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N Carolina Supreme Court race lawsuit returning to court
Court Watch | 2018/08/12 06:47

A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.

A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month.

The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican.

Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.


Court: Mud buggy race operators weren't negligent in crash
Court Watch | 2018/08/03 23:38

A jury properly determined that the operators of an Eau Claire mud buggy race weren't negligent in a wild crash that cost a spectator part of his leg, a Wisconsin appeals court ruled Tuesday.

The case revolves around Shawn Wallace, who was watching a race at Eau Claire's Pioneer Park in 2012 when a buggy hit a guardrail, flew off the track and landed in the crowd. Wallace was injured so badly he had to have one of his legs amputated below the knee.

He filed a lawsuit in 2013 alleging that the track's owner, Chippewa Valley Antique and Engine Model Club Inc., and the race's sanctioning body, Central Mudracing Association Inc., had been negligent.

The jury at the 2016 trial found that the accident was unforeseeable and that neither defendant had been negligent.

Wallace appealed, arguing that Eau Claire County Circuit Judge William Gabler had improperly barred him from telling the jury about a 2005 crash at the track that injured spectators and had improperly limited a crash reconstruction expert's testimony.

The 3rd District Court of Appeals sided with the judge. The court said in its ruling Tuesday that Gabler reasonably determined that the 2005 crash wasn't similar to the 2012 incident.

The earlier crash occurred on a different part of the track, the spectators who were injured were viewing the race from a truck, not the bleachers, and the track operators extended guardrails following that crash, the appeals court noted. Therefore the crash was of little value in Wallace's case, the court concluded.


Suspect in 1988 killing of Indiana girl, 8, appears in court
Court Watch | 2018/07/13 00:05

A judge has given prosecutors until Thursday to formally charge a man who's being held in the 1988 slaying of an 8-year-old Indiana girl.

Fifty-nine-year-old John D. Miller of Grabill was arrested Sunday on preliminary murder, child molesting and criminal confinement charges in the abduction, rape and killing of April Marie Tinsley.

The Fort Wayne girl's body was found three days after her April 1988 abduction in a ditch about 20 miles (32 kilometers) away.

Court documents say Miller's DNA matches DNA recovered from Tinsley's underwear. WANE-TV reports Miller appeared Monday morning before an Allen County judge, who gave prosecutors 72 hours to formally charge Miller in the killing.

He's being held without bond. It wasn't clear if Miller has a lawyer who could speak on his behalf.


Lawyers: 2014 arrest at Vegas hotel precursor to killings
Court Watch | 2018/07/07 07:45

Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.

Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.

Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.

Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.

Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.



Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes
Court Watch | 2018/07/06 06:46

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.

Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.

Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.

On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.

Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.


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