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Rolling Stone defamation case over rape story back in court
Legal News | 2017/02/10 01:09
Attorneys for Rolling Stone magazine are heading back to federal court to try to overturn a jury's defamation verdict over its botched story "A Rape on Campus."

A judge is holding a hearing in Charlottesville, Virginia, on Thursday to consider Rolling Stone's request to throw out the jury's November verdict. The jury awarded University of Virginia administrator Nicole Eramo $3 million after finding Rolling Stone and a reporter defamed her.

The 2014 story told the account of a woman identified only as "Jackie," who said she was gang raped at the school. A police investigation found no evidence to back up Jackie's claims.

The magazine argues, among other things, there's no evidence reporter Sabrina Rubin Erdely acted with actual malice. Eramo's attorneys are urging the judge to keep the verdict.


Travel ban decision in hands of federal appeals court judges
Law Firm News | 2017/02/09 01:09
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.



Missouri death row inmate appeals to US Supreme Court
Court News | 2017/02/08 01:08
A Missouri man convicted of killing a woman and her two children almost 20 years ago asked the U.S. Supreme Court to spare his life on Monday, a day before his scheduled execution.

Mark Christeson, 37, is set for lethal injection Tuesday evening at the state prison in Bonne Terre. Investigators said he raped and killed Susan Brouk, and killed her 12-year-old daughter and her 9-year-old son near their rural south-central Missouri home in 1998.

The nation's highest court halted Christeson's execution in 2014, just hours before it was scheduled. Monday's appeal focuses on the same main issue that Christeson's attorneys cited then: His trial lawyers were so inept that they missed a 2005 deadline to file a federal court appeal, which is standard practice in death penalty cases.

His lawyers have also argued that Christeson has an IQ of 74 and was therefore mentally incapable of understanding his legal rights during his original trial.



Dylann Roof's mental state revealed in court records
Legal News | 2017/02/07 01:08
Documents unsealed in federal court reveal new details about the mental health of convicted Charleston church shooter Dylann Roof, including a psychiatrist's finding that his disorders make it hard for him to focus, interact with others or express emotion.

Quoting from a psychiatrist's testimony during one of those hearings, his lawyers wrote "the defendant suffers from 'Social Anxiety Disorder, a Mixed Substance Abuse Disorder, a Schizoid Personality Disorder, depression by history, and a possible Autistic Spectrum Disorder.'"

Some of the other trademarks of those disorders, according to the filings, are anxiety about unknown outcomes, a tendency to become overwhelmed and trouble retaining information. Roof's "high IQ," his attorneys wrote, is "compromised by a significant discrepancy between his ability to comprehend and to process information and a poor working memory."

Because of this, his attorneys asked that the judge allow for frequent courtroom breaks, longer times for lunch recess and perhaps even a day or two off from court per week. The motion also noted that U.S. District Judge Richard Gergel had "denied a defense request for an independent competency evaluation focused on autism."

The judge ultimately denied the motion, taking breaks at regular intervals and holding court for about eight hours a day. The information on Roof's diagnoses emerges from the hundreds of pages of court documents originally filed under seal and opened this week by Gergel.


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