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Keyword: overturned

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  • Coast Guard rape conviction overturned after court’s scathing attack on women-packed jury

    01/28/2018 3:53:22 PM PST · by jazusamo · 41 replies
    The Washington Times ^ | January 28, 2018 | Rowan Scarborough
    The nation’s highest military court has thrown out the 2012 rape conviction of a Coast Guard enlisted man because admirals and prosecutors packed the seven-member jury with five women, four of whom held jobs as advocates for victims of sexual assault. In a 5-0 ruling that could change how the military conducts sex abuse trials, the U.S. Court of Appeals for the Armed Forces unleashed caustic criticism of all involved. From the Coast Guard commandant down to an appellate court to the original trial judge, the high court said all contributed to a “stain on the military justice system.” The...
  • Immigrant Status Revelation Overturns Dumont, Englewood (NJ) Rape Cases

    01/18/2018 4:30:02 PM PST · by LouieFisk · 22 replies
    Hackensack Daily Voice ^ | January 18, 2018 | Jerry DeMarco
    New Jersey's highest court overturned a day laborer's conviction of sexually assaulting three women on the streets of Dumont and Englewood -- in part because prosecutors revealed during his trial that he was in the country illegally.
  • Ex-hedgie seeks to keep suit vs. Preet Bharara alive

    03/24/2017 10:36:52 PM PDT · by Brad from Tennessee · 2 replies
    New York Post ^ | March 24, 2017 | By Carleton English and Kaja Whitehouse
    A former hedge fund manager on Friday fought for a chance to get former Manhattan US Attorney Preet Bharara on the witness stand. David Ganek, founder of Level Global, asked a federal appeals court to keep alive his 2015 lawsuit charging Bharara and the FBI with “fabricating evidence” to raid his $4 billion hedge fund in 2010. Bharara already tried once filed to kill the suit, which a trial judge denied in March. The prosecutor then appealed the ruling. “The notion there is no remedy when an officer of the United States [lies] in an affidavit is extraordinary,” Ganek’s lawyer...
  • Economist Steve Moore: If Election Results Are Overturned We Will Be looking at Civil War

    11/28/2016 4:04:42 AM PST · by Enlightened1 · 93 replies
    Youtube ^ | 11/27/16 | James Hoft
    Trump Economist Steve Moore: If Election Results Are Overturned We Will Be looking at Civil War  https://www.youtube.com/watch?v=R_3-qwctIpY  
  • Federal Judge Overturns Ban on Openly Carrying Guns in Public

    10/11/2016 12:09:01 PM PDT · by MarchonDC09122009 · 37 replies
    Reason ^ | 10/05/2016 | Jacob Sullum
    Federal Judge Overturns Ban on Openly Carrying Guns in Public - Hit & Run http://reason.com/blog/2016/10/05/federal-judge-overturns-ban-on-openly-ca Federal Judge Overturns Ban on Openly Carrying Guns in Public The ruling also rejects an "assault weapon" ban, caliber restrictions for long guns, a heavy handgun tax, and registration requirements. Jacob Sullum|Oct. 5, 2016 8:45 am In a quintuple victory for Second Amendment rights, a federal judge last week overturned a ban on carrying handguns in public, a ban on so-called assault weapons, caliber restrictions for long guns, a $1,000 tax on handguns, and a requirement that all guns be registered with the government. "The...
  • OBAMA CONSIDERING GRANTING 800K GUEST-WORKER VISAS AS 90% BELIEVE AMERICAN WORKERS SHOULD BE FAVORED

    08/21/2014 7:51:45 PM PDT · by MeshugeMikey · 86 replies
    Breitbart ^ | Aug 21, 2014 | Tony Lee
    After meeting with a "bevy" of big-business groups, President Barack Obama is reportedly considering granting them up to 800,000 additional guest-worker visas via executive actions.
  • Tom DeLay verdict overturned by Texas appellate court

    09/19/2013 8:01:47 AM PDT · by Perdogg · 171 replies
    A Texas Court of Appeals in Austin has overturned the conviction of former U.S. House Majority Leader Tom DeLay, attorney Brian Wice told KVUE sister station KHOU 11 News.
  • Justices’ Texas Redistricting Ruling Likely to Help G.O.P.(Supreme Court overturned Judges plan)

