JuristMail - Legal News » constitutional rights

Sex Offender and Murderer Waives Right to a Speedy Trial

Alicia Norman — Fri, 11 Dec 2009 15:37:30 +0000

50-year-old Cleveland Ohio resident Anthony Sowell waived his right to speedy trial to accommodate a new defense team this week. Sowell, a registered sex offender who is charged with killing 11 women, also agreed Wednesday to allow police onto his fenced off property to preserve evidence.

The suspected serial killer put in a plea of not guilty by reason of insanity at his pretrial hearing prior to his request.

Investigators revealed that Sowell spent several years luring women to his Cleveland home where he then attacked and killed them. Ten of the victims skulls were found in the murderer’s home or buried in the yard.

Sowell faces 85 counts including murder, rape, assault and abuse of a corpse. He will also be charged with assault and attempted murder in regards to the three women who survived his attacks.

If convicted, Sowell could get the death penalty.

The waiver pushes back the Sowell trial court date to mid-2010.

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Gay Marriage Rights Hits a Snag in NY, NJ

Alicia Norman — Sun, 29 Nov 2009 00:32:18 +0000

In a surprise blow to the gay marriage rights movement, it appears as if liberal leaning New York and New Jersey may not vote on legalizing homosexual unions in the near future. This comes just as Freedom to Marry and other gay right organizations have gained momentum in key states throughout the Northeast.

Advocates for same-sex legislation that gives gays the same rights as heterosexual couples have counted on obtaining votes in New York and New Jersey, but it now seems as if the votes may never come. Freedom to Marry Executive Director Evan Wolfson isn’t apprehensive about the development, citing the fact that all civil rights movements ebb and flow.

On the other hand, National Organization for Marriage President Maggie Gallagher says conservatives are gaining momentum, citing Maine’s ban on same-sex marriages, which was a sharp reversal after initial votes to allow it.

It remains to seen if New York and New Jersey will vote on the legislation any time soon.

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Gay Couples can Recieve Benefits Declares NY Judge

Alicia Norman — Sun, 29 Nov 2009 00:30:36 +0000

Legally married same sex couples in New York can receive benefits an Albany NY court judge ruled. The judgment came after a Christian legal group challenged a ruling that allowed homosexual couples to receive government benefits. To that end, the court came just shy of indicating whether or not same sex spouses were privy to all the same entitlements enjoyed by heterosexual married couples.

The ruling came down Thursday and although New York doesn’t allow same sex marriage, the judgment protects the rights of couples married elsewhere.

The case was propelled forward by the Alliance Defense Fund of Scottsdale, Arizona, a Christian Group who is against same sex marriages and any benefits supplied to that end. The judge cautioned that groups that seek to pursue such matters may create “an unworkable pattern of conflicting orders by public officials involving different benefits and rights.”

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Craigslist Shielded Against Erotic Services Lawsuit

Alicia Norman — Wed, 25 Nov 2009 18:28:50 +0000

An Illinois based federal judge granted Craigslist a motion for a judgment over the website’s ex “erotic services” listing. Seeking financial award under the Communications Decency Act, Thomas Dart, the Sheriff of Cook County Illinois, filed a lawsuit against Craigslist alleging that its erotic services category helped perpetuate prostitution. Thomas Dart is seeking an injunction prohibiting Craigslist from publishing erotic services listings. The sheriff also desires financial compensation for the money that his office has spent investigating prostitution occurring on the site.

Soon after the suit was filed, Craigslist changed the title to “adult services” and instituted a review process for postings in that particular category. Sheriff Dart argued that the changes did not eliminate the problem.

Illinois district Court Judge John Grady ruled that Craigslist was shielded from liability by section 230 of the Communication Decency Act which states that a provider of an interactive service can’t be held accountable for what transpires via third party material. Responsibility then falls onto the shoulders of the person posting the content, not the website providing the services.

The ruling means that Thomas Dart cannot recover financial damages from Craigslist under the stipulations of his suit.

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GA School bans Bible Verses from Football Field

Alicia Norman — Sat, 03 Oct 2009 16:27:00 +0000

A north Georgia high school has banned signs that bear bible verses during football games for fear they could be considered unconstitutional and provoke a potential lawsuit. The move angered many in the community who believe that the preemptive ban was unnecessary. Those who live around and/or attend Lakeview-Fort Oglethorpe High school argue that the community is a religious one and that the signs should remain a part of the football routines.

Demonstrations in support of the signs began immediately after the ruling, gaining momentum since the ban was put into place a week ago. The school administration has since conceded, designating a special area where the signs can go on display as a compromised.

There was no word on whether or not this solution appeased irate community members.

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San Francisco Drug Stores to Continue Cigarette Ban

Alicia Norman — Thu, 01 Oct 2009 18:34:24 +0000

A 9th Circuit Court of Appeals in San Francisco upheld a ruling that disallowed the selling of cigarettes in any pharmacy that existed within the city limits. The 3 judge panel voted unanimously on the provision, stating that it did not ban cigarette advertising, just the sale of the product itself. The current ban, which took effect in Oct 1, 2008, bars cigarette sales in pharmacies like Walgreen’s or Rite-Aid, but not in businesses that have
pharmacies in them, such as a grocery store, Wal-Mart or Costco.

The ordinance, which took effect Oct. 1, 2008, seeks to address concerns that smoking is “legitimized” by allowing cigarette sales in pharmacies. This is counter the goal of health and well being the city argues.

The appeal and ruling followed on the heels of a 2008 lawsuit by Philip Morris USA, who brought litigation against the city of San Fransisco, its board of supervisors and Mayor Gavin Newsom in the U.S. District Court for the Northern District of California. In their suit, the company alleged that the ban violates the First and 14th Amendments. They also pointed out that they have protections under a federal cigarette advertising law. Philip Morris USA further contended that the fact that there is a surgeon generals warning on their product gives buyers a clear indication of potential risks. This means that the state has no need to further this warning by banning the product.

Judges who upheld the ban countered by indicating that the ordinance prohibits the sale of tobacco in that forum, not speech about tobacco. They reasoned that every government regulation suppresses
speech in some manner, but that the prohibition itself does not restrict the promotion of specific ideas.

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Justice Dept. Seeks to Dismiss Challenge to Marriage Law

John Fiore — Mon, 21 Sep 2009 00:29:29 +0000

The Justice Department recently asked a Boston judge to dismiss the lawsuit claiming the federal law that defines marriage as being between a man and a woman as unconstitutional. This lawsuit dictates that the law denying gay couples the same legal benefits as other married couples is against the constitution. Court documents filed this Friday make it clear that the majority of the members of the Obama administration view the law as discriminatory, and think that it should be repealed.

However, the Justice Department said the law was defended because it was “constitutionally permissable.” The law in question was the 1996 federal Defense of Marriage Act, which keeps gay couples from being recognized as married and therefore from obtaining pensions, health insurance, and other benefits.

If you need legal counsel regarding such a matter, please contact our offices in Los Angeles for assistance.

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Ashcroft Ruled Against in 9/11 Case

Alicia Norman — Tue, 08 Sep 2009 03:50:23 +0000

A Boise Idaho federal appeals court ruled that former Attorney General John Ashcroft violated the constitutional rights of Abdullah Al-Kidd, a U.S. citizen and former University of Idaho student. Al-Kidd filed the lawsuit in 2005 citing that his civil rights were violated when he was unlawfully detained as a material witness for two weeks during a Federal terrorism case.

The man stated that he lost a scholarship to study in Saudi Arabia as well as employment opportunities because of the detainment and subsequent investigation.

The 9th U.S. Circuit Court of Appeals in Boise court maintained that Ashcroft could and should be held liable to individuals who were wrongfully detained after the September 11^th terrorist attacks. The lawsuit may open the door for similar suits to be filed against the erstwhile Bush Administration appointee.

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