John Van Orden's federal lawsuit began last year as 76 pages of claims he meticulously wrote by hand in all capital letters. He was just another pro se plaintiff pleading for relief from the court. Except Van Orden isn't an ordinary plaintiff. Since 2007, he has been one of 150 civilly committed residents of the Missouri Sex Offender Rehabilitation and Treatment Services' facility in Farmington, 70 miles south of St. Louis.
A New York trial court has ordered a plaintiff to grant a defendant access to her Facebook and MySpace accounts, including deleted and historical pages, on the grounds that photos on those pages were inconsistent with her claims of loss of enjoyment of life. An ethics opinion from the New York State Bar earlier this month gave lawyers the green light to access an opposing party's public social networking pages for purposes of looking for impeachment evidence.
Northport Health Services of Arkansas, et al. v. Rutherford; Northport Health Services, et al. v. Robinson (MLW No. 60632/Case No. 09-2433/09-2435 - 13 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) Arbitration: Tort Claims - Nursing Home Defendants - Federal Question Jurisdiction
Maryland must be flush with cash, because many state legislators are eager to give tuition breaks to people who are in this country illegally. According to the fiscal note accompanying the in-state- tuition bill now under consideration, Maryland taxpayers will have to cough up about $3.5 million by fiscal 2016 to cover the costs of giving the children of non-U.S. citizens, here both legally and illegally, the same status as legal Maryland residents when it comes to community college tuition. Nor will the provision in the new bill requiring that newly eligible students' parents be Maryland taxpayers make an appreciable difference, because the allocable contribution by each benefiting taxpayer will be but a tiny fraction of the total cost of the new benefit. The Editorial Advisory Board p...
Nearly 60 percent of documents turned over to Allegheny County prosecutors in the criminal investigation of state Sen. Jane Orie were legislative in nature and constitutionally protected, attorneys for Senate Republicans said yesterday in court filings. The claims were part of more than 500 pages of documents filed yesterday in the case against Orie, R-McCandless. Her attorney claimed among other filings that the charges against her are vague and should be dismissed, and the district attorney is biased against her.
Administrative Packers And Stockyards ActSanctionsCattle Dealer Where a judicial officer of the U.S. Department of Agriculture suspended a cattle dealer's registration under the Packers and Stockyards Act based on findings that the dealer engaged in unfair and deceptive trade practices and failed to keep adequate business records, the officer adequately considered the nature of the violations in relation to the remedial purposes of the act, and the dealer failed to show that the suspension was "so without justification in fact as to constitute an abuse of the Secretary's discretion." Judgment is affirmed. Syverson v. Department of Agriculture (MLW No. 63237/Case No. 11-1363 - 7 pages) (U.S. Court of Appeals, Wollman, J.) Petition for review of an order of the U.S. Department of Agricult...
... that it was skeptical of the defendant's claims of remorse and believed the nature and circumstan...
DUARTE - City Manager Darrell George called allegations the City Council misused public funds in a fight against a Vulcan Materials Co. mining project in Azusa a public relations ploy designed to smear Duarte. In a response hundreds of pages long, Duarte this week refuted claims by former Azusa Mayor Diane Chagnon that it had hired a public relations firm to help with a referendum campaign in Azusa and illegally discussed certain items in closed session.
It was the CIA that first asked for guidance in techniques for interrogating purported terrorists who were hard to crack; then there followed the advisories telling interrogators how to torture prisoners. Hentoff claims that amid all the hundred of pages hurriedly released by the Bush administration as a cover-up for those memoranda, there are no references to any official regulations applying to thousands of prisoners being vigorously questioned in the many American secret interrogation centers around the world, which the government does not admit they exist.
Criminal LawHabeas ReliefEffectiveness Of CounselBallistic EvidenceWhere a defendant, who was convicted of charges including second-degree murder, argued that his trial counsel was ineffective for failing to investigate or present ballistic evidence linking a murder weapon to a previous shooting that did not involve him, the district court did not err in denying relief on this point because the evidence was minimally probative since handguns are often change owners and the state's case against the defendant was strong, and the denial of relief is affirmed over the defendant's remaining claims in his petition for habeas corpus.Denial affirmed. Kennedy v. Kemna (MLW No.63203/Case No. 11-1218 - 21 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Appealed from U.S. District Court, West...
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