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State argues high court AZ ruling supports GA law
State Law Issues | 2012/07/06 15:42
The state of Georgia said Friday in a court filing that its law targeting illegal immigration should be upheld in light of the U.S. Supreme Court's ruling last month on a similar law enacted by Arizona.

The high court upheld a section of Arizona's law that requires police to check the immigration status of those they stop for other reasons. It also struck down three key sections that would: require all immigrants to obtain or carry immigration registration papers; make it a state criminal offense for an illegal immigrant to seek work or hold a job; and allow police to arrest suspected illegal immigrants without warrants.

The 11th U.S. Circuit Court of Appeals in March heard arguments in challenges to both Georgia and Alabama's illegal immigration crackdowns, but the three-judge panel said at the time that it would wait to rule until after the Supreme Court had ruled in the Arizona case. Friday is the deadline for lawyers in those cases to submit new briefs based on the Supreme Court ruling. By early afternoon, only Georgia's filing was available in an online court system.


Court throws out FCC penalties for cursing, nudity
Law Firm News | 2012/06/22 11:05
Broadcasters anticipating a major constitutional ruling on the government's authority to regulate what can be shown and said on the airwaves instead won only the smallest of Supreme Court victories Thursday.

The justices unanimously threw out fines and other penalties against Fox and ABC television stations that violated the Federal Communications Commission policy regulating curse words and nudity on television airwaves.

Forgoing a broader constitutional ruling, however, the court concluded only that broadcasters could not have known in advance that obscenities uttered during awards show programs on Fox stations and a brief display of nudity on an episode of ABC's NYPD Blue could give rise to penalties. ABC and 45 affiliates had been hit with proposed fines totaling nearly $1.24 million.


Use new drug sentencing law in crack cases
State Law Issues | 2012/06/21 12:12
The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.

Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.

Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.

Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented.


Guilty plea in NY 'mini-al Qaida' cell case
Law Firm Press Release | 2012/06/19 09:56
A New Yorker accused of trying to start what prosecutors called a mini al-Qaida cell pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.

An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.

The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about seeking out additional contacts within al-Qaida. The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.

Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida.


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