    01/21/2012 6:51:46 AM PST · by Texas Fossil · 15 replies
    The New York Times ^ | January 20, 2012 | ADAM LIPTAK
    The Supreme Court on Friday rejected elections maps drawn by a federal court in Texas that had favored Democratic candidates there. The unanimous decision said that redistricting is primarily a job for elected state officials and that the lower court had not paid enough deference to maps drawn by the State Legislature, which is controlled by Republicans. The justices sent the case back to the lower court, extending the uncertainty surrounding this major voting-rights case.
  • Judge: Man not guilty due to insanity

    08/26/2011 9:52:26 AM PDT · by DemforBush · 1 replies
    MUNCIE, Ind. (AP) - The Indiana appeals court has ruled that a judge wrongly sentenced a Muncie man to prison for killing his wife and that he should instead be sent to a mental hospital. The decision overturns the verdict of guilty but mentally ill on murder charges that 47-year-old Thomas Curtis received last year after a bench trial...
  • La Mesa man convicted of threatening pouts has conviction overturned by Ninth Circuit

    07/27/2011 6:16:32 AM PDT · by at bay · 14 replies
    Ninth Circuit ^ | July 19, 2011 | Ninth Circuit Vourt of Appeals
    "Even if "shoot the ni-" or "he will have a 50 cal in the head soon" could reasonably have been perceived by objective observers as threats within the factual context, this alone would not have been enough to convict Bagdasarian.....The government must also show that he made the statements intending that they be taken as a threat. A statement that the speaker does not intend as a threat is afforded constitutional protection and cannot be held criminal." page 17
  • Politically Correct Washington Supreme Court Overturns Murder Conviction

    06/11/2011 9:56:44 AM PDT · by Paladins Prayer · 30 replies
    American Thinker ^ | June 11, 2011 | Selwyn Duke
    In 2007, Kevin L. Monday Jr. was convicted for the murder of Francisco Green and received 64 years in prison. The incident was caught on a 3-minute video recording shot by a street performer, and the footage clearly shows Monday coolly and calculatingly firing 11 shots at Green on a crowded Seattle, Washington, street corner. Thus, despite the reluctance of witnesses to testify, it was an open-and-shut case. But now the Washington Supreme Court, in an 8-1 ruling, has overturned the conviction and a lower court that upheld it, claiming that the prosecutor used "racist" arguments. What is the supposed...
  • Rape case: Court tosses 9th Circuit racism ruling

    03/21/2011 4:35:30 PM PDT · by SmithL · 16 replies
    San Francisco Chronicle ^ | 3/21/11 | Bob Egelko, Chronicle Staff Writer
    The U.S. Supreme Court reinstated a Sacramento man's conviction and life sentence Monday for the rape of a 72-year-old woman in her apartment, dismissing an appellate court's decision that the prosecutor may have had racial reasons for removing two African Americans from the jury. The Ninth U.S. Circuit Court of Appeals in San Francisco had granted a new trial to Steven Frank Jackson in July. The court said the prosecutor at Jackson's 2004 trial had used pretexts to justify his challenges to the two African American jurors, because the reasons he gave could have applied to jurors he left on...
  • SCOTUS smacks down Ninth Circuit again

    03/21/2011 10:12:02 AM PDT · by SmithL · 23 replies
    San Francisco Chronicle ^ | 3/21/11 | Debra J. Saunders
    Supreme Court unanimous reversals of the Ninth Circuit are becoming so common as to be almost yawn inducing. Today comes the latest reversal of a Ninth Circuit ruling in favor of a sex offender who attacked a 72-year-old woman. In short, the big bench once again was forced to remind the S.F.-based court that it is supposed to defer to local court decisions.
  • San Francisco Gun Ban Ruled Null and Void

    01/10/2008 7:13:23 AM PST · by epow · 33 replies · 117+ views
    NRA-ILA ^ | 01/09/07 | staff
    Fairfax, VA – The California State Court of Appeals announced today their decision to overturn one of the most restrictive gun bans in the country, following a legal battle by attorneys for the National Rifle Association (NRA) and a previous court order against the San Francisco Board of Supervisors. “Today’s decision by the California State Court of Appeals is a big win for the law-abiding citizens and NRA Members of San Francisco,” declared Chris W. Cox, NRA’s chief lobbyist. In 2005, NRA sought an injunction against the San Francisco Board of Supervisors to prevent them from enacting one of the...
  • Accepted Notion Of Neutron's Electrical Properties Overturned By New Research

    09/18/2007 1:21:38 AM PDT · by LibWhacker · 36 replies · 194+ views
    Science Daily ^ | 9/18/07
    Science Daily — For two generations of physicists, it has been a standard belief that the neutron, an electrically neutral elementary particle and a primary component of an atom, actually carries a positive charge at its center and an offsetting negative charge at its outer edge. The notion was first put forth in 1947 by Enrico Fermi, a Nobel laureate noted for his role in developing the first nuclear reactor. But new research by a University of Washington physicist shows the neutron's charge is not quite as simple as Fermi believed. Using precise data recently gathered at three different laboratories...
  • Renteria Sentence Reversed, DA Reacts (Death Sentence Overturned)

    10/05/2006 8:09:54 AM PDT · by CAWats · 2 replies · 304+ views
    EL PASO, Tx. - The El Paso District Attorney's office confirms the Court of Criminal Appeals has reversed the death penalty sentence for convicted child killer David Renteria. Renteria's conviction, however, stands. Renteria was convicted in 2001 for the brutal murder of 5 year-old Alexandra Flores. It was back in November of 2001 when the story of Alexandra Flores made national headlines. Surveillance video shows Alexandra walking out of the Wal-Mart with a man. One day later, Alexandra was found dead in a central city parking garage, her body was partially burned.
  • California girl killer's death sentence overturned (9th Circus)

    08/11/2006 1:34:41 PM PDT · by NormsRevenge · 19 replies · 1,307+ views
    ap on Riverside Press Enterprise ^ | 8/11/06 | David Kravets - ap
    SAN FRANCISCO A federal appeals court on Friday upheld the conviction, but set aside the death sentence of a man condemned for kidnapping and murdering an 8-year-old Hayward girl in 1978. The decision by the 9th U.S. Circuit Court of Appeals means Richard Hovey's sentence is changed to life without parole. If the decision withstands appeal, Hovey, who tossed a bound Tina Salazar of Hayward from a car after beating her, would be removed from death row at San Quentin State Prison. The San Francisco-based appeals court reversed the sentence after concluding Hovey received ineffective assistance of counsel during the...
  • Judge Overturns San Francisco Weapons Ban

    06/12/2006 6:27:55 PM PDT · by CAWats · 74 replies · 1,912+ views
    San Diego Union-Tribune ^ | 6/12/2006 | David Kravets
    SAN FRANCISCO – A state trial judge sided Monday with the National Rifle Association in overturning a voter-approved city ordinance that banned handgun possession and firearm sales in San Francisco. Measure H was placed on the November ballot by the San Francisco County Board of Supervisors, who were frustrated by an alarmingly high number of gun-related homicides in the city of 750,000. The NRA sued a day after 58 percent of voters approved the law. In siding with the gun owners, San Francisco County Superior Court Judge James Warren said a local government cannot ban weapons because the California Legislature...
  • Sturm Death Sentence Overturned, California Attorney General mulling options

    03/14/2006 9:43:54 PM PST · by NormsRevenge · 7 replies · 921+ views
    Oakland Tribune ^ | 3/14/06 | Kate Stepanski
    SAN FRANCISCO - The California Attorney General's office has a month left to decide whether it will fight to see Gregory Allen Sturm die. On March 8, the California Supreme Court overturned the 35-year-old's death sentence for the August 19, 1990 robberies and murders of Darrell Esgar, Chad Chadwick, and Russell Williams. Death penalty opponents tout the court's decision as another example of increasing tensions over methods of criminal punishment in California. According to the court, however, the 5-2 decision overturning the death sentence focused on the trial judge's misconduct. Sturm is still convicted of the crimes, which occurred at...
  • State Battles Likely if Roe Overturned

    11/06/2005 10:21:13 AM PST · by Libloather · 78 replies · 1,500+ views
    Yahoo News ^ | 11/05/05 | DAVID CRARY
    State Battles Likely if Roe Overturned By DAVID CRARY, Associated Press Writer Sat Nov 5,11:56 PM ET NEW YORK - Undoubtedly, there would be tumult — likely roiling every statehouse in the nation. Beyond that, little is certain about what would unfold if the Supreme Court overturned Roe v. Wade, the divisive 1973 decision establishing a woman's right to have an abortion. Reversal remains only a hypothesis for now, yet both sides in the abortion debate are discussing the demise of Roe as an increasingly serious possibility. President Bush's nomination of conservative Samuel Alito to replace moderate Justice Sandra Day...