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Appeals court revives challenge to consumer age
Court Watch |
2015/07/24 23:20
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A federal appeals court on Friday revived a legal challenge to the Consumer Financial Protection Bureau, the federal office created to protect consumers in financial dealings with banks, lenders and credit card companies.
The federal appeals court in Washington ruled that a Texas bank could challenge the constitutionality of the watchdog agency's powers even though the bank's conduct has not been subject to any enforcement.
A federal district judge had dismissed the lawsuit in 2013 after finding the bank had no legal standing to bring the claims.
The independent agency was created in 2010 by a sweeping law that overhauled financial regulations following the 2008 financial crisis. Wall Street interests and Republicans in Congress fiercely opposed the agency.
The appeals court sent the case back to the lower court to consider the challenges.
Eleven states had joined the lawsuit filed by State National Bank of Big Spring, Texas, to argue that Congress delegated too much power to the bureau. They also argue that it should not be headed by just one person and that President Barack Obama illegally appointed the agency's director, Richard Cordray, during a congressional recess. Cordray was later confirmed by the Senate.
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Crimean Filmmaker Pleads Not Guilty in Terrorism Trial
Law Firm News |
2015/07/23 03:55
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A Ukrainian filmmaker who has been in a Russian jail for more than a year on Tuesday pleaded not guilty to charges of conspiracy to commit terrorism.
Critics have dismissed Oleh Sentsov's prosecution as revenge for his pro-Ukrainian position in Russia-occupied Crimea. Sentsov, a Crimean native, was a vocal voice against Russia's annexation of Crimea which followed a hastily called referendum in March.
The 39-year-old Sentsov was arrested in Crimea's capital in May 2014 after a pro-Ukrainian rally protesting the annexation.
At the opening of his trial in the southern city of Rostov-on Don on Tuesday, Sentsov pleaded not guilty and insisted the case against him is a fabrication, Russian news agencies reported.
Sentsov's defense team describes Sentsov's arrest in May 2014 as a kidnapping.
Sentsov, who unlike many Crimeans didn't apply for Russian citizenship, was grabbed on the street in Crimea's capital, Simferopol, by Russian security agents and resurfaced days later in custody in Moscow. |
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Ill. high court rejects intervention on state paychecks
Legal Network |
2015/07/20 16:20
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The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.
The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.
Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.
A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.
A St. Clair County judge decreed it would violate the Constitution not to pay them.
State Comptroller Leslie Munger began paying workers this week.
A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.
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Court Halts Execution Of Tyler Woman's Killer
Court Watch |
2015/07/18 16:20
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The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved.
Williams, 31, had faced execution Thursday evening for the killing of Cecelia Schneider of Tyler, about 85 miles east of Dallas. Investigators determined she had been beaten and stabbed before her body and her bed were set on fire.
In a brief order, the court agreed to return the case to the trial court in Tyler to review an appeal from Williams' attorneys. They want to examine whether incorrect FBI statistics regarding DNA probabilities in population estimates cited by witnesses could have affected the outcome of Williams' trial.
"We need time to look at this," said Seth Kretzer, one of Williams' lawyers. "No way we can investigate this in five hours.
"It requires some time, and the CCA saw that."
The Texas Department of Public Safety sent a notice June 30 that the FBI-developed population database used by the crime lab in Texas and other states had errors for calculating DNA match statistics in criminal investigations. The Texas Attorney General's Office informed Williams' attorneys of the discrepancy on Wednesday.
Prosecutors in Tyler, in Smith County, had opposed Williams' appeal for a reprieve, telling the appeals court the state police agency insisted that corrected figures would have no impact. Williams is black, and prosecutors said the probability of another black person with the same DNA profile found in Schneider's missing car was one in 40 sextillion. Jurors in 2006 were told the probability was one in 43 sextillion. A sextillion is defined as a 1 followed by 21 zeros.
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