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Court: Florida Docs Allowed to Ask Patients About Guns
Legal News |
2017/02/22 10:30
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A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.
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Rolling Stone defamation case over rape story back in court
Legal News |
2017/02/10 01:09
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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. |
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Dylann Roof's mental state revealed in court records
Legal News |
2017/02/07 01:08
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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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Federal judge agrees to end Michigan recount after 3 days
Legal News |
2016/12/19 00:37
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A federal judge who ordered Michigan to begin its recount effectively ended it on Wednesday, tying his decision to a state court ruling that found Green Party candidate Jill Stein had no legal standing to request another look at ballots.
The ruling seals Republican Donald Trump's narrow victory over Democrat Hillary Clinton for Michigan's 16 electoral votes.
U.S. District Judge Mark Goldsmith agreed with Republicans who argued that the three-day recount must end a day after the state appeals court dealt a blow to the effort. The court said Stein, who finished fourth in Michigan on Nov. 8, didn't have a chance of winning even after a recount and therefore isn't an "aggrieved" candidate.
"Because there is no basis for this court to ignore the Michigan court's ruling and make an independent judgment regarding what the Michigan Legislature intended by the term 'aggrieved,' plaintiffs have not shown an entitlement to a recount," Goldsmith said.
It was the judge's midnight ruling Monday that started the recount in Michigan. But Goldsmith's order dealt with timing — not whether a recount was appropriate. More than 20 of 83 counties already were counting ballots again. They reported minor changes in vote totals, although many precincts couldn't be examined for a second time for a variety of reasons.
Earlier Wednesday, the Michigan elections board voted, 3-1, to end the recount if Goldsmith extinguished his earlier order.
State Republican Party Chairman Ronna Romney McDaniel and Attorney General Bill Schuette said it's a victory for voters and taxpayers. Stein now is left with asking the Michigan Supreme Court to intervene, which is a long shot.
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