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Judge denies motions in WVU media rights laws
Legal Line News | 2013/08/26 11:41
A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.

Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.

The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.

The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.


Court won't reconsider judicial elections ruling
Court News | 2013/08/21 13:53
An appellate court panel's decision to allow political parties to endorse candidates and make expenditures in Montana's nonpartisan judicial elections will stand, the 9th U.S. Circuit Court of Appeals ruled Friday.

None of the 9th Circuit judges voted to rehear the three-judge panel's June decision, so the appellate court denied the state attorney general's petition.

The panel said in June the state's ban on party endorsements and expenditures in judicial races is unconstitutional, but ruled that candidates can't receive direct contributions from parties.

The state filed a petition for rehearing, calling it a matter of exceptional importance in Montana's authority to determine how to maintain an impartial and nonpartisan judiciary.

Montana's system of judicial elections reflects a deeply ingrained and repeatedly confirmed sovereign decision by the state and its voters, Assistant Attorney General Michael Black wrote in the petition.

A decision has not been made whether to take the appeal to the U.S. Supreme Court, attorney general spokesman John Barnes said.

"We're looking at our options and will be making a decision on how to proceed from here," Barnes said in an emailed response to an Associated Press query.


Court won't reconsider judicial elections ruling
Court News | 2013/08/19 14:35
An appellate court panel's decision to allow political parties to endorse candidates and make expenditures in Montana's nonpartisan judicial elections will stand, the 9th U.S. Circuit Court of Appeals ruled Friday.

None of the 9th Circuit judges voted to rehear the three-judge panel's June decision, so the appellate court denied the state attorney general's petition.

The panel said in June the state's ban on party endorsements and expenditures in judicial races is unconstitutional, but ruled that candidates can't receive direct contributions from parties.

The state filed a petition for rehearing, calling it a matter of exceptional importance in Montana's authority to determine how to maintain an impartial and nonpartisan judiciary.

Montana's system of judicial elections reflects a deeply ingrained and repeatedly confirmed sovereign decision by the state and its voters, Assistant Attorney General Michael Black wrote in the petition.

A decision has not been made whether to take the appeal to the U.S. Supreme Court, attorney general spokesman John Barnes said.

"We're looking at our options and will be making a decision on how to proceed from here," Barnes said in an emailed response to an Associated Press query.


Ore. appeals court reverses sex abuse conviction
U.S. Court News | 2013/08/12 15:01
The Oregon Court of Appeals has overturned the conviction of a man found guilty of sodomy and sex abuse after it ruled a lower court erroneously allowed a previous victim of his to testify.

Prosecutors said the previous conviction was necessary to show Javier Roquez knew what he was doing was a crime. Roquez's defense team said the conviction, from 2006, should have been inadmissible because it wasn't related to the new rape case.

Roquez was accused of raping a woman with whom he was having an affair in May 2010 in the Oregon city of Irrigon. According to the original police report, Roquez and the woman were each married to other people, and their families were friends.

The woman, who lived in Kennewick, Wash., decided to call off the affair, but said Roquez threatened to tell their spouses unless she would have sex with him a last time. During intercourse, the woman said she tried to leave but Roquez refused to let her go, despite her pleas, and said the sex turned violent.

A doctor later examined her and found evidence of sexual assault. Roquez was charged with one count of first-degree rape, one count of first-degree sodomy and two counts of second-degree sexual abuse.


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