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Washington Supreme Court rules against Backpage.com
Blog News | 2015/09/03 20:19
The website Backpage.com may not be immune from state liability law and a lawsuit filed by three young girls who said they were sold as prostitutes on the website can proceed to trial, the Washington Supreme Court ruled Thursday.
 
In a 6-3 decision, the justices said the federal Communications Decency Act does not protect Backpage from state lawsuits because of allegations that the company didn't just host the ads, but helped develop the content.

"The plaintiffs before us have been the repeated victims of horrific acts committed in the shadows of the law," said Justice Steven Gonzalez, writing for the majority. "They brought this suit in part to bring light to some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com in advertisements that, they allege, the defendants help develop."

The case should proceed because the girls have alleged facts that, if proved, would show that Backpage helped produce illegal content, the justices said.



Court cuts prison sentence for Memphis 'sovereign citizen'
Court Watch | 2015/09/02 20:18
An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.

Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.

The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.

Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.

Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.



Alaska Supreme Court won't block Medicaid expansion
Court Issues | 2015/09/01 20:18
Thousands of lower-income Alaskans will become eligible for Medicaid after the Alaska Supreme Court on Monday refused to temporarily block the state from expanding the health care program.

The win capped a big day for Alaska Gov. Bill Walker, who earlier flew with President Barack Obama from Washington, D.C., to Anchorage.

"The Alaska Supreme Court's ruling today brings final assurance that thousands of working Alaskans will have access to health care tomorrow," Walker said in a statement issued Monday evening.

Walker earlier this summer announced plans to accept federal funds to expand Medicaid coverage after state legislators tabled his expansion legislation for further review.

The Legislative Council, acting on behalf of lawmakers, sued to stop expansion.

Thirty other states and the District of Columbia have expanded Medicaid, or plan to do so, to include all adults with incomes at or below 138 percent of the federal poverty level.

The federal government agreed to pay all costs for the new enrollees through 2016, but it will begin lowering its share in 2017. States will pay 10 percent of the costs by 2020.

Some Alaska legislators have expressed concern with adding more people to a system they consider broken. Administration officials have acknowledged the current Medicaid program isn't sustainable, but they see expansion as a way to get federal dollars to help finance reform efforts.

On Friday, Superior Court Judge Frank Pfiffner denied the request from lawmakers to halt expansion while a lawsuit moves forward. The Alaska Supreme Court on Monday agreed, saying lawyers for the lawmakers failed to show Pfiffner erred when denying the motion for a preliminary injunction.


Ex-Gov. Blagojevich to ask Supreme Court to hear case
Court Watch | 2015/08/19 20:31
A full appellate court indicated Wednesday that it will not rehear an appeal of Rod Blagojevich's corruption convictions, and his lawyer responded that the imprisoned former Illinois governor will appeal next to the U.S. Supreme Court.

After a three-judge panel tossed out five of his 18 convictions in July, Blagojevich had hoped the full court might overturn even more. But the 7th U.S. Circuit Court of Appeals posted a notice saying no judges on the court asked for a rehearing.  

Blagojevich, 58, is serving a 14-year prison sentence at a federal prison in Colorado on convictions including his attempt to sell an appointment to President Barack Obama's old U.S. Senate seat.

An appeal to the nation's highest court is a last and seemingly slim hope for a major legal victory. The Supreme Court tends to accept cases that raise weighty issues and ones that federal courts disagree on.

But defense attorney Leonard Goodman said in a statement he believed the Supreme Court would agree Blagojevich was involved in legal, run-of-the-mill politicking.

Allowing the remaining convictions to stand "puts every public official who must raise campaign funds to stay in office and to be effective at the mercy of an ambitious or politically motivated federal prosecutor," he said.




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