday, the state Judiciary said in a statement. Judiciary spokesman Andrew Laurence declined to answer questions about the recall, including what prompted it.

Kaeo faces misdemeanor charges of disorderly conduct and obstructing a sidewalk. Kaeo, who also speaks English, requested a Hawaiian interpreter in the courtroom but prosecutors had objected, saying it was an unnecessary expense that would have caused delays.


State high court won't hear Mateen Cleaves sex assault case
Attorney News | 2018/01/03 14:43

The Michigan Supreme Court has declined to review a judge's decision to reinstate sexual assault charges against former Michigan State basketball star Mateen Cleaves.

The state's high court on Wednesday joined three Michigan Court of Appeals judges, who in August denied Cleaves' request. Earlier, Genesee County Judge Archie Hayman reinstated the case against Cleaves, who faces charges including unlawful imprisonment and second-degree criminal sexual conduct.

The case is expected to return to county court for trial. Cleaves is accused of assaulting a woman after a charity golf event and a visit to a Flint-area bar in 2015.

Defense attorney Frank Manley says he remains "confident" Cleaves will be "vindicated."

Cleaves, a Flint native, led Michigan State to the NCAA basketball championship in 2000 and played for four NBA teams.




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