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Indiana high court to rule on Lake Michigan beach ownership
Attorney News |
2017/07/06 01:13
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The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.
Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.
The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.
The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.
The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.
Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.
The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.
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Rhode Island high court vacates conviction in triple slaying
Attorney News |
2017/06/23 17:27
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Rhode Island's highest court has overturned the conviction of a 21-year-old man serving two consecutive life sentences for a 2012 triple slaying at a housing complex.
Authorities allege the then-16-year-old Quandell Husband had plotted with three others to rob a marijuana dealer at a Providence apartment. Shemeeka Barros, her boyfriend Michael Martin— who was the primary target — and their friend, Damien Colon, were fatally shot. Husband was convicted of three murder counts in 2014.
The state Supreme Court on Wednesday found that the Superior Court judge abused his discretion by allowing the jury to consider "enormously prejudicial" evidence that shouldn't have been admitted at the trial.
The case has been sent back to Superior Court. The attorney general's office says the state is prepared to move forward and retry the case.
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EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
Attorney News |
2017/06/23 03:27
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The highest court of the European Union ruled Wednesday that courts can consider whether a vaccination led to someone developing an illness even when there is no scientific proof.
The decision was issued on Wednesday in relation to the case of a Frenchman known as Mr. J.W., who was immunized against hepatitis B in late 1998-99. About a year later, Mr. J.W. was diagnosed with multiple sclerosis. In 2006, he and his family sued vaccine-maker Sanofi Pasteur in an attempt to be compensated for the damage they claim he suffered due to the vaccine. Mr. J.W. died in 2011.
France's Court of Appeal ruled there was no causal link between the hepatitis B vaccine and multiple sclerosis, and dismissed the case. Numerous studies have found no relationship between the hepatitis B shot and multiple sclerosis.
After the case went to France's Court of Cassation, it was brought to the European Union. On Wednesday, the EU's top court said that despite the lack of scientific consensus on the issue, a vaccine could be considered defective if there is "specific and consistent evidence," including the time between a vaccine's administration and the occurrence of a disease, the individual's previous state of health, the lack of any family history of the disease and a significant number of reported cases of the disease occurring following vaccination.
In a statement, the court said that such factors could lead a national court to conclude that "the administering of the vaccine is the most plausible explanation" for the disease and that "the vaccine therefore does not offer the safety that one is entitled to expect." It did not rule on the specific French case. |
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After jury deadlocks, Bill Cosby faces 2nd sex assault trial
Attorney News |
2017/06/17 14:13
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Bill Cosby, the comedian and actor once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago.
Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days.
Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision.
"She has shown such courage through this, and we are in awe of what she has done," Steele said. "She's entitled to a verdict in this case." Cosby's team declared victory, however temporary.
By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault.
Constand told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges.
Constand is ready to go to trial again, said her lawyer, Dolores Troiani. "She's a very spiritual woman, she believes things happen for a purpose, and I think the purpose is ... it should encourage other women to come forward and have their day in court."
Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details. The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. Cosby's team immediately went on the attack.
The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media.
"How do I describe the judge? Overtly arrogant, collaborating with the district attorney," said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby.
Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star's "power is back. It has been restored." That seemed debatable.
Cosby's career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution's decision to pursue a second trial keeps him in legal limbo.
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Roman Polanski sex victim to appear in court for first time
Attorney News |
2017/06/09 20:10
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The victim of Roman Polanski's sex assault 40 years ago is going to appeal directly to a judge to end the long-running case against the fugitive director, his lawyer said Thursday.
Samantha Geimer, 13 at the time of the crime, has long supported Polanski's efforts to end the legal saga that limits his freedom, but Friday will be the first time she's appeared in Los Angeles Superior Court on his behalf, attorney Harland Braun said.
"She's tired of this case," Braun said. "The judge is just playing games with him."
The Oscar-winner has been a fugitive since he fled to France in 1978 on the eve of sentencing for the crime of having unlawful sex with a minor. Prosecutors dropped charges that he drugged, raped and sodomized the girl.
Polanski feared the judge was going to renege on a plea agreement and send him away for more time than the six weeks he served in prison during a psychiatric evaluation prior to sentencing.
His lawyers have been fighting for years to end the case and lift an international arrest warrant that confined him to his native France, Switzerland and Poland, where he fled the Holocaust.
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