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Court reverses verdict in Calif. baby-selling case
Law Firm News |
2013/06/20 15:24
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A midlevel California appeals court has overturned the conviction of a Salinas man who allegedly tried to sell his 8-month-old baby in a Walmart parking lot.
The state's 6th District Court of Appeal ruled Friday that the judge who originally heard the case gave incomplete instructions to the jury that ultimately convicted 41-year-old Patrick Fousek of child endangerment, The Monterey Herald reports.
Both Fousek and his girlfriend, Samantha Tomasini, were arrested two years ago when two women reported that Fousek had approached them and asked if they wanted to buy his infant daughter for $25. Fousek's lawyers argued during his 2011 trial that the offer had not been serious, but the appeals court said Monterey County prosecutors had presented enough evidence to support a guilty verdict.
But the court, in its unpublished opinion, said Superior Court Judge Pamela Butler should have been told they needed to agree unanimously on the specific act or acts on which they based their verdict. In Fousek's case, that could have been the proposed sale of the baby, the squalid home in which she was being raised, or the fact that Tomasini allegedly breastfed the little girl while high on methamphetamine. |
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Arizona appealed that decision to the Supreme Court.
Legal World News |
2013/06/19 11:04
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| The case focuses on Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating such legislation. |
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Court hears arguments on NYC's big soda ban
Legal Information |
2013/06/13 23:50
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A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.
The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.
The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.
During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.
Justice David Friedman said the city appeared to be asking for unprecedented authority to regulate all sorts of portion sizes, including the number of doughnuts a person could eat, the number of scoops of ice cream and number of servings of fried chicken. |
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Court OKs Class-action Suit Over Apartment Leases
Law Firm Press Release |
2013/06/10 10:20
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An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.
The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.'' |
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