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Court: Lawsuit alleging coerced confessions can go to trial
Law Firm News | 2018/02/05 23:42
A lawsuit that accuses Evansville police officers of violating three teenagers' constitutional rights by coercing confessions in the killing of a homeless man can proceed to trial, a federal appeals court has ruled.

A panel of the 7th U.S. Circuit Court of Appeals agreed there's enough evidence that officers deliberately coerced confessions from siblings William and Deadra Hurt in the death of 54-year-old Marcus Golike to warrant a civil trial.

"False confessions are a real problem ...," the judges wrote in their opinion, which describes the issue of whether police tactics are enough to make confessions involuntary "the ultimate legal question," The Evansville Courier & Press reported .

The suit filed in 2014 on behalf of William, Deadra and Andrea Hurt and their mother, Debbie Hurt, accuses detectives of threatening the teenagers, feeding them facts to coerce confessions and then ignoring evidence disproving those statements, and even manufacturing some evidence.

William Hurt was 18, Deadra Hurt 19 and Andrea Hurt 16 at the time of their arrests in the June 2012 killing of Golike, who was beaten, strangled and dumped in the Ohio River. Another teenager who was also arrested is not a party to the suit.

All charges in the case were ultimately dismissed against everyone but William Hurt, who refused a plea deal. A jury acquitted him of murder in February 2013.

Police began focusing on the teenagers after learning that Golike had visited the Hurt family before his death.

The suit's defendants include the city of Evansville, its police department, four city police detectives and their three supervisors at the time, one of whom is now deceased. The suit also names two Kentucky State Police detectives who were involved because Golike's body was found in their jurisdiction.

"At this juncture, the court has to take the facts in the light most favorable to the plaintiff, and then there is an issue for a jury or a judge to decide," said Keith Vonderahe, who's one of several attorneys representing the Evansville officers.


Prosecutor asks for prison terms in Paris terror trial
Law Firm News | 2018/02/03 23:42
A French prosecutor has requested four years in prison for a man accused of harboring killers in the 2015 Islamic State attacks on Paris, less than the maximum term.

In closing arguments Tuesday, Nicolas Le Bris said Jawad Bendaoud knew he was hiding criminals, but that there wasn't sufficient evidence he knew they were involved in the Nov. 13, 2015, attacks.

However, he called for the maximum 5-year sentence for co-defendant Youssef Ait-Boulhacen, arguing that Ait-Boulhacen knew who the men were, what they had done, and that they were plotting another attack.

Ait-Boulahacen's sister, Hasna, found the hideout for the fugitives and died with them in a police standoff.

The trial is the first time a French court has heard a case related to the attacks, which killed 130 people.


'Dirty soda' Utah court battle ends with legal settlement
Law Firm News | 2017/11/01 13:01
Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.

Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.

Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.

Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.

Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.

Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.

Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.

The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.

Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix.


Court weighing whether graffiti mecca was protected by law
Law Firm News | 2017/10/21 01:14
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.



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