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Man who broke ankle at farm obstacle course wins appeal
Court Issues |
2021/02/13 02:50
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A man who broke an ankle on an obstacle course at a pumpkin patch will get his foot inside a courthouse again.
A judge wrongly dismissed Tarek Hamade’s lawsuit against DeBuck’s Corn Maze and Pumpkin Patch, the Michigan Court of Appeals said Thursday.
Hamade fractured an ankle while running across tires that were part of an obstacle course known as “Tough Farmer.” He said he was injured while stepping on a tire that was very soft at the fall attraction near Belleville.
DeBuck’s argued that the spongy tire was an open and obvious risk, a key legal standard under Michigan liability law.
“It’s an obstacle course. It’s meant to be difficult to traverse,” attorney Drew Broaddus said at a Feb. 3 hearing.
But the appeals court said the tire’s condition was not obvious.
“If they’d called it the ‘spongy tire challenge’ we might have a different case. But that’s not what it was presented as,” Judge Michael Gadola said.
Hamade’s lawsuit now returns to Wayne County Circuit Court.
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Polish court rules record compensation for wrongful jailing
Court Issues |
2021/02/10 21:23
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A Polish court on Monday ordered a record high compensation of nearly 13 million zlotys ($3.4 million) to a man who had spent 18 years in prison for a rape and murder of a teenager he didn’t commit.
Tomasz Komenda’s case has shocked Poland, and the right-wing government highlighted it as an example of why it says the justice system needs the deep changes it has been implementing.
Komenda, now in his mid-40s was arrested in 2000 over a 1997 rape and murder of a 15-year-old girl at a New Year’s village disco party. He was initially handed a 15-year prison term, which was later increased to 25 years, despite him protesting his innocence.
As a result of family efforts, the prosecutors reviewed the case and came to the conclusion that he couldn’t have committed the crime. Komenda was cleared after DNA tests, among other factors, showed that he wasn’t involved.
Komenda was acquitted of all charges and released in 2018, having wrongfully served 18 years of his term. He had been seeking 19 million zlotys ($5 million) in damages and in compensation.
A court in Opole ruled Monday that he should receive most of that amount — the highest ever compensation awarded in Poland. The verdict is subject to appeal.
Two other men have been convicted and handed 25-year prison terms in the 1997 case. Komenda’s story was told in 2020 Polish movie “25 Years of Innocence. The Case of Tomek Komenda.” |
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Appeals court OKs convictions in college basketball scandal
Court Issues |
2021/01/18 04:12
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A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.
The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.
“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.
The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.
The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.
Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.
At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.
Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.
In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.
Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified. |
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Harris to be sworn in by Justice Sotomayor at inauguration
Court Issues |
2021/01/14 12:13
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Vice President-elect Kamala Harris will be sworn in by Supreme Court Justice Sonia Sotomayor on Wednesday, a history-making event in which the first Black, South Asian and female vice president will take her oath of office from the first Latina justice.
Harris chose Sotomayor for the task, according to a person familiar with the decision. She’ll also use two Bibles for the swearing-in, one of which belonged to Thurgood Marshall, the first Black Supreme Court justice.
ABC News first reported the latest details of Harris’ inauguration plans. Harris has expressed admiration for both Sotomayor and Marshall. She and Sotomayor share experience as prosecutors, and she once called Marshall — like Harris, a graduate of Howard University — one of her “greatest heroes.”
The vice president-elect said in a video posted to Twitter that she viewed Marshall as “one of the main reasons I wanted to be a lawyer,” calling him “a fighter” in the courtroom.
And this will be the second time Sotomayor takes part in an inauguration. She swore in President-elect Joe Biden as vice president in 2013.
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