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Mo. high court hears arguments on incentive fund
Lawyer World News |
2012/09/22 16:07
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Missouri Supreme Court judges are weighing two potentially contradictory sections of legislation while deciding whether a new law creating an incentive fund for high-tech businesses can take effect.
Arguments Wednesday before the high court focused on the bill's contingency clause, which made the program effective only if lawmakers also passed a separate economic development bill during a 2011 special session. A trial judge struck down the entire law earlier this year, ruling the contingency clause was unconstitutional.
During an appeal to the Supreme Court, the attorney general's office argued that judges should focus a severability clause that also was contained in the bill. That section said that if part of the measure were struck down, other portions of the bill could still be allowed to take effect. |
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Lawyer: NM gov aide recorded on state email use
Lawyer World News |
2012/09/07 15:44
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An Albuquerque attorney said Tuesday he has a recording of the governor's top aide telling one of his clients that he never uses state email to conduct business because I don't want to go to court (or) jail.
But the aide said the small recorded clip released to reporters is out of context, and he vowed to file an ethics complaint because the full recording outs a young female relative of the aide as a witness in a sexual assault case.
Defense attorney Sam Bregman represents fired Department of Corrections worker Larry Flynn in a wrongful termination case in which the administration's use of private email accounts was first revealed. He released the recording to reporters and said it is of Republican Gov. Susana Martinez's chief of staff, Keith Gardner.
Speaking at a news conference held in his office, Bregman, a Democrat and vocal critic of Martinez, said the secret recording is of a conversation between Gardner and a friend, Brian Powell of Roswell. Powell told Bregman he made the recording when he and Gardner were having a conversation about family issues. Powell, who works for the Roswell Fire Department, did not tell Gardner he was recording him, and it's unclear why he was recording him. |
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Court: Texas can cut off Planned Parenthood funds
Lawyer World News |
2012/08/24 11:42
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A federal appeals court ruled late Tuesday that Texas can cut off funding for Planned Parenthood clinics that provide health services to low-income women before a trial over a new law that bans state money from going to organizations tied to abortion providers.
The 5th U.S. Circuit Court of Appeals in New Orleans lifted a federal judge's temporary injunction that called for the funding to continue pending an October trial on Planned Parenthood's challenge to the law.
State officials sought to cut off funding to Planned Parenthood clinics that provide family planning and health services to poor women as part of the Texas Women's Health Program after the state's Republican-led Legislature passed a law banning funds to organizations linked to abortion providers. No state money goes to pay for abortions.
The appeal's court decision means Texas is now free to enforce its ban on clinics affiliated with abortion providers. Planned Parenthood provides cancer screenings and other services — but not abortions — to about half of the 130,000 low-income Texas women enrolled in the program, which is designed to provide services to women who might not otherwise qualify for Medicaid.
The ruling is the latest in the ongoing fight over Texas' efforts to halt funding to clinics affiliated with abortion providers. The federal Centers for Medicare and Medicaid Services has said that the new state rule violates federal law. Federal funds paid for 90 percent, or about $35 million, of the $40 million Women's Health Program until the new rule went into effect. Federal officials are now phasing out support for the program. |
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Fed. appeals court denies ex-Ill. governor appeal
Lawyer World News |
2012/08/10 12:41
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A federal appellate court in Chicago has denied an appeal filed by imprisoned former Illinois Gov. George Ryan.
The 7th U.S. Circuit Court of Appeals released a 16-page ruling on Monday denying the 78-year-old Republican's appeal.
A ruling in his favor could have led to Ryan's release from an Indiana prison. It was widely seen as his last chance to get out of prison early.
Ryan is nearing the end of a 6 1/2-year sentence. He's due to be released in mid-2013.
The U.S. Supreme Court in April ordered the appeals court to revisit Ryan's arguments to overturn his conviction.
Last year, the lower court rejected arguments that the 2006 convictions should be tossed because prosecutors never proved Ryan took a bribe. |
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Court spurns religious claim to name change
Lawyer World News |
2012/08/02 16:55
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An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.
A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.
Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010. |
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