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Court upholds government's energy conservation program
State Law Issues | 2016/01/20 15:35
The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.

The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.

The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.

A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales.



2 charged in pastor's wife killing say little in court
Law Firm News | 2015/11/25 12:09
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.


Federal Court Rules Wisconsin Abortion Law Unconstitutional
Legal World News | 2015/11/23 12:08
A Wisconsin law that requires abortion providers to get admitting privileges at nearby hospitals is unconstitutional, a federal appeals court panel ruled Monday.

The 7th U.S. Circuit Court of Appeals panel's 2-1 decision doesn't put the question to rest. Nearly a dozen states have imposed similar requirements on abortion providers, and the U.S. Supreme Court agreed last week to hear a challenge to Texas' law in a case that could settle the issue nationally.

The Wisconsin case centers on a lawsuit filed by Planned Parenthood and Affiliated Medical Services. The groups argue that the 2013 law amounts to an unconstitutional restriction on abortion.

The law's supporters counter the Republican-backed statutes would ensure continuity of care if a woman developed complications from an abortion and needed to be hospitalized. But the lawsuit said the statute would force AMS's clinic in Milwaukee to close because its doctors couldn't get admitting privileges. That in turn would lead to longer waits at Planned Parenthood clinics. Therefore, the lawsuit maintained, the law amounts to an illegal restriction on abortions.

U.S. District Judge William Conley sided with the abortion providers in March, saying the law served no legitimate health interest. The Wisconsin Department of Justice later appealed to the 7th Circuit.

Writing for the 7th Circuit majority, Judge Richard Posner called the contention that the law would protect women's health "nonexistent." He said the law would put more women in danger by increasing the waiting times for abortions, which could push some procedures into the second trimester.


Lawyer: Don't judge Chicago officer based on shooting video
Legal World News | 2015/11/22 12:08
An attorney for a white Chicago police officer who shot a black teenager 16 times says his client acted lawfully and urges the public not to rush to judgment based solely on a video of the shooting that's to be released within days.

Attorney Dan Herbert told reporters Friday that Officer Jason Van Dyke is — in his words — "scared to death." Herbert says the officer is concerned about the safety of his wife and two school-age children in the event the video prompts violence.

A judge on Thursday ordered the city to release squad car dashcam video of 17-year-old Laquan McDonald's 2014 shooting.

Herbert says the video doesn't capture the whole confrontation.

Van Dyke has been stripped of his police powers, but remains at work on desk duty.


